HomeMy WebLinkAbout10/15/2025 Agreement GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: October 28, 2025
TO: Judith Clarke, PE, Director
Engineering/Roads & Bridges
Tyler Jackson, Project Manager
Engineering/Roads & Bridges
ATTN: Samantha Yeoman
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: October 15, 2025 BOCC Meeting
The following item has been executed and added to the record:
C3 Contract between Monroe County and General Asphalt Co. LLC for Construction
Services for the Mosquito Creek Bridge Replacement Project in the amount of$4,972,910.07.
This project is funded by a Local Agency Program, (LAP) grant from the Florida Department of
Transportation (FDOT) and Card Sound Toll funds.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
Made as of the 15Ih day of October in the year of Two Thousand and Twenty-Five
BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner)
And the Contractor: General Asphalt Co. LLC
4850 NW 72"d Avenue
Miami, FL 33166 ("Contractor")
For the following Project:
Card Sound Road at Mosquito Creek Bridge #904984
Financial Project ID 447770-1
Key Largo
Monroe County, Florida ("Project")
Oversight for Owner: RS&H, Inc.
17 Ships Way
Big Pine Key, Florida 33043
Engineer: Kisinger Campo & Associates
201 N. Franklin Street
Suite 400
Tampa, Florida 33602
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement. These form the Contract and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations,representations or agreements,
either written or oral.
Notice Requirement
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt
requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor:
General Asphalt Co. LLC
4850 NW 72"d Avenue
Miami, FL 33166
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner and the
Contractor with reference to the CARD SOUND ROAD AT MOSOUITO CREEK BRIDGE
#904984.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above,unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated
in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to
proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days
before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
548 days after the Date of Commencement, subject to adjustments of the Contract Time as provided
by the Contract Document.
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner's signature of approval on the Certificate of
Substantial Completion. The liquidated damages table below shall be utilized to determine the amount
of liquidated damages.
Original Contract Amount Daily Charge Per Calendar Day
$299,999 and under:........................................................$�(14
S300,000 but less than $2,0DO� OD,000..............................`1,685
S2,000,000 but less than $5,000,000...........................$2,C-67
5,0�O�O�,OO( 0, but less than $l O,000,000.........................$_?,8l_?
$10,000,000 but less, than $20,000,000.......................$5,021
$20,000,000 but less, than $40,000,000.......................$7,442
$40,000,000 and. over:...............$10,224 plus 0.00005 of any
amount over $40 mullion (Round to nearest whole dollar:)
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be
an extension of time on the Contract.
Uncontrollable Circumstance
3.3 Any delay or failure of either Parry to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such Parry's
control, without such Parry's fault or negligence and that by its nature could not have been foreseen by
such Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of
the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot,
or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
area of the Project; (e)actions, embargoes, or blockades in effect on or after the date of this Agreement;
(f) action by any governmental authority prohibiting work in the geographic area of the Project;(each,
a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost
or availability of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall give County
written notice within 7 days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects
of any Uncontrollable Circumstance are minimized and resume frill performance under this Agreement.
The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor
may only seek a no cost Change Order for such reasonable time as the Owners Representative may
determine.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE,the
Contract Sum of Four Million, Nine Hundred Seventy-Two Thousand,Nine Hundred and
Ten Dollars and Seven Cents, ($4,972,910.07), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment,the Owner shall make progress payments on account
of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on
the last day of the month.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida
Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the
Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the
entire Contract Sum among the various portions of the Work and be prepared in such form and
supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless
objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent
(5%). The public agency may withhold from each progress payment made to the contractor an amount
not exceeding 5% of the payment as retainage. Pending final determination of cost to the Owner of
changes in the Work, amounts not in dispute may be included in applications for Payment. The amount
of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions
and credits covering related Work or substitutions are involved in a change the allowance for overhead
and profit shall be figured on the basis of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered
and suitably stored at the site for subsequent incorporation in the completed construction (or, if
approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),
less retainage of Five percent(5%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add,upon Substantial Completion of the Work, a sum sufficient to increase the total payments
to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent
(150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of
the General Conditions as the Owner recommends and determines for incomplete work and
unsettled claims, including the assessment of liquidated damages: and
5.7.2 Within 20 business days after the list of incomplete work is created, the Owner must pay the
Contractor the remaining Contract Sum that includes all retainage previously withheld by the
Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the
incomplete Work(i.e., "punch" list items); and
5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
5.9 Change Order are subject to the provisions of the Contract Documents, including any
requirements or conditions applicable to this project due to grant agreements or other
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
requirements imposed by the awarding agency. All change orders are subject to approval
(concurrence) of FDOT, as the awarding agency.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the
General Conditions and to satisfy other requirements, if any, which necessarily survive final payment:
and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final
payment shall be made by the Owner not more than 20 days after the issuance of the Final Project
Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented by
other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735.
7.3 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes; Discriminatory Vendors; Antitrust Violator Vendors
Pursuant to Sections 287.133, 287.134 and 287.137, Florida Statutes, the following restrictions apply
to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator
vendor list:
Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crime may not submit a bid, proposal or reply on a contract to provide
any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids,
proposals, or replies on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction
or repair of a public building or public work; may not submit bids,proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business
with any public entity.
Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not submit
a bid,proposal, or reply on any contract to provide any good or services to a public entity; may not
submit a bid,proposal, or reply on any contract with a public entity for the construction or repair of a
public building or public work; may not submit a bid,proposal, or reply on leases of real property to
a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or
consultant under a contract with a public entity; and may not transact new business with a public
entity.
By signing this Agreement, Contractor represents that the execution of this Agreement
will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes) and has not been
placed on the convicted vendor list, the discriminatory vendor list, or antirust violator vendor list.
Violation of this section shall result in termination of this Agreement and recovery of all monies paid
hereto and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit,that it or any subcontractor has committed an act defined by Section 287.133,Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether Contractor
has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with
an act defined as a"public entity crime" or has been placed on the convicted vendor list,
discriminatory vendor list, or antitrust violator vendor list. A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to public entity, may not be awarded or perform work as contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
7.6 The following items are part of this contract:
a) Maintenance of Records: Contractor shall maintain all books,records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Record maintenance is five years
from closeout of this project. 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
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were
paid to Contractor.
b) Right to Audit:Availability ofRecords. The records of the parties to this Agreement
relating to the Project, which shall include but not be limited to accounting records
(hard copy, as well as computer readable data if it can be made available; subcontract
files (including proposals of successful and unsuccessful bidders,bid recaps,bidding
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by Owner to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in
Owner's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document (all foregoing
hereinafter referred to as "Records") shall be open to inspection and subject to audit
and/or reproduction by Owner's representative and/or agents of Owner. Owner may
also conduct verifications such as, but not limited to, counting employees at the job
site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven (7)years after Final Completion.
c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body
in Monroe County, Florida. This Agreement shall not be subject to arbitration.
d) 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.
e) 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 parry
relative to the enforcement or interpretation of this Agreement,the prevailing parry shall
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
be entitled to reasonable attorney's fees and court costs, as an award against the non-
prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
f) 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.
g) 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.
h) 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. Any conditions imposed as a result of funding that effect
the Project will be provided to each parry.
i) Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,this
Agreement automatically terminates without any further action on the part of any parry,
effective the date of the court order. CONTRACTOR and COUNTY agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, 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
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be
amended from time to time,relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis
of race, color, sex,religion,national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11)Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
Equal Employment Opportunity: The regulation at 41 C.F.R. § 60.1.4(b) requires,
except as otherwise provided or exempted in 41 C.F.R Part 60, that all contracts that
meet the definition of"federally assisted construction contract"in 41 CFR§ 60-1.3 must
include the equal opportunity clause as set forth below.
