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Item C06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 10/15/08 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 809-5200 AGENDA ITEM WORDING: Approval of contract with Koch Corporation, for construction of the Noise Insulation Program, Phase 6, for the Key West International Airport. ITEM BACKGROUND: This project is funded 95% by the Federal Aviation Administration and 5% by Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application # 14, March 21, 2007. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $3,667,290.00 BUDGETED: Yes COST TO AIRPORT: None COST TO PFC: $183,364.50 COST TO COUNTY: None REVENUE PRODUCING: No APPROVED BY: County Attorney X OMB/Purchasing X DOCUMENTATION: Included X DISPOSITION: /bev AO 11 /06 SOURCE OF FUNDS: FAA & PFC Revenue AMOUNT PER MONTH /YEAR: Risk Management X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Koch Corporation Effective Date: Execution Expiration Date: - December 2009 Contract Purpose/Description: Construction, Noise Insulation Program, Phase 6, for the Key West International Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: 10/15/08 Agenda Deadline: 9/30/08 CONTRACT COSTS Total Dollar Value of Contract: $3,667,290.00 Current Year Portion: $3,667,290.00 Budgeted? Yes Account Codes: 404-630133-GAKA127 Grant: Yes - FAA 404-630J,06 GAKA132 County Match: PFC Revenue 14A ADDITIONAL COSTS Estimated Ongoing Costs: n/a For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Yes No Airports Director 9 /,-70/ ng ( ) Risk Mana erri f9- Z4 t O.M.B./Purchng (V County Attorney Comments: SGG n"4) cu"4f� ' Aw- Reviewer Date Out Peter Horton anagem nt a �/ r for OMB County Attorney Key West International Airport - Monroe County -Noise Insulation Program CONSTRUCTION CONTRACT THIS AGREEMENT effective day of , 20 , between the MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "Sponsor" or "County") and Koch Corporation (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, the Sponsor is the sponsor of the Key West International Airport Noise Insulation Program (hereinafter referred to as the "NIP"); and WHEREAS, the Sponsor has elected to implement the sixth phase of the NIP (hereinafter referred to as "Phase 6"); and WHEREAS, the Phase 6 NIP is managed by the consultant team consisting of the prime manager, architect, acoustician and construction manager (hereinafter referred to as the "Program Manager"); and WHEREAS, the Contractor shall perform all necessary work and labor in the Phase 6 NIP (hereinafter referred to as the "Work"); and WHEREAS, the Work shall be performed in accordance with the approved Phase 6 NIP Construction Drawings dated March 24, 2008 (herinafter referred to as the "Drawings" and the approved Phase 6 NIP Construction Specifications dated March 24, 2008 (hereinafter referred to as the "Specifications"); and WHEREAS, the Work shall be completed in accordance with the Phase 6 NIP Construction Schedule (hereinafter referred to as the "Schedule"), consisting of the sub -construction construction schedules (1-7) and total construction period schedule; and NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Sponsor and the Contractor hereby agree as follows: Three million, six hundred sixty seven thousand, two hundred That the Contractor in consideration of the payment of the Contract price thereof amounting to ninety Dollars (S - 6C7 , 290 W ), shall perform all work set forth in the Drawings and Specifications, and agrees to furnish all materials (excepf as specified to be furnished by the NIP), together with all necessary equipment, tools, labor, and other means of construction and do and perform all necessary work and labor for the full completion of the Work under Contract No. , the Work to be performed in accordance with approved Drawings and Specifications and for the price and compensation set forth above and as specified in the Bid Form of the Contractor which is hereto attached and hereby made a part of this agreement. The Work will be performed in accordance with Schedule. Work and payments will be pursuant to and in accordance with Drawings and Specifications, therein set forth and addenda thereto, all being incorporated by reference and being a part of this agreement. The Contractor agrees to utilize the following Disadvantaged Business Enterprises: Kennev Construction, LLC CONSTRUCTION CONTRACTIBONDS 00500 - 1 Contractor agrees that the Work shall be done and performed in a good and workmanlike manner, that all materials and labor shall be in strict conformity in every respect with the Drawings and Specifications for the improvement and shall be subject to inspection and approval of the Sponsor through its duly authorized Program Manager and, in case any material or labor supplied shall be rejected by the Sponsor as defective or unusable, such rejected material shall be removed and replaced with approved material, and the rejected work shall be corrected to the satisfaction and approval of the Sponsor through its authorized Program Manager, at no additional cost or expense to the Sponsor. Contractor further agrees that he will commence the Work hereunder upon receipt of the executed copy thereof and will complete the Work to the satisfaction and approval of the Program Manager within the time limits specified in Time of Completion and Schedule sections in the Specifications. It is further agreed that any delay caused by the elements and other causes over which Contractor has no control or by strikes or other combined action of workers employed in the construction or in the transportation of materials, in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused and the time for completion extended to the extent that Program Manager may find and determine such condition to have delayed completion within the time limit through no fault of the Contractor, but the judgment of Program Manager in respect thereto shall be final and conclusive upon the parties. Contractor agrees that neither it nor its Subcontractors shall have any claim for damages against the Sponsor or its agents arising from delays in the Work. Contractor understands that its sole remedy for a delay is an extension of time. The Sponsor and the Contractor agree that the damages which would be incurred by the Sponsor in the event of delay of the Project would be substantial but are not capable of being precisely calculated as of the execution of this Contract. The Sponsor and the Contractor therefore