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, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided 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, sexual
orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's legal duty
to furnish information.
(4)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 the 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.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's 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 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or purchase order as the administering
agency 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
administering agency, the Contractor may request the United States to enter such
litigation to protect the interests of the United States.
The Applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the contract.
The Applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules,regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The Applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
In addition, the Applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refund occurred until satisfactory assurance
of future compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
j) 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.
k) 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. Contractor warrants that he/it
had not employed, retained or otherwise had act on his/its behalf any former County
officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the County may, in its discretion,terminate this
contract without liability and may also, in its discretion, deduct from the contract or
purchase price,or otherwise recover the full amount of any fee,commission,percentage,
gift, or consideration paid to the former County officer or employee.
1) 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.
m) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records,papers, letters
or other"public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
prevailing parry, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records,provide the County with
a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request, and the Contractor
must provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the
public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under sectionl 19.10, Florida Statutes.
The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408,
KEY WEST, FL 33040, l icrcc r sLa-) r cc t - . v, (305) 292-3470
n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
o) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of
the County.
p) 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, exceptto the extent permitted by the Florida constitution, state statute, and case
law.
q) 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.
r) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and
a Drug-Free Workplace Statement.
s) 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
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
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.
t) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
u) 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.
v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
Proj ect.
w) Hold Harmless and Indemnification:
1) Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees, and
FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against(i) claims,
actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings,
or other proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and(iii) costs or expenses that may be asserted against,
initiated with respect to, or sustained by the County and the COUNTY's elected and
appointed officers and employees from liabilities damages, losses and costs, including but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by
the indemnifying party in the performance of the construction contract. The monetary
limitation of liability under this contract shall be not less than $1 million per occurrence
pursuant to F. S. 725.06,unless otherwise agreed to by the parties. Insofar as the claims,
actions, causes of action, litigation,proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
2) In the event the completion of the project(including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
3) The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within General Insurance Requirements Section 900. In the
event any claims are brought or actions are filed against the County with respect to the
indemnity contained herein, the Contractor agrees to defend against any such claims or
actions regardless of whether such claims or actions are rightfully or wrongfully brought or
filed. The Contractor agrees that the County may select the attorneys to appear and defend
such claims or actions on behalf of the County. The Contractor further agrees to pay at the
Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
County to appear and defend such actions or claims on behalf of the County at both the trial
and appellate levels. The County at its sole option, shall have the sole authority for the
direction of the defense, and shall be the sole judge of the acceptability of any compromise or
settlement of any claims or actions against the County.
4) To the extent provided by law, CONTRACTOR shall indemnify, defend, and hold harmless the
Monroe County and the State of Florida, Department of Transportation, including the
Department's officers, agents, and employees, against any actions, claims, or damages arising
out of, relating to, or resulting from negligent or wrongful act(s) of CONTRACTOR, or any of
its officers, agents, or employees, acting within the scope of their office or employment, in
connection with the rights granted to or exercised by CONTRACTOR.
The foregoing indemnification shall not constitute a waiver of the Department's or Monroe
County's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28.
Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify
Monroe County for the negligent acts or omissions of Monroe County, its officers, agents, or
employees, or third parties. Nor shall the same be construed to constitute agreement by
CONTRACTOR to indemnify the Department for the negligent acts or omissions of the
Department, its officers, agents, or employees, or third parties. This indemnification shall
survive the termination of this Agreement
5) CONTRACTOR agrees to include the following indemnification in all contracts with
subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of
the below indemnification)who perform work in connection with this Agreement:
"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
Monroe County and the State of Florida, Department of Transportation, including the
Department's officers, agents, and employees, against any actions, claims, or damages arising
out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its
officers, agents, or employees, acting within the scope of their office or employment, in
connection with the rights granted to or exercised by [ENTITY].
The foregoing indemnification shall not constitute a waiver of the Department's or Monroe
County's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28.
Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify Monroe
County for the negligent acts or omissions of Monroe County, its officers, agents, or employees,
or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to
indemnify the Department for the negligent acts or omissions of the Department, its officers,
agents, or employees, or third parties. This indemnification shall survive the termination of this
Agreement."
x) 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. The CONTRACTOR and
COUNTY Representative shall try to resolve the claim or dispute with meet and confer
sessions. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This Agreement is not subject to arbitration. This
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
provision does not negate or waive the provisions of paragraph x or Article 8.1
concerning termination or cancellation.
y) Cancellation: In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking,maintenance,repair, or service,the County shall have the
right to terminate this agreement after five days written notification to the Contractor.
z) 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 parry to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General Insurance
Requirements for Construction Contractors and Subcontractors. The Contractor shall
name the Monroe County Board of County Commissioners and Florida Department of
Transportation, its employees and officials as "Additional Insured"on all policies except
for Worker's Compensation.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assignor subcontract its obligations under this
agreement,except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County, which approval shall be subject to such conditions and provisions as the Board
may deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
Agreement. Subject to the provisions of the immediately preceding sentence, each parry hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other parry.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third parry.
7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all
the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder,
and the assurance by the CONTRACTOR pursuant thereto.
7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the
Contractor and any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all
new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an
unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095
7.12 Ownership of the Project Documents: The documents prepared by the CONTRACTOR for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the CONTRACTOR.
7.13 Successors and Assigns: The CONTRACTOR shall not assign or subcontract its obligations
under this agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, which approval shall be subject to such conditions and provisions
as the Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of
this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other parry.
7.15 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third parry.
7.16 The CONTRACTOR will provide copies of subcontractor agreements prior to execution to
ensure that the contract provisions are included in these subcontractor agreements. All subcontractor
agreements to be entered in FDOT EOC program to be in compliance with DBE program.
7.17 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
Compliance with FHWA 1273: The FHWA-1273 Electronic version, dated October 23, 2023 is
posted on the Department's website at the following URL address
i�ttp www f]iwa cat.,=2. /Cotist:rLictioti/c,,it/for�i1273.cfnn and included as Attachment A.
Take responsibility to obtain this information and comply with all requirements posted on this
website up through five calendar days before the opening of bids.
Comply with the provisions contained in FHWA-1273.
If the Department's website cannot be accessed, contact the Department's
Specifications Office Web Coordinator at(850) 414-4101.
Wage Rates for Federal-Aid Projects. For this Contract,payment of predetermined minimum wages
applies. The U.S. Department of Labor(USDOL) Wage Rates applicable to this Contract are listed in
Attachment B Davis Bacon Wage Rates, as modified up through ten days prior to the opening of
bids. Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of
Construction website and ensure that employees receive the minimum compensation applicable.
Review the General Decisions for all classifications necessary to complete the project. Request
additional classifications through the Engineer's office when needed. For guidance on the requirements
for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance
and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of
Construction website. Questions regarding wage rates and the applicability of wage tables should be
submitted in accordance with Section 00100 Instruction to Bidders.
7.18 The CONTRACTOR and its subcontractors must follow the provisions as set forth in 2 C.F.R.
§200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended including but not
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
limited to:
1. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, the Federal
Water Pollution Control Act as amended, and the National Environmental Policy Act (NEPA).
Violations must be reported to FDOT, the Federal awarding agency, FEMA, and the Regional Office
of the Environmental Protection Agency (EPA), as needed.
2. Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance
with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The current prevailing
wage determination issued by the Department of Labor is included and attached as Attachment B.
The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations
to the Federal awarding agency.
All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-(11).
All applicable contractors must include these provision in full in any subcontracts.
(a)Required contract clauses. The Agency head will cause or require the contracting officer to
require the contracting officer to insert in full, or(for contracts covered by the Federal Acquisition
Regulation (48 CFR chapter 1))by reference, in any contract in excess of$2,000 which is entered
into for the actual construction, alteration and/or repair, including painting and decorating, of a public
building or public work, or building or work financed in whole or in part from Federal funds or in
accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any
contract of a Federal agency to make a loan, grant or annual contribution (except where a different
meaning is expressly indicated), and which is subject to the labor standards provisions of any of the
laws referenced by 5.1, the following clauses (or any modifications thereof to meet the particular
needs of the agency,Provided, That such modifications are first approved by the Department of
Labor):
(1)Minimum wages
(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the
site of the work(or otherwise working in construction or development of the project under a
development statute), will be paid unconditionally and not less often than once a week, and
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
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 basic hourly 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. As provided in paragraphs (d) and(ee,)of this section, the
appropriate wage determinations are effective by operation of law even if they have not been
attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe
benefits under the Davis-Bacon Act(40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph
a 1 v of this section; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly)under plans, funds, or programs which cover
the particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification(s) of work actually performed, without
regard to skill, except as provided in paragraph (a)(4) of this section. Laborers or mechanics
performing work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classifications and wage rates conformed
under paragraph (a)(1)(iii) of this section) and the Davis-Bacon poster(WH-1321) must be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii)Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been determined to be prevailing
under the procedures set forth in 29 CFR part 1, a wage determination may contain,pursuant
to 1.3 , wage and fringe benefit rates for classifications of laborers and mechanics for
which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this
section,provided that:
(1) The work performed by the classification is not performed by a classification in the
wage determination for which a prevailing wage rate has been determined;
(2) The classification is used in the area by the construction industry; and
(3) The wage rate for the classification bears a reasonable relationship to the prevailing
wage rates contained in the wage determination.
(B) The Administrator will establish wage rates for such classifications in accordance with
paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be
paid at no less than the wage and fringe benefit rate listed on the wage determination for such
classification.
(iii) Conformance.
(A) The contracting officer must require that any class of laborers or mechanics, including
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
helpers, which is not listed in the wage determination and which is to be employed under the
contract be classified in conformance with the wage determination. Conformance of an
additional classification and wage rate and fringe benefits is appropriate only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is used in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) The conformance process may not be used to split, subdivide, or otherwise avoid
application of classifications listed in the wage determination.
(C) 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 will be sent by the contracting officer by email to
DBAconformance(a�doLgov. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D) In the event the contractor, 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 will, by email to DBAconformance(a�doLgov, 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 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that additional time is necessary.
(E) The contracting officer must promptly notify the contractor of the action taken by the
Wage and Hour Division under paragraphs (a)(1)(iii)(C) and(D) of this section. The
contractor must furnish a written copy of such determination to each affected worker or it
must be posted as a part of the wage determination. The wage rate (including fringe benefits
where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or LIDA of this section must
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.
(iv) Fringe benefits not expressed as an hourly rate. 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 may either pay the benefit as stated in the wage
determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(v) Unfunded plans. 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
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
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, in
accordance with the criteria set forth in 5.28 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.
(vi)Interest. In the event of a failure to pay all or part of the wages required by the contract, the
contractor will be required to pay interest on any underpayment of wages.
(2) Withholding
(i) Withholding requirements. The [write in name of Federal agency or the recipient of Federal
assistance] may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for the full amount of wages and
monetary relief, including interest, required by the clauses set forth in paragraph(a) of this
section for violations of this contract, or to satisfy any such liabilities required by any other
Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is
held by the same prime contractor(as defined in § 5.2). The necessary funds may be withheld
from the contractor under this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is subject to Davis-Bacon labor
standards requirements and is held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency, and such funds may be used to
satisfy the contractor liability for which the funds were withheld. In the event of a contractor's
failure to pay any laborer or mechanic, including any apprentice or helper working on the site of
the work(or otherwise working in construction or development of the project under a
development statute) all or part of the wages required by the contract, or upon the contractor's
failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section, the
[Agency] may on its own initiative and after written notice to the contractor, sponsor, applicant,
owner, or other entity, as the case may be, 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.
(ii)Priority to withheld funds. The Department has priority to funds withheld or to be withheld
in accordance with paragraph (a)(2)(i) orb 3 i of this section, or both, over claims to those
funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(3)Records and certified payrolls
(i)Basic record requirements
(A)Length of record retention. All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and
preserved for all laborers and mechanics working at the site of the work (or otherwise
working in construction or development of the project under a development statute) for a
period of at least 3 years after all the work on the prime contract is completed.
(B)Information required. Such records must contain the name; Social Security number; last
known address, telephone number, and email address of each such worker; each worker's
correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and
weekly number of hours actually worked in total and on each covered contract; deductions
made; and actual wages paid.
(C)Additional records relating to fringe benefits. Whenever the Secretary of Labor has
found under paragraph(a)(1)(y) of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
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 cost incurred in providing such benefits.
(D)Additional records relating to apprenticeship. Contractors with apprentices working
under approved programs must maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios and wage rates prescribed in the
applicable programs.
(ii) Certified payroll requirements
(A)Frequency and method of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-covered work is performed,
certified payrolls to the [write in name of appropriate Federal agency] if the agency is a party
to the contract, but if the agency is not such a parry, the contractor will submit the certified
payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains
such records, for transmission to the [write in name of agency]. The prime contractor is
responsible for the submission of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors to submit certified payrolls
through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the
Department of Labor to access the certified payrolls upon request for at least 3 years after the
work on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is unable or
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
limited in its ability to use or access the electronic system.
(B)Information required. The certified payrolls submitted must set out accurately and
completely all of the information required to be maintained under paragraph (a)(3)(i)(B) of
this section, except that full Social Security numbers and last known addresses, telephone
numbers, and email addresses must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying number for each worker(e.g.,
the last four digits of the worker's Social Security number). The required weekly certified
payroll information may be submitted using Optional Form WH-347 or in any other format
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dol oovv/files/WHD/legaacE/iles/wh3471..pdfor its
successor website. It is not a violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last known addresses, telephone
numbers, and email addresses to the prime contractor for its own records, without weekly
submission by the subcontractor to the sponsoring government agency (or the applicant,
sponsor, owner, or other entity, as the case may be, that maintains such records).