agree based upon their professional knowledge and experience with projects of this type and their best estimates of the damage associated with delay of the Project that the Contractor (and his surety) shall be liable for and shall forfeit One Thousand Dollars (S 1,000.00) from the Contract Sum for each calendar day (Sundays and Holidays included) after the final Completion Date that any part of the Work upon any property remains incomplete, herein stipulated as fixed, agreed, as liquidated damages, and not as a penalty. It is further understood and agreed that no claim for extra Work done or materials furnished by the Contractor will be allowed except as provided by the Drawings and Specifications, nor shall the Contractor do any work or furnish any materials not covered by the Drawings and Specifications and by this Contract unless such work is first ordered in writing as provided in the Drawings and Specifications. Any extra work done or materials furnished by the Contractor without written order first being given therefore as in the Drawings and Specifications provided shall be at Contractor's risk, cost and expense, and Contractor agrees in such event that he will make no claim for compensation for such extra work or materials. It is further agreed that in no event shall the contracting officers of the Sponsor be personally liable or responsible in any manner to the Contractor, Subcontractors, suppliers, laborers or to other person or persons whomsoever for claim, demand, damages, actions, or causes of action or character arising out of or by reason of the execution of this agreement or the performance and completion of the Work and improvement provided herein. Contractor certifies to being not disqualified or debarred from entering into or receiving a Florida Department of Transportation contract, or a municipal State -aid or County State -aid Contract administered by the Department of Transportation as agent of a municipality or county pursuant to Florida Statutes. Further, Contractor agrees not to utilize either directly or indirectly any contractor, corporation, partnership, or business however organized, which is disqualified or debarred from entering into or receiving contract as stated above. This restriction applies regardless of whether the disqualified or disbarred party acts in the capacity of a Contractor, a Subcontractor, or as an equipment or material supplier. It is further agreed that the Contractor will abide by the provisions of Title VI of the Civil Rights Act of 1964 and Federal Regulations of the Department of Transportation, set forth in Section 00210 of the Specifications, will afford opportunity for Disadvantaged Business Enterprise as set forth in Section 00210 of the Specifications, will comply with restrictions on Federal Public Works Projects as set forth in Section 00210 of the Specifications, will comply with the General Civil Rights Provisions as set forth in Section 00210 of the Specifications, and will comply with Buy American Steel and Manufactured Products for Construction requirements as set forth in Section 00210 of the Specifications. Books, Records and Documents. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor, CONSTRUCTION CONTRACT/BONDS 00500 - 2 Governine Law, Venue, Interpretation. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses 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. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 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. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shal I be required to enter into any arbitration proceedings related to this Agreement. Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6I07) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONSTRUCTION CONTRACT/BONDS 00500 - 3 Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, 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. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 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. 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. Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 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. 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 singing any such counterpart. CONSTRUCTION CONTRACT/BONDS 00500 - 4 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. Federal, State and Local Law. The company shall comply with all federal, state, county and local laws, ordinances, rules and regulations now and hereafter in force which may be applicable to the operation of its business at the airport, including the minimum standards for fixed base operators, as amended from time to time. Mutual Review. This agreement has been carefully reviewed by CONTRACTOR and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees on the Airport during the term of this AGREEMENT, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this section will survive the expiration of the term of this lease or any earlier termination of this lease Contractor shall comply with all Federal Aviation Administration (FAA) wage, labor, EEO, safety and general requirements applicable to the work as set forth in exhibit A, as such requirements may be superseded, supplemented, or amended from time to time including but not limited to the Davis -Bacon Act and shall include all applicable AIP provisions in his subcontracts. It is further agreed that the Contractor will incorporate all applicable clauses listed in exhibit A in any subcontracts. CONSTRUCTION CONTRACT/BONDS 00500 - 5 MONROE COUNTY NOISE INSULATION PROGRAM By STATE OF FLORIDA ) SS MONROECOUNTY ) This instrument was acknowledged before me on day of , 20 , by , as the authorized representative of Monroe County NIP. (Notarial Seal) Notary Public Signature Ti Contractor Individual & Co -Partnership Acknowledgment STATE OF FLORIDA ) SS MONROE COUNTY ) This instrument was acknowledged before me on day of , 20 , by (Notarial Seal) Contractor Corporate Acknowledgment Notary Public Signature Kentucky STATE OF550")* ) "COUNTY SS This instrument was acknowledged before me on 11 th day of September 120 08 by Mark L ods ► President as the authorized representa' of K 1 Not Public gnature (Notarial Seal) CONSTRUCTION CONTRACT/BONDS 00500 - 6 EXHIBIT A The Federal Aviation Administration (FAA) administers an airport grant program that provides funds to eligible airports for a variety of projects. The program, which is known as the Airport Improvement Program (AIP), is authorized by the Airport and Airway Improvement Act (AAIA) of 1982. The work in this contract is included in AIP Project Number 3-12-0037-035-2008 which is being undertaken and accomplished by the Sponsor in accordance with the terms and conditions of a grant agreement between the Sponsor and the United States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. LABOR PROVISIONS - FOR CONTRACTS When AIP projects involve construction contracts in excess of $2,000, provisions of other Federal laws and regulations involving wage rates, overtime pay and kickbacks become applicable, as outlined in FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89, and Advisory Circular (AC) 150/5100-6D, Labor Requirements for the Airport Improvement Program (AIP), dated 10/15/86. 1. Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29 CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. a. Minimum Waaes: (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act [29 CFR Part 3]), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a. (4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of Work actually performed, without regard to skill, except as provided in paragraph d. of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under a. (2) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. (2) (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The Work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the CONSTRUCTION CONTRACT/BONDS 00500 - 9 Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budge under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2) (ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including an apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. C. Payrolls and Basic Records. (1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act,), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number 1215-0140 and 1215-0017.) (2) 0) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, fortransmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to bed maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: CONSTRUCTION CONTRACT/BONDS 00500 - 10 (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c (1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the fully weekly wages earned, without rebate, either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(12) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, Applicant or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to an individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to an individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the Plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will CONSTRUCTION CONTRACT/BONDS 00500 - 11 no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the Equal Employment Opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. f. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses contained in paragraphs a through j of this Contract and such other clauses as the FAA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A Breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis -Bacon and Related Act Requirements. All rulings in interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that 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 be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Contract shall be subcontracted to any person 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). (3) The penalty for making false statements is prescribed in Criminal Code, 16 U.S.C. 1001. 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term 'laborers" and "mechanics" include watchmen and guards. a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Waqes; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liauidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in CONSTRUCTION CONTRACT/BONDS 00500 - 12 paragraphs a. through d e. Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 CFR Part 1926) issued by the Department of Labor. 3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all contracts for work on airport development projects involving labor: Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. CIVIL RIGHTS REQUIREMENTS - FOR CONTRACTS Since the passage of the Civil Rights Act of 1964, many other laws have been passed and Executive orders issued which pertain to various aspects of civil rights. Some refer to discrimination in employment; some deal with discrimination in providing services; some with discrimination in program accessibility for persons with disabilities, etc. In many instances, the U.S. Department of Transportation and other Federal agencies issued regulations to implement the different laws and Executive orders. Many of these regulations levy requirements on recipients of Federal assistance under the airport grant program, administered by the Federal Aviation Administration (FAA), as outlined in FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89, and Advisory Circular (AC) 150/5100-15A, Civil Rights Requirements for the Airport Improvement Program (AIP), dated 3/31/89. NONDISCRIMINATION IN BENEFITS FOR AND SERVICES TO THE PUBLIC The following clauses must be inserted in all contracts entered into by the Sponsor. Contractor Contractual Requirements 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 Department of Transportation (hereinafter, "DOT') 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 grounds of race, color, or national origin 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 3 of the regulations. 3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, 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 sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or CONSTRUCTION CONTRACT/BONDS 00500 - 13 the FAA 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 Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. NONDISCRIMINATION IN EMPLOYMENT IN FEDERALLY -ASSISTED CONSTRUCTION CONTRACTS Each Sponsor entering into a federally assisted Construction Contract over Ten Thousand Dollars ($10,000.00) is required to include the following clauses and certifications in the bid documents and in the contracts between the Sponsor and the Prime Contractor. Each Contractor is to include these clauses and certifications in each Construction Subcontract. Equal Employment Opportunity Clause —41 CFR 60-1.4(b) During the performance of this contract the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided advising that said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA 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 vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Notices to be Posted Per Paragraphs (1) and (3) of the EEO Clause Equal Employment Opportunity is the Law — Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title VI of the Civil Rights Act of 1964 — Administered by. The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees, by Labor Organizations with a hiring hall of 75 or more members, by Employment Agencies, and by Joint Labor - CONSTRUCTION CONTRACT/BONDS 00500 - 14 Management Committees for Apprenticeship or Training. After July 1, 1967, employers and labor organizations with 50 or more employees or members will be covered; after July 1, 1968, those with 25 or more will be covered. ANY PERSON — Who believes he or she has been discriminated against SHOULD CONTACT: The Equal Employment Opportunity Commission 2401 E Street, NW Washington, DC 20506 Executive Order No. 11246 —Administered by: The Office of Federal Contract Compliance Programs Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Federal Assisted Construction Contract, regardless of the number of employees in either case. ANY PERSON — Who believes he or she has been discriminated against SHOULD CONTACT: The Office of Federal Contract Compliance Programs US Department of Labor Washington, DC 20210 Certification of Nonsegregated Facilities — 41 CFR 60-1.8. Notice to Prospective Federally -Assisted Construction Contractors 1. Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding Ten Thousand Dollars ($10,000) which is not exempt from the provisions of the equal opportunity clause. 2. Contractors receiving federally assisted construction contract awards exceeding Ten Thousand Dollars ($10,000) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed Ten Thousand Dollars ($10,000) and are not exempt from the provisions of the Equal Opportunity Clause Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities 1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding Ten Thousand Dollars ($10,000) which is not exempt from the provisions of the Equal Opportunity Clause, 1. Contractors receiving federally assisted construction contract awards exceeding Ten Thousand Dollars ($10,000) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed Ten Thousand Dollars ($10,000) and are not exempt from the provisions of the equal opportunity clause. Certification of Nonsegregated Facilities The federally -assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally -assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding ten thousand ($10,000.00) dollars (US) which are not exempt from the provisions of the equal opportunity clause and that he will retain such certifications in his files. Notice to Prospective Contractors of Requirement for Certification of Nonsegregated Facilities A certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 CONSTRUCTION CONTRACT/BONDS 00500 - 15 which is not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in U.S.C. 1001. Affirmative Action Requirements — 41 CFR Part 60-4. Notice of Reauirement for Affirmative Action to Ensure Eaual Employment ODvortunity (Executive Order 11246, as Amended). 1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area as follows: Timetables Goals for minority participation for each trade: 30.4% Goals for female participation for each trade: 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minority and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 (Ten Thousand Dollars) at any tier of construction work under the Contract resulting from this solicitation. The notification shall list the name, address, telephone number of the subcontractor, employer identification number of the subcontractor, estimated dollar amount of the subcontracts; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the Contract resulting from this solicitation, the "covered area" is Monroe County, Florida. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; C. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. CONSTRUCTION CONTRACT/BONDS 00500 - 16 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these Specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the local hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal Procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, as amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with the Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor on its unions have employment opportunities available, and maintain a record of the organization's responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, a community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. CONSTRUCTION CONTRACT/BONDS 00500 - 17 h. Disseminate the Contractors EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's worts force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of the Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended and it's implementing regulations, by the OFCCP. Any contractor who fails to cant' out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the executive order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union CONSTRUCTION CONTRACT/BONDS 00500 - 18 affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates if changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program. Contractor/Subcontractor Reporting — 41 CFR 60-1.7. 1. Monthly Utilization Reports (SF 257). Based on paragraph (5) of the EEO Clause, Monthly Utilization Reports (SF 257) may be required to be submitted to the area office of the Federal Contract Compliance Program (OFCCP). This requirement applies to contracts to be performed in areas designated by the Department of Labor. Contractors should contact the area office of the Department of Labor to see if this report is required. 2. Employer Information Report (SF-100). Contractors/subcontractors working on federally assisted projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve (12) months preceding the date of award (the FAA or Department of Labor OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) — Survey Division, 2401 E. Street, NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: (i) Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60-1.5; (ii) Number of Employees. Has fifty (50) or more employees; (iii) Dollar Level. There is a contract, subcontract, or purchase order amounting to Fifty Thousand Dollars ($50,000) or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U. S. Savings Bonds and Savings Notes. (iv) Contractor/Subcontractor. Is a prime Contractor of first tier subcontractor. Some subcontractors below the first tier who work at the site are required to file if they meet the above requirements. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Each Sponsor entering into a DOT -assisted Construction Contract is required to include the following Policy and DBE Obligation statements in the contract between the Sponsor and the Contractor. These statements are taken from 49 CFR 26, which includes additional language which is applicable to the Sponsor. (1) POLICY. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 apply to this contract. (2) DBE OBLIGATION. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of this contract or subsequent subcontracts. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract or subsequent subcontracts. (3) COMPLIANCE. All Contractors or Subcontractors for this DOT -assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Sponsor. TRADE RESTRICTION CLAUSES — FOR CONTRACTS As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24189, the Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the office of the United States Trade Representative (USTR); CONSTRUCTION CONTRACT/BONDS 00500 - 19 b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no Contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the Project, the FAA may direct, through the Sponsor, cancellation of the Contract at no cost to the Government. Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. 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 provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10124/89, for all construction contracts and subcontracts exceeding one hundred thousand dollars ($100,000). Contractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. C. That as a condition for award of a Contract, they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include in any subcontract which exoeeds One Hundred Thousand Dollars ($100,000), the requirements of (a), (b), and (c). Drug -Free Workplace Program. Requirements of 21 CFR 1308 1. Definitions: (a) As used in this clause, "controlled substance" means a controlled substance in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) and as further defined in regulation at 21 CFR 1308.11-1308.15. (b) "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statues. (c) "Criminal drug statutes" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. (d) "Drug -free workplace" means the site(s) for the performance of work done by the Contractor in connection with a CONSTRUCTION CONTRACT/BONDS 00500 - 20 specific contract at which employees of the Contractor are prohibited from engaging in the manufacture, distribution, dispensing, possession, or use of a controlled substance. (e) "Employee" means an employee of the Contractor directly engaged in the performance of work under a Government contract. (f) "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. (g) "Individual" means an Offerer/Contractor that has no more than one employee including the Offerer/Contractor. 2. The Contractor, if other than an individual, shall within thirty (30) calendar days after award (unless a longer period is agreed to in writing for contracts of 30 calendar days or more performance duration), or as soon as possible for contracts of less than thirty (30) calendar days performance duration: (a) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (b) Establish an ongoing drug -free awareness program to inform such employees about: (i) the dangers of drug abuse in the workplace, (ii) the Contractor's policy of maintaining drug -free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Provide all employees engaged in performance of this contract with a copy of a statement required by subparagraph 2. (a) of this clause; (d) Notify such employees in writing in the statement required by subparagraph 2. (a) of this clause that, as a condition of continued employment on this contract, the employee will: (i) abide by the terms of the statement and (ii) notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (e) Notify Monroe County in writing within ten (10) calendar days after receiving notice under subparagraph 2. (d) (ii) of this clause from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (f) Within thirty (30) calendar days after receiving notice under paragraph 2. (d) (ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) take appropriate personnel action against such employee, up to and including termination, or (ii) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, and (g) Make a good faith effort to maintain a drug -free workplace through implementation of subparagraph 2. (a) of this clause. 3. The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this contract. 4. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs 2. and 3. of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. BUY AMERICAN REQUIREMENT 1. Under Section 9129 of the Aviation Safety and Capacity Expansion Act of 1990, the Secretary of Transportation shall not obligate after the date of enactment (November 5, 1990), any funds for any project unless "steel and manufactured products" (hereafter materials) used in such projects are produced in the United States. Although this appears to be a blanket requirement, CONSTRUCTION CONTRACT/BONDS 00500 - 21 the Act further provides the following four exceptions: a. The Secretary determines that application of the Buy American requirement would not be in the public interest; b. The Secretary finds that such materials are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; C. In the case of the procurement of facilities and equipment under the Airport and Airway Improvement Act of 1962, as amended, that (1) the cost of components and subcomponents which are produced in the United States is more than 60 percent of the cost of all components of the facility or equipment, and (2) final assembly of the facility or equipment has taken place in the United States; or d. The inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. There is no restriction against a company offering foreign produced items in its bid (although the bid should identify those items). The Sponsor may not award to that company unless it is pursuant to one of the exceptions listed above. 2. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the AIR The following terns apply: a. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds sixty (60%) percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs 2. a. and b. shall be treated as domestic. b. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. C. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. 3. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those: a. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; b. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. 4. The following is a list of those items that the Federal Government has already determined are not domestically produced in sufficient and reasonably available quantities and of a satisfactory quality (exemption 1. b. above). Many of the items listed would not be considered as manufactured goods subject to the Buy American requirement or will never be used by sponsors in a project. The entire list is reproduced to ensure that there are no unintentional exclusions. List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities and of Sufficient Quality (January, 1991) Acetylene, black. Agar, bulk. Anise. Antimony, as metal or oxide. Asbestos, amosite, chrysolite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium Hydroxynapthoate. Bismuth. Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestic editions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. CONSTRUCTION CONTRACT/BONDS 00500 - 22 Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chronite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Copra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum. Diamonds, industrial, stones and abrasives. Emetine, bulk. Ergot, crude. Erthrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, aace, agave, coir, flax, jute, jute burlaps, palmyra, and sisal. Goat and kidskins. Graphite, natural, crystalline, crucible grade. Handsewing needles. Hemp yam. Hog bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Ka urig um. Lac. Leather, sheepskin, hairtype. Lavender oil. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incorporation into building systems during construction or repair and alteration of real property). Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. Oiticica oil. Olive oil. Olives (green), pitted or unpitted, or stuffed, in bulk. Opium, crude. Oranges, mandarin, canned. Petroleum, crude oil, unfinished oils, and finished products (see definitions below). Pine needle oil. Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars. Pyrethrum flowers. Quartz crystals. Quebracho. Quinidine. Quinine. Rabbit fur belt. Radium salts, source and special nuclear materials. Rosettes. Rubber, crude and latex. Rutile. Santonin, crude. Secretin. Shellac. Silk, raw and unmanufactured. Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available. Spices and hers, in bulk. Sugars, raw. Swords and scabbards. Talc, block, steatite. CONSTRUCTION CONTRACT/BONDS 00500 - 23 Tantalum. Tapioca Flour and cassava. Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Thread, metallic (gold). Thyme oil. Tin in bars, blocks, and pigs. Triprolidine hydrochloride. Tungsten. Vanilla bean. Venom, cobra. Wax, camauba. Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, blasa,ekki, greenhart, lignum vitae, mahogany, and teak. Yam, 50 Denier rayon. Petroleum terms are used as follows: "Crude oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products. "Finished products" means any one or more of the following petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means: a. "Asphalt" — a solid or semi -solid cementitious material that (1) gradually liquefies when heated, (2) has bitumens as its predominating constituents, and (3) is obtained in refining crude oil. b. "Fuel Oil" — a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, or residues. C. "Gasoline" — a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in intemal combustion engines. d. "Jet Fuel" — a refined petroleum distillate used to fuel jet propulsion engines. e. "Liquefied Gases" — hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain liquid state at ambient temperatures. f. "Lubricating Oil" — a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. g. "Naphtha" — a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosene. h. "Natural Gas Products" — liquids (under atmospheric conditions) including natural gasoline, that: (1) are recovered by a process of absorption, adsorption, compression, refrigeration, cyclin, or a combination of these processes, from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir, and (2) when recovered and without processing in a refinery, definitions of products contained in subdivision b., c., and g. above. i. "Residual Fuel Oil" — a topped crude oil or viscous residuum that, as obtained in refining or after blending with other fuel oil, meets or is the equivalent or MILSPEC Mil-F-859 for Navy Special Fuel Oil and any more viscous fuel oil, such as No. 5 or Bunker C. "Unfinished oils" — means one or more of the petroleum oils listed under "Finished products" above, or a mixture or combination of these oils, that are to be further processed other than by blending by mechanical means. SUSPENSION AND DEBARMENT REQUIREMENTS — FOR CONTRACTS As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10124/89. The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause with modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/ offererl contractor of any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. RIGHTS TO INVENTIONS As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the CONSTRUCTION CONTRACT/BONDS 00500 - 24 Sponsor. TERMINATION OF CONTRACT As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89 a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in process, delivered to the Sponsor. b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to failure to fulfill contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph b. of this clause. e, The rights and remedies of the Sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. INSPECTION OF RECORDS As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24189. The contractor shall maintain an acceptable cost accounting system. The Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for 3 years after the Sponsor makes final payment and all other pending matters are closed. BREACH OF CONTRACT TERMS - SANCTIONS As required by FAA Order 5100.38A, Airport Improvement Program Handbook, Chapter 8, Section 2, dated 10/24/89. Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 — GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provisions obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Application Incorporate in all contracts funded under AIP Reference Airport and Airway Improvement Act of 1982, Section 520 Title 49 47123 AC 150/5100-15 Para. 10.c LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person 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 CONSTRUCTION CONTRACT/BONDS 00500 - 25 employee of a Member of Congress in connection with making of any Federal grant and the amendment or modification of any Federal grant. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions Application Required in all contracts and subcontracts Reference 49 CFR Part 20, Appendix A ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) Application The regulation does not prescribe the language for the requirement. The above clause represents sample language that meets the intent of 49 CFR part 18.36(i)(13) Reference 49 CFR Part 18.36 Public Law 94-163 VETERAN'S PREFERENCE In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Application Incorporate into all construction contracts financed under the AIP program. Reference Title 49 U.S.C. 47112(c) Advisory Circular 15015100-6d CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permited to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. CONSTRUCTION CONTRACT/BONDS 00500 - 26 The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. Application Incorporate into all construction contracts and subcontracts that exceed $100,000 and are financed under the AIP program. Reference 29 CFR Part 5.5 Advisory Circular 150/5100-6d ATTACHMENTS Wage rates for Monroe County are attached CONSTRUCTION CONTRACTIBONDS 00500 - 27 Wage Rate Decisions General Decision Number FLO80050 02/08/2008 FL50 Superseded General Decision No. FL20070061 State: FLORIDA County: MONROE Construction Type: RESIDENTIAL RESIDENTIAL CONSTRUCTION PROJECTS (Consisting of single family homes and apartments up to and including 4 stories.) Modification Number: 0 Publication Date: 02/08/2008 SUFL1983-003 09/01/1983 Rates Fringes AIR CONDITIONING MECHANIC 7.75 BRICKLAYER 8.50 CARPENTERS 8.41 CEMENT MASONS 8.00 DRYWALL FINISHER 7.96 DRYWALL HANGER 10.00 ELECTRICIANS 9.16 LABORERS: Marble Setter 6.50 Mason Tender 5.85 Unskilled 5.85 PAINTERS 8.00 PLUMBERS & PIPEFITTERS 8.37 POWER EQUIPMENT OPERATORS: Backhoe 7.00 Bulldozer 6.00 Crane 7.00 Grader 7.00 Trencher 6.00 ROOFERS 7.00 SHEET METAL WORKER 9.00 TRUCK DRIVERS 5.85 WELDERS Receive rate prescribed for craft performing operation to which welding is incidental. ----------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------- CONSTRUCTION CONTRACT/BONDS 00500 - 28 In the listing above, the "SU" designation means the rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. Wage Determination Appeals Process 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 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, D. C. 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GEN ERAL DECISION CONSTRUCTION CONTRACT/BONDS 00500 - 29 Monroe County Noise Insulation Program (NIP) PAYMENT AND PERFORMANCE BOND BOND NO. 3321162 Part A: Payment Bond KNOW AL.L BY THESE PRESENTS, that we, KOCH CORPORATION as Principal, whose address is 1131 LOGAN STREET, LOUISVILLE, KY 40204 Contractor, , and Surety GREAT AMERICAN INSURANCE COMPANY whose address is 580 WALNUT STREET, CINCINNATI,OH 45202 duly authorized and licensed to do business in the State of Florida, as Surety, hereinafter called Surety, are held and firmly bound unto the MONROE COUNTY NOISE INSULATION PRO,9RAM kNIF as obligee hereinafter called owner, for the use and TN EE MILL N S HUNDRED ,, W SEVEN THOU all benefit of claimants as hereinafter provided in the amount ofTH E MILL N S HUNDRED cei�ee Ica EVEN age Lei Dollars, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, Principal has written agreement dated 20 entered into a contract with Owner for NIP CONTRACTAIp No.3-I2-0037-035- in Accordance with drawings and specifications prepared by/for MONROE COUNTY NIP which contract is by reference made party of hereof and is required by Section 255,05, Florida Statutes. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 255.05, Florida Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvements or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise is shall remain in full force and effect, subject, however, to the following conditions: I) No assignment, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Contract shall release the sureties on the bond. 2) Not later than one year after the completion of the work under the Contract, any party in interest may maintain an action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. Signed and sealed this day of , 20, IN THE PRESENCE OF: KOCH CORPORATION Name of Principal (Contractor) By: (Seal) JWitnes?lLisa G , Green Ma L . LO , Pres i dent GREAT AMERICAN INSURANCE COMPANY Name of Surety By: (Seal) witness DiABE L PHELPS STEVE . GAR ETT, ATTORNEY -IN -FACT CONSTRUCTION CONTRACTIBONDS 00500 - 7 Monroe County Noise Insulation Program (NIP) PAYMENT AND PERFORMANCE BOND Part B: Performance Bond KNOW ALL BY THESE PRESENTS, that we, KOCH CORPORATION BOND NO. 3321162 Contractor, as Principal, whose address is 1131 LOGAN STREET, LOUISVILLE, KY 40204 and Surety GREAT AMERICAN INSURANCE COMPANY .whose address is580 WALNUT STREET, CINCINNATI,OH 45202 duly authorized and licensed to do business in the State of Florida, as Surety, hereinafter called Surety, are held and firmly bound unto MONROE COUNTY NOISE INSULATION PROG&W4A J,A!kq{ j ir&4kT,Wbg&wner, for the use and benefit of claimants as hereinafter provided in the amount ofTwo au(voaen NINETY ,mc 00/300 ($3, 667, 290, 00) Doltars, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, $princiDal has written agreement dated , 20 , entered into a contract with Owner for NIP COP TRACT'IP iV0. 3-12-00ITO&ZIii?Mvith drawings and specifications prepared by/for MONROE COLIN TV NIP which contract is by reference made party of hereof and is required by Section 255,05, Florida Statutes. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION, if the Principal shall faithfully complete the Contract(s) according to its terms and shall save the Monroe County NIP harmless from all cost and charges that may accrue on account of the doing of the Work specified and shall pay all costs of enforcement ofthe terms of the bond, if action is brought thereon, including reasonable attorney's fees, costs and disbursements, in any case in which such action is successfully maintained, or successfully appealed, and shall comply with the laws of the state appertaining to such Contract(s), then this obligation shall be void but otherwise it shall remain in full force and effect pursuant to Florida Statutes. Signed and seated this day of , 20 IN THE PRESENCE OF: KOCH CORPORATION Name of Principal (Contractor) 4-1 By: (Seal) fitness Lisa G, Green Mart L. Lods, President GREAT AMERICAN INSURANCE COMPANY Name of Surety B y: (Seal) Witess DIANE L. PHELPS S E GARR T, ATTORNEY -IN -FACT CONSTRUCTION CONTRACT/BONDS 00500 - 8 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The numher of persons aulhorired by this power of attorney is not more than EIGHT No.0 18129 POWER of ATTORNEI' KNOW ALLNIEN BN' THESI,'PRESLN'I'S: That the GREAT ANIERICAN INSURANCE CONIPAN N. a corporation organized and existing under and by s irtue of the lawn of the State of Ohio. does hereby nominate constitute and appoint the person or persons named below its true and lawful attorney -in - fact. lur it and in its name. place and stcsd to cxcCute in hchall of the ,aid Company, Js .surety. any and all bonds, Undertakings and contracts of suretyship. or other written obhg:uions in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or cnntGlet of suretyship executed under this authority shall not exceed the limit stated below. Name STEVEN M. GARRETT DEBORAH A. YATES WILLIAM A. KANTLEHENER, III JEFFREY A. BROWN THOMAS J. MITCHELL DIANE L. PHELPS ROGER A. NEAL LINDA KAPFHAMMER Address Limit of Power ALL OF ALL LOUISVILLE, KENTUCKY $75,000,000 This Power of Attorney revokes all previous powers issued in hehall' of the attorney(.,) -in -fact named above. IN WITNESS WHEREOFthc GREAT AMERICAN INSURANCE COMPANY has a t.ISL these presents to he signed and atlested by in appropriate officers and its corporate seal hereunto affixed this 8TH day of JULY 2008 Attest GREAT AN1ERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KiTCHIN ts13-412-4602) On this 8TH day of JULY 2008 . before me personally appeared DAVID C. KITCHIN, to me known, heing duly sworn. deposes and xtvs that he resides in Cincinnati. Ohio. flit he is the Divisional Senior Vice• President of the Hond Division of Great Amcrican InRUranCC Company, the Company desciihed in and which Cxeculcd the ahovC irts1101110W that he knows the seal or the said Company: that dte seal affixed to the. said insu'untent is such corporate seal that it was so affixed by authority of his oflicc under the fly -Laws of said Company, and that he signed his name thereto by like authority. 'rills P(,wcr or Attorney is granted by authority ofthe following resolutions adop led by the Board of Directors oI Great American Insurance Company by unanimous written consent dated ,March I. 1993. RI;SOIVFI): Ihot the Divi.vonnl Pre i(ieal, Me 1)il'molull senior fret' President, rho wrernl /)irieioml lire /'residents,nul Uirirnnnl'1Vvsnwn L'ite Prc.sh/c/us, or,wn utrr.ol'rhem, be lwtd hereby i.s w filwtLeoJ. from time to lime, to wppoini one or mole Allornevs-in-1 iu r ru ere, due on he11wll of die Comp mv. as cnR'rl, oar and wl/ bonds, widerrt,rkin s and , own(, I, u/ wm I"ship. or other rrrineft ohli,,rwions in dw li'moe di veol,` to prvx, rill(' rhtir itsprtris t dnriec and Ill(' (v.,/)"dire limit., oft their wmhoriq; (rwd it, reroke olds'sneh oppoinnwt'm'ff nm time. IiL.S0l,VL1) Fr Rlflf, Theft rile Comp, my foul ,mtl dle igli'llurt, ol,rrn rlrhe elorevaid olpterr sold ,wn.So( rentr.c or .l,ccismnr .Stwwfory „/ flit' C'ornporn nrwc he allrrerl hr(�i( umile ro wqr power o/ (wrnrn(.) or ccIIill(,Iw offrir/rerJut-the ere rtfinn oltwn' bond, nnclerrukin', Conn'att ur rrurn,ahip, nr,(rher itrirfew „ bli,kwi(m in rht' wr(nnr (here„/, ea-lf si,w(fttn'e seed 'oll it sit rrted heir(, herrhe (ulopted br the Cowp(wny n.s rile (n i.tiinnl si,nafnre o/'xffeh „ 1p( crorld flu „ri,Simtl seal offlit- Cwwp,ufr, w he (fold and bin(lirl,, ffpon file Compwnr trill? the ,come liw",ur11 os rhoft,,h fw,rmrr(ih ailfred. CERTIFICATION I. LVh: CI;TLLR KOSF.N. Senior Vicc 1'residew, General (_ounscl fi \Nsulant SCCfC1aI'b of Gaut \ItlCrICan 111SUrICe C'onlpany, do hCrchy ccrlify that the Gfrcgoin,* Power of Auorncv and the Resolutions of the Boarc of DireclorN of March I. 199, have not hccn revoked and arc now in full lorcc and i lleeL . Siomcd and scaled Ibis d:w ,d OP ID DP ,AcoRQ. CERTIFICATE OF LIABILITY INSURANCE KOCHC-1 DATE (MM/DD/YYYY) 09 09 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Garrett-Stotz Company 10350 Ormsby Park Pl, Ste 105 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Louisville KY 40223 Phone: 502-415-7000 Fax:502-415-7001 — INSURERS AFFORDING COVERAGE NAIC# INSUREDi NSURERA: Amerisure Mutual Insurance 23396 Strong Tower Construction, LLC dba Koch Corporation 12 Stone Realty, LLC NSURERS: INSURERC: 1131 Logan Street Louisville KY 40204 INSURERD: — INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRq TYPE OF INSURANCE POLICY NUMBER DATE MWDO/EFFECY1 DATE MM/DDm LIMITS . GENERAL LIABILITY ='OCCURRENCE $ 1,000,000 PREMISES (Ea occurence) $ 100,000 A X X i COMMERCIAL GENERAL LIABILITY I I CLAIMS MADE I4� OCCUR CPP 1322729 12/31/07 12/31/08 MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG s2,000,000 POLICY X PRO LOG JECT A AUTOMOBILE LIABILITY ANY AUTO CA1322730 12/31/07 12/31/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS X I SCHEDULEDAUTOS —{ BODILY INJURY (Per accident) $ x HIRED AUTOS j�XI NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG ANY AUTO $ $ EXCESSWIABRELLA LIABILITY EACH OCCURRENCE $ 5 , 000 000 A X El OCCUR CL.AIMSMADE CU 1322731 12/31/07 12/31/08 AGGREGATE _ $ 5,000,000 S DEDUCTIBLE $ $ I--i RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC13 2177 002 12/31/07 12/31/08 X TORY LIMITS ER E.L. EACH ACCIDENT - $ 100 , 000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 100 , 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S500,000 OTHER A LEASE/RENTED EQUIP CPP 1322729 12/31/07 12/31/08 Per item $80,000 A STORED MATERIALS CPP 1322729 12/31/07 12/31/08 BLK LIMIT 1,100 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ALL WORK INCLUDING AIP NO. 3-12-0037-035-2008; MONROE COUNTY NOISE INSULATION PROGRAM (NIP) IS ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY PER POLICY TERMS AND CONDITIONS. CERTIFICATE HOLDER CANCELLATION MONRO - 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL MONROE COUNTY NOISE INSULATION PROGRAM (NIP) IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1100 SIMONTON STREET REPRESENTATIVES. AUTHO Z DREPRES TATIV KEY WEST FL 33040 ACORD 25 (2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.