(C)Statement of Compliance. Each certified payroll submitted must be accompanied by a
"Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or
subcontractor's agent who pays or supervises the payment of the persons working on the
contract, and must certify the following:
(1) That the certified payroll for the payroll period contains the information required to be
provided under paragraph (a)(3)(ii) of this section, the appropriate information and basic
records are being maintained under paragraph(a)(3)(i) of this section, and such information
and records are correct and complete;
(2) That each laborer or mechanic (including each helper and apprentice)working on the
contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in 29
CFR part 3; and
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification(s) of work actually performed, as
specified in the applicable wage determination incorporated into the contract.
(D) Use of Optional Form WH-347. The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 will satisfy the
requirement for submission of the "Statement of Compliance"required by paragraph
(a)(3)(ii)(C) of this section.
(E)Signature. The signature by the contractor, subcontractor, or the contractor's or
subcontractor's agent must be an original handwritten signature or a legally valid electronic
signature.
(F)Falsification. The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
(G)Length of certified payroll retention. The contractor or subcontractor must preserve all
certified payrolls during the course of the work and for a period of 3 years after all the work
on the prime contract is completed.
(iii) Contracts, subcontracts, and related documents. The contractor or subcontractor must
maintain this contract or subcontract and related documents including, without limitation, bids,
proposals, amendments, modifications, and extensions. The contractor or subcontractor must
preserve these contracts, subcontracts, and related documents during the course of the work and
for a period of 3 years after all the work on the prime contract is completed.
(iv)Required disclosures and access
(A)Required record disclosures and access to workers. The contractor or subcontractor must
make the records required under paragraphs (a)(3)(i) through jD of this section, and any
other documents that the [write the name of the agency] or the Department of Labor deems
necessary to determine compliance with the labor standards provisions of any of the
applicable statutes referenced by 5.1, available for inspection, copying, or transcription by
authorized representatives of the [write the name of the agency] or the Department of Labor,
and must permit such representatives to interview workers during working hours on the job.
(B)Sanctions for non-compliance with records and worker access requirements. If the
contractor or subcontractor fails to submit the required records or to make them available, or
refuses to permit worker interviews during working hours on the job, the Federal agency may,
after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case
may be, that maintains such records or that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for
debarment action pursuant to 5.12. In addition, any contractor or other person that fails to
submit the required records or make those records available to WHD within the time WHD
requests that the records be produced will be precluded from introducing as evidence in an
administrative proceeding under 29 CFR part 6 any of the required records that were not
provided or made available to WHD. WHD will take into consideration a reasonable request
from the contractor or person for an extension of the time for submission of records. WHD
will determine the reasonableness of the request and may consider, among other things, the
location of the records and the volume of production.
(C)Required information disclosures. Contractors and subcontractors must maintain the full
Social Security number and last known address, telephone number, and email address of each
covered worker, and must provide them upon request to the [write in name of appropriate
Federal agency] if the agency is a parry to the contract, or to the Wage and Hour Division of
the Department of Labor. If the Federal agency is not such a parry to the contract, the
contractor, subcontractor, or both, must, upon request,provide the full Social Security number
and last known address, telephone number, and email address of each covered worker to the
applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for
transmission to the [write in name of agency], the contractor, or the Wage and Hour Division
of the Department of Labor for purposes of an investigation or other compliance action.
(4)Apprentices and equal employment opportunity
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
(i)Apprentices
(A)Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for
the work they perform when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship
Agency recognized by the OA. A person who is not individually registered in the program,
but who has been certified by the OA or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice, will be permitted to work at less
than the predetermined rate for the work they perform in the first 90 days of probationary
employment as an apprentice in such a program. In the event the OA or a State
Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to use apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(B)Fringe benefits. Apprentices must 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, fringe benefits must be paid in
accordance with that determination.
(C)Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site
in any craft classification must not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of the
project pursuant to paragraph(a)(4)(i)(D) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated in paragraph
(a)(4)(i)(A) of this section, must 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 this section must be
paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(D)Reciprocity of ratios and wage rates. Where a contractor is performing construction on a
project in a locality other than the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the
locality in which the construction is being performed must be observed. If there is no
applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in
the contractor's registered program must be observed.
(ii)Equal employment opportunity. The use of apprentices and journeyworkers under this part
must be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) 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.
(6)Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
contained in paragraphs (a)(1)through 11 of this section, along with the applicable wage
determination(s) and such other clauses or contract modifications as the [write in the name of the
Federal agency] may by appropriate instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any lower tier subcontracts. The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with
all the contract clauses in this section. In the event of any violations of these clauses, the prime
contractor and any subcontractor(s)responsible will be liable for any unpaid wages and monetary
relief, including interest from the date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and may be subject to debarment, as appropriate.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and 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.
(9)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 or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it 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 40 U.S.C. 3144(b) or § 5.12(a).
(ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and
Criminal Procedure, 18 U.S.C. 1001.
(11)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any
other manner discriminate against, any worker or job applicant for:
(i)Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding
under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
(iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29
CFR part 1 or 3.
(b) Contract Work Hours and Safety Standards Act(CWHSSA). The Agency Head must cause or
require the contracting officer to insert the following clauses set forth in paragraphs (b)(1)through
of this section in full, or(for contracts covered by the Federal Acquisition Regulation)by
reference, in any contract in an amount in excess of$100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in
addition to the clauses required by paragraph (a) of this section or 29 CFR 4.6. As used in this
paragraph (b), the terms "laborers and mechanics" include watchpersons and guards.
(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 in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such 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(b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages and interest from the date of the
underpayment. 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 watchpersons and guards,
employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$33
for each calendar day on which such individual was required or permitted 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(b)(1).
(3) Withholding for unpaid wages and liquidated damages
(i) Withholding process. The [write in the name of the Federal agency or the recipient of
Federal assistance] may, upon its own action, or must, upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor
so much of the accrued payments or advances as may be considered necessary to satisfy the
liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief,
including interest; and liquidated damages required by the clauses set forth in this paragraph(b)
on this contract, 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 that is
held by the same prime contractor(as defined in 5.2). The necessary funds may be withheld
from the contractor under this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is subject to the Contract Work Hours
and Safety Standards Act and is held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency, and such funds may be used to
satisfy the contractor liability for which the funds were withheld.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
(ii)Priority to withheld funds. The Department has priority to funds withheld or to be withheld
in accordance with paragraph (a)(2)(i) orb 3 i of this section, or both, over claims to those
funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4)Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set
forth in paragraphs (b)(1)through t5j of this section and a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1)through(5). In the event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief,
including interest from the date of the underpayment or loss, due to any workers of lower-tier
subcontractors, and associated liquidated damages and may be subject to debarment, as
appropriate.
(5)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any
other manner discriminate against, any worker or job applicant for:
(i)Notifying any contractor of any conduct which the worker reasonably believes constitutes a
violation of the Contract Work Hours and Safety Standards Act(CWHSSA) or its
implementing regulations in this part;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection under
CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding
under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.
(c) CWHSSA required records clause. In addition to the clauses contained in paragraph (b) of this
section, in any contract subject only to the Contract Work Hours and Safety Standards Act and not
to any of the other laws referenced by 5.1, the Agency Head must cause or require the contracting
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
officer to insert a clause requiring that the contractor or subcontractor must maintain regular
payrolls and other basic records during the course of the work and must preserve them for a period
of 3 years after all the work on the prime contract is completed for all laborers and mechanics,
including guards and watchpersons, working on the contract. Such records must contain the name;
last known address, telephone number, and email address; and social security number of each such
worker; each worker's correct classification(s) of work actually performed; hourly rates of wages
paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid.
Further, the Agency Head must cause or require the contracting officer to insert in any such
contract a clause providing that the records to be maintained under this paragraph must be made
available by the contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the (write the name of agency) and the Department of Labor, and the contractor
or subcontractor will permit such representatives to interview workers during working hours on the
job.
(d)Incorporation of contract clauses and wage determinations by reference. Although agencies
are required to insert the contract clauses set forth in this section, along with appropriate wage
determinations, in full into covered contracts, and contractors and subcontractors are required to
insert them in any lower-tier subcontracts, the incorporation by reference of the required contract
clauses and appropriate wage determinations will be given the same force and effect as if they were
inserted in full text.
(e)Incorporation by operation of law. The contract clauses set forth in this section(or their equivalent
under the Federal Acquisition Regulation), along with the correct wage determinations, will be
considered to be a part of every prime contract required by the applicable statutes referenced by 5.1
to include such clauses, and will be effective by operation of law, whether or not they are included or
incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or
exemption from the application of this paragraph. Where the clauses and applicable wage
determinations are effective by operation of law under this paragraph, the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which
includes all Federal-aid construction contracts in any amount in excess $100,000, all contracts
awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(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 in
any workweek in which he or she is employed on such work to work in excess
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
of forty hours in such workweek unless such 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 29 C.F.R. § 5.5(b)(1)the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment. 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 watchpersons and guards, employed in
violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of
$32 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1).
(3) Withholding for unpaid wages and liquidated damages.
(i) Withholding Process. The recipient or subrecipients may upon its own action, or
must upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor so much of the accrued payments or
advances as may be considered necessary to satisfy the liability of the prime contractor or
any subcontractors for any unpaid wages, monetary relief, including interest; and liquidated
damages required by the clauses set forth in this paragraph(b) on this contract, 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 that is held by the same prime
contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor
under this contract, any other federal contract with the same prime contractor, or any other
federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy the contractor
liability for which the funds were withheld.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be
withheld in accordance with paragraph(a)(2)(i) or(b)(3)(i) of this section, or both, over
claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and
payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a
contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.,
(4) Subcontracts. The contractor or subcontractor must insert in any
subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through (5) and a clause
requiring the subcontractors 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 29 C.F.R. § 5.5 (b)(1)through(5). In the event of any violations of these
clauses, the prime contractor, and any subcontractor(s)responsible will be liable for any unpaid
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
wages and monetary relief, including interest from the date of the underpayment or loss, due to any
workers of lower-tier subcontractors, and associated liquidated damages and may be subject to
debarment, as appropriate.
(5)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any
other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes
a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise
asserting or seeking to assert on behalf of themselves or others any right or protection
under CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any
proceeding under CWHSSA or this part; or
(iv)Informing any other person about their rights under CWHSSA or this part.
Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The contractor or subcontractor must maintain regular payrolls and other basic records
during the course of the work and must preserve them for a period of three years after all the
work on the prime contract is completed for all laborers and mechanics, including guards and
watchpersons, working on the contract. Such records must contain the name; last known
address, telephone number, and email address; and social security number of each such worker;
each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and
weekly number of hours actually worked; deductions made; and actual wages paid.
(2) Records to be maintained under this provision must be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the
Department of Homeland Security, the Federal Emergency Management Agency, and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview workers during working hours on the job.
Wage Rates for Federal-Aid Projects (Section 7-16 of FDOT specifications).
For this Contract,payment of predetermined minimum wages applies.
The U.S. Department of Labor(USDOL) Wage Rates applicable to this Contract are listed in
Attachment B: Davis Bacon Wage Rates, as modified up through ten days prior to the opening of
bids.
Obtain the applicable General Decision(s) (Wage Tables)through the Department's Office of
Construction website and ensure that employees receive the minimum compensation applicable.
Review the General Decisions for all classifications necessary to complete the project. Request
additional classifications through the Engineer's office when needed.
For guidance on the requirements for the payment of wages and benefits and the submittal of
certified payrolls, and for general guidance and examples of multiple wage rates when assigned to
a Contract, refer to the Department's Office of Construction website. Questions regarding wage
rates and the applicability of wage tables should be submitted in accordance with 2-4.
3. Clean Air Act: The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The contractor agrees to report each violation to the COUNTY and understands and agrees that
the COUNTY will, in turn,report each violation as required to assure notification to the Federal
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with federal assistance provided by FHWA or other Federal
Awarding Agency.
Federal Water Pollution Control Act
The contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the COUNTY and understands and agrees that
the COUNTY will, in turn, report each violation as required to assure
notification to the (FDEM or other pass-through entity, if applicable), Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with federal assistance provided by FHWA or other Federal
Awarding Agency.
4. Debarment and Suspension: This contract is a covered transaction for purposes of 2
C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none
of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2
C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart
C, and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters.
This certification is a material representation of fact relied upon by COUNTY. If it is later
determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R.
Part 3000, subpart C, in addition to remedies available to COUNTY, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2
C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
5. Byrd Anti-Lobbying Amendment: Contractors who apply or bid for an award of more than
$100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has
not used federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or employee of
Congress, or an employee of a Member of Congress in connection with obtaining any federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are
forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the federal
agency.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
6. Compliance with Procurement of recovered materials: In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired
a)Competitively within a timeframe providing for compliance with the contract performance schedule;
b) Meeting contract performance requirements; or
c) At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to
comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
The Contactor should,to the greatest extent practicable and consistent with the law,purchase, acquire,
or use products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable.
7. The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the CONTRACTOR during
the term of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
7.19 CONTRACTOR Purchase Equipment for Local Ownership: in accordance with the
provisions of 23 CFR 140 the CONTRACTOR will not purchase equipment for County ownership.
7.20 Certification of Disclosure of Lobbying Activities: Executed copies of FDOT Certification
for Disclosure of Lobbying Activities on Federal Aid Contracts form 375-030-33 and Disclosure of
Lobbying Activities Form 375-030-34 that were submitted with CONTRACTOR Bid Proposal are
included in the contract.
7.21 Statement of No Conflict: Neither the COUNTY nor any of its CONTRACTORS or their
subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project
or any property included or planned to be included in the Project in which any member, officer or
employee of the COUNTY or the locality during tenure or for 2 years thereafter has any interest, direct
or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed
to the COUNTY, the COUNTY, with prior approval of the Department, may waive the prohibition
contained in this paragraph provided that any such present member, officer or employee shall not
participate in any action by the COUNTY or the locality relating to such contract, subcontract or
arrangement. The COUNTY shall insert in all contracts entered into in connection with the Project or
any property included or planned to be included in any Project, and shall require its CONTRACTORS
to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the COUNTY or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the COUNTY and
its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled
by a governmental agency.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
7.22 Compliance with Procurement of recovered materials: In the performance of this contract,the
Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired
a)Competitively within atimeframe providing for compliance with the contract performance schedule;
b) Meeting contract performance requirements; or
c) At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to
comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
The Contactor should,to the greatest extent practicable and consistent with the law,purchase, acquire,
or use products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable.
7.23 Prohibition on certain telecommunications and video surveillance services or equipment:
Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as defined in
and as applicable as set forth in FAR 52.204-25(a)Definitions. As used in this clause
Backhaul means intermediate links between the core network, or backbone network, and the small
subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone
network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable,
Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation
(or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate
of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director
of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the
International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal
Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the
Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal
Regulations, and controlled-
(i)Pursuant to multilateral regimes, including for reasons relating to national security, chemical and
biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
(3) Specially designed and prepared nuclear equipment,parts and components,materials,software, and
technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to
foreign atomic energy activities);
(4)Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of
title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control
Reform Act of 2018 .5. ......-1.... ............48: 1._7.
Interconnection arrangements means arrangements governing the physical connection of two or more
networks to allow the use of another's network to hand off traffic where it is ultimately delivered(e.g.,
connection of a customer of telephone provider A to a customer of telephone company B) or sharing
data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession
about the identity of the producer or provider of covered telecommunications equipment or
services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited
network when unable to connect to the facilities of the home network either because signal coverage is
too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or
performance of a piece of equipment, system, or service.
(b)Prohibitions.
1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019,
Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after
Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee
funds on certain telecommunications products or from certain entities for national security reasons.
2)Unless an exception in paragraph(c) of this clause applies,the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
ii. Enter, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as
critical technology as part of any system; or
iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c)Exceptions.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
1) This clause does not prohibit contractors from providing
i. A service that connects to the facilities of a third-parry, such as backhaul,roaming, or interconnection
arrangements; or
ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into
any user data or packets that such equipment transmits or otherwise handles.
2) By necessary implication and regulation, the prohibitions also do not apply to:
i. Covered telecommunications equipment or services that:
a. Are not used as a substantial or essential component of any system; and
b. Are not used as critical technology of any system.
ii. Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
3)Reporting requirement.
1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient,unless elsewhere in this contract are established procedures for reporting the information.
2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
i. Within one business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier
unique entity identifier(if known); supplier Commercial and Government Entity
(CAGE) code (if known); brand; model number (original equipment
manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions
undertaken or recommended.
ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of
this clause: Any further available information about mitigation actions
undertaken or recommended.In addition,the contractor shall describe the efforts
it undertook to prevent use or submission of covered telecommunications
equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e),
in all subcontracts and other contractual instruments.
7.24 Domestic preference for procurements as set forth in 2 CFR §200.322 The CONTRACTOR
should,to the great extent practicable and consistent with the law,provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States. This includes but is
not limited to iron, aluminum, steel, cement, and other manufactured products.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States.
7.25 Build America, Buy America Act(BABAA) Contractors and their subcontractors who apply
or bid for an award for an infrastructure project subject to the domestic preference requirement in the
Build America, Buy America Act shall file the required certification to COUNTY with each bid or
offer for an infrastructure project, unless a domestic preference requirement is waived by FHWA or
other Federal Awarding Agency. Contractors and subcontractors certify that no federal financial
assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured
projects, and construction materials used in the project are produced in the United States. BABAA,
Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of
federal financial assistance for infrastructure projects that does not ensure compliance with BABAA
domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn,
will forward the disclosures to FHWA, the federal agency; subrecipients will forward disclosures to
the passthrough entity, who will, in turn, forward the disclosures to FHWA or other Federal
Awarding Agency.
For FHWA financial assistance programs or other federally funded programs subject to BABAA,
contractors and subcontractors must sign and submit the BABAA certification to the next tier(e.g.,
subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an
infrastructure project that has not been waived by a BABAA waiver.
7.26 The follow items will not be allowed in this contract:
1. CONTRACTOR Purchased Equipment for State or Local Ownership -Per 23 CFR 140/
2 CFR 200.313 and 23 U.S.C. 302.
2. State of Florida or other locally produced materials. Preference program mandating
materials purchasing requirements or restrictions are not allowed. Per 23 CFR 635.409
3. Public Agencies in Competition with the Private Sector Per 23 CFR 635.112(e),
4. Publicly owned Equipment -Per 23 CFR 635.106,
5. State/Local Owned/Furnished Designated Materials Per 23 CFR 635.407 Note: Local
Agency tax savings programs are will not be allowed.
6. Local/State Hiring Preferences Per 23 CFR 635.117) and 23 CFR 635.112(d). No
Preference programs. Examples include in-state or local business; location of
CONTRACTOR; limitations in business enterprises; local economic development hiring
practices or programs; targeted hiring practices or programs (e.g., homeless, welfare-to-work,
veterans); or exclusionary business preferences not based on federal sanctions.
7. Patented/Proprietary/Sole Sources Materials will not be allowed on this contract. 337.02
F.S.
8. Incentive/Disincentive Clauses. The Agency has elected not to use incentive/disincentive
clauses in this proposal. Per 23 CFR 635.127 (d & f).
9. Indian Preference on Federal Aid Projects (Labor & Employment) is not allowed on this
contract. Per 23 CFR 635.117(e).
10. Owner Force Account Contracting Per 23 CFR 635 Subpart B & 255.20 F.S.
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
11. Foreign CONTRACTOR and Supplier Restrictions. Agency will not limit this proposal to
domestic owned CONTRACTORS only. Per 49 CFR 30
12. Inspector General - "It is the duty of every state officer, employee, agency, special district
board, commission, contractor, and sub-contractor to cooperate with the inspector in any
investigation, audit, inspection, review or hearing to pursuant to this section. "
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of
the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,
are enumerated as follows: See Article 1
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated June 2025 and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3,
and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date
is shown below:
Card Sound Road at Mosquito Creek 4904984 Financial Project ID 447770-1
Roadway Plans, Kisinger Campo & Associates, 56 Sheets, October 2024
Signing & Pavement Marking Plans, Kisinger Campo & Associates, 6 Sheets, October 2024
Structure Plans, Kisinger Campo & Associates, 95 Sheets, October 2024
9.1.6 The Addenda, if any, are as follows:
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless
the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe
County Bid Form in Section 00110.
REMAINDER OF PAGE LEFT
INTENTIONALLY BLANK
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
•
•
IN•WITNESS WHEREOF the •parties hereto have executed this Agreement on the day:and date'first: : • ••
written .above .in counterparts,:•each of which shall,: without proof :or accounting :for the other. • ••
. • counterparts, be deemed an original contract. • : . '
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tober 2025.: - STANDARD FORM OF AGREEMENT'BETWEEN•OWNER AND CONTRACTOR 00500 : :'
SECTION 00300
SCOPE OF WORK
1. GENERAL SCOPE
1.1 The Scope of Work shall include,but not be limited to,all work shown and listed in the
Project Drawings and Project Manual. The Contractor is required to provide a
complete job as contemplated by the drawings and specifications, which are a part of
this bid package.
1.2 The Scope of Work consists of the replacement of Mosquito Creek Bridge
#904984 on Card Sound Road (CR 905A) to include phased construction of
three span bridges supported by end bents with wrap around retaining walls and other
construction as shown on the Drawings and included in the Technical
Specifications. Work for both projects will proceed concurrently. The Project
is partially funded by a Local Agency Program (LAP) grant through FDOT,
and contractor will adhere to applicable requirements.
1.3 Provide all labor,supervision,materials, supplies,equipment,tools,construction
equipment,transportation, inspection, and proper execution and completion of all Work
as specified in the Project Manual included in this Bid Package.
END OF SECTION 00300
June 2025 SCOPE OF WORK 000300
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Attachment A: FHWA 1273- Federal Aid Construction Contracts
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
FHWA-1273—Revised October 23,2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
performed on the contract by the contractor's own organization
I. General and with the assistance of workers under the contractor's
II. Nondiscrimination immediate superintendence and to all work performed on the
III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23
IV. Davis-Bacon and Related Act Provisions CFR 633.102(d).
V. Contract Work Hours and Safety Standards Act
Provisions 3. A breach of any of the stipulations contained in these
VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for
VII. Safety:Accident Prevention withholding of progress payments,withholding of final
VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment
IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the
Pollution Control Act contracting agency and FHWA.
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract,
XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose
Lobbying within the limits of a construction project on a Federal-aid
XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on
parole,supervised release,or probation. 23 U.S.C. 114(b).
ATTACHMENTS The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a).
Development Highway System or Appalachian Local Access
Road Contracts(included in Appalachian contracts only)
II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part
230, Subpart A,Appendix A; EO 11246)
I. GENERAL
The provisions of this section related to 23 CFR Part 230,
1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid
construction contract funded under title 23, United States construction contracts and to all related construction
Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR
emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or
contractor(or subcontractor)must insert this form in each architectural service contracts.
subcontract and further require its inclusion in all lower tier
subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply
and other agreements for supplies or services). 23 CFR with the following policies: Executive Order 11246,41 CFR
633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794),
The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C.
incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts
order, rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633.
prime contractor shall be responsible for compliance by any
subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the
CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b)and,for all construction contracts exceeding$10,000,
Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity
build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3.
subcontracts(excluding subcontracts for design services,
purchase orders,rental agreements and other agreements for Note:The U.S. Department of Labor has exclusive authority to
supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the
design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60,
subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the
solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C. 794),and
however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C.
incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts
lower-tier subcontracts(excluding purchase orders, rental 21,26,and 27;and 23 CFR Parts 200,230,and 633.
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230,
Subpart A,Appendix A,with appropriate revisions to conform
2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor(US DOL)and FHWA
sections,these contract provisions shall apply to all work requirements.
1
1.Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO
Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees,
take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees.
under laws,executive orders,rules,regulations(see 28 CFR
Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to
Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of
Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or
imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means.
and specific affirmative action standards for the contractor's
project activities under this contract.The provisions of the 4. Recruitment: When advertising for employees,the
Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the
seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: "An Equal Opportunity Employer." All such
are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large
of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from
following minimum specific requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of
potential minority group employees and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the
sexual orientation,gender identity,color, national origin,age contractor is expected to observe the provisions of that
or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's
upgrading,demotion,or transfer; recruitment or recruitment compliance with EEO contract provisions. Where
advertising; layoff or termination; rates of pay or other forms implementation of such an agreement has the effect of
of compensation;and selection for training,including discriminating against minorities or women,or obligates the
apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates
training." Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to
known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment.
the responsibility for and must be capable of effectively Information and procedures with regard to referring such
administering and promoting an active EEO program and who applicants will be discussed with employees.
must be assigned adequate authority and responsibility to do
so. 5. Personnel Actions:Wages,working conditions,and
employee benefits shall be established and administered,and
3. Dissemination of Policy:All members of the contractor's personnel actions of every type, including hiring,upgrading,
staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be
discharge employees,or who recommend such action or are taken without regard to race,color,religion,sex,sexual
substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability.
cognizant of and will implement the contractor's EEO policy The following procedures shall be followed:
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project
agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities
minimum: do not indicate discriminatory treatment of project site
personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of
not less often than once every six months,at which time the wages paid within each classification to determine any
contractor's EEO policy and its implementation will be evidence of discriminatory wage practices.
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will
given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the
all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such
thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of
the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection
contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve
women. such complaints,and will take appropriate corrective action
2
within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide
discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining
such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the
completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral
every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246,as amended,and these
6.Training and Promotion: special provisions,such contractor shall immediately notify the
contracting agency.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/
applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar
should be aimed at developing full journey level status with the requirements for and comply with the Americans with
employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so
and as permissible under Federal and State regulations,the would cause an undue hardship.
contractor shall make full use of training programs(i.e.,
apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials
geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not
special provision for training is provided under this contract, discriminate on the grounds of race,color, religion,sex,sexual
this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in
special provision. The contracting agency may reserve the selection and retention of subcontractors, including
training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The
in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance a. The contractor shall notify all potential subcontractors,
requirements for each. suppliers,and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure
women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations.
such training and promotion.
7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required:
unions as a source of employees,the contractor will use good
faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State
increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise
230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference.
contractor's association acting as agent,will include the
procedures set forth below: b. The contractor,subrecipient or subcontractor shall not
discriminate on the basis of race,color, national origin,or sex
a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry
cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award
toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the
in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach
so that they may qualify for higher paying employment. of this contract,which may result in the termination of this
contract or such other remedy as the recipient deems
b. The contractor will use good faith efforts to incorporate an appropriate,which may include, but is not limited to:
EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments;
union will be contractually bound to refer applicants without (2)Assessing sanctions;
regard to their race,color, religion,sex,sexual orientation, (3)Liquidated damages;and/or
gender identity, national origin,age,or disability. (4)Disqualifying the contractor from future bidding as non-
responsible.
c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S.
practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated
extent such information is within the exclusive possession of by reference. 49 CFR Part 21.
the labor union and such labor union refuses to furnish such
information to the contractor,the contractor shall so certify to 11.Records and Reports:The contractor shall keep such
the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO
been made to obtain such information. requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at
with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized
in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA.
through independent recruitment efforts,fill the employment
vacancies without regard to race,color, religion,sex,sexual a. The records kept by the contractor shall document the
orientation,gender identity,national origin,age,or disability; following:
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
3
(1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway
minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167.
classification on the project;
(2)The progress and efforts being made in cooperation The following provisions are from the U.S. Department of
with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and
opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
(3)The progress and efforts being made in locating,hiring,
training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5)
b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits.All laborers and
report to the contracting agency each July for the duration of mechanics employed or working upon the site of the work(or
the project indicating the number of minority,women,and non-
minority group employees currently engaged in each work otherwise working in construction or development of the
classification required by the contract work. This information is project under a development statute),will paid
to be reported on Form FHWA-1391. The staffing data should unconditionally and not less often than oncea a week,and
without subsequent deduction or rebate on any account
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job (except such payroll deductions as are permitted training is being required by special provision,the contractor regulations issued by the Secretary of Labor underr
the
e
will be required to collect and report training data. The Copeland Act CFR part the full amount basic hourly
employment data should reflect the work force on board during wages and bonnaa fide fringe b benefits(or cash equivalents
all or any part of the last payroll period preceding the end of thereof)due time of payment computed at rates not less
July. than those contained
tained 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
III.NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers
and mechanics.As provided in paragraphs(d)and(e)of 29
This provision is applicable to all Federal-aid construction CFR 5.5,the appropriate wage determinations are effective by
contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the
than$10,000. 41 CFR 60-1.5. contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act(40
As prescribed by 41 CFR 60-1.8,the contractor must ensure U.S.C.3141(2)(B))on behalf of laborers or mechanics are
that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics,subject
manner that segregation on the basis of race,color,religion, to the provisions of paragraph 1.e.of this section;also, regular
sex,sexual orientation,gender identity,or national origin contributions made or costs incurred for more than a weekly
cannot result. The contractor may neither require such period(but not less often than quarterly)under plans,funds,or
segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period,are
by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such
further to ensure that its employees are not assigned to weekly period.Such laborers and mechanics must be paid the
perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage
control where the facilities are segregated. The term"facilities" determination for the classifiication(s)of work actually
includes waiting rooms,work areas,restaurants and other performed,without regard to skill,except as provided in
eating areas,time clocks, restrooms,washrooms, locker paragraph 4.of this section. Laborers or mechanics performing
rooms and other storage or dressing areas, parking lots, work in more than one classification may be compensated at
drinking fountains, recreation or entertainment areas, the rate specified for each classification for the time actually
transportation,and housing provided for employees. The worked therein: Provided,That the employer's payroll records
contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in
necessary dressing or sleeping areas to assure privacy which work is performed.The wage determination(including
between sexes. any additional classifications and wage rates conformed under
paragraph 1.c.of this section)and the Davis-Bacon poster
(WH-1321)must be posted at all times by the contractor and
IV. DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
This section is applicable to all Federal-aid construction
b. Frequently recurring classifications.(1)In addition to wage
projects exceeding$2,000 and to all related subcontracts and and fringe benefit rates that have been determined to a
lower-tier subcontracts(regardless of subcontract size),in
accordance with 29 CFR 5.5. The requirements apply to all prevailing under the procedures set forth in o CFR parrtt
1,a
projects located within the right-of-way of a roadway that is wage determination may contain,pursuant to§1.3(o,wage
functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of laborerss and
This excludes roadways functionally classified as local roads mechanics for which conformance requests are regularly
or rural minor collectors,which are exempt. 23 U.S.C. 101. submitted pursuant to paragraph 1.c.of this section,provided
Where applicable law requires that projects be treated as a that:
project on a Federal-aid highway,the provisions of this subpart
will apply regardless of the location of the project. Examples (i)The work performed by the classification is not
include:Surface Transportation Block Grant Program projects performed by a classification in the wage determination for
funded under 23 U.S.C. 133[excluding recreational trails which a prevailing wage rate has been determined;
projects],the Nationally Significant Freight and Highway
4
(ii)The classification is used in the area by the under paragraphs 1.c.(3)and(4)of this section.The contractor
construction industry;and must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
(iii)The wage rate for the classification bears a reasonable determination.The wage rate(including fringe benefits where
relationship to the prevailing wage rates contained in the appropriate)determined pursuant to paragraph 1.c.(3)or(4)of
wage determination. this section must 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.
(2)The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii)of this d. Fringe benefits not expressed as an hourly rate.
section.Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract
at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit
wage determination for such classification. which is not expressed as an hourly rate,the contractor may
either pay the benefit as stated in the wage determination or
c. Conformance. (1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash
any class of laborers or mechanics, including helpers,which is equivalent thereof.
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make
the wage determination. Conformance of an additional payments to a trustee or other third person,the contractor may
classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the
only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program,Provided,That
(i)The work to be performed by the classification the Secretary of Labor has found, upon the written request of
requested is not performed by a classification in the wage the contractor, in accordance with the criteria set forth in
determination;and §5.28,that the applicable standards of the Davis-Bacon Act
have been met.The Secretary of Labor may require the
(ii)The classification is used in the area by the contractor to set aside in a separate account assets for the
construction industry;and meeting of obligations under the plan or program.
iii The proposed wage rate, including an bona fide fringe f. Interest. In the event of a failure to pay all or part of the
( ) p p g g y g wages required by the contract,the contractor will be required
benefits,bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages.
contained in the wage determination.
(2)The conformance process may not be used to split, 2• Withholding(29 CFR 5.5)
subdivide,or otherwise avoid application of classifications
listed in the wage determination. a. Withholding requirements.The contracting agency may,
upon its own action,or must,upon written request of an
(3)If the contractor and the laborers and mechanics to be authorized representative of the Department of Labor,withhold
employed in the classification(if known),or their or cause to be withheld from the contractor so much of the
representatives,and the contracting officer agree on the accrued payments or advances as may be considered
classification and wage rate(including the amount designated necessary to satisfy the liabilities of the prime contractor or any
for fringe benefits where appropriate),a report of the action subcontractor for the full amount of wages and monetary relief,
taken will be sent by the contracting officer by email to including interest, required by the clauses set forth in this
DDAconformance a(7dol.pov.The Administrator,or an section for violations of this contract,or to satisfy any such
authorized representative,will approve, modify,or disapprove liabilities required by any other Federal contract,or federally
assisted contract subject to Davis-Bacon labor standards,that
every additional classification action within 30 days of receipt is held by the same prime contractor(as defined in§5.2).The
and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under
contracting officer within the 30—day period that additional time this contract,any other Federal contract with the same prime
is necessary. contractor,or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
(4)In the event the contractor,the laborers or mechanics to held by the same prime contractor,regardless of whether the
be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency,
the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability
classification and wage rate(including the amount designated for which the funds were withheld. In the event of a
for fringe benefits,where appropriate),the contracting officer contractor's failure to pay any laborer or mechanic,including
will,by email to DDAconformance a(7dol.gov,refer the any apprentice or helper working on the site of the work all or
questions,including the views of all interested parties and the part of the wages required by the contract,or upon the
recommendation of the contracting officer,to the Administrator contractor's failure to submit the required records as discussed
for determination.The Administrator,or an authorized in paragraph 3.d.of this section,the contracting agency may
representative,will issue a determination within 30 days of on its own initiative and after written notice to the contractor,
receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the
contracting officer within the 30—day period that additional time suspension of any further payment,advance,or guarantee of
is necessary. funds until such violations have ceased.
(5)The contracting officer must promptly notify the b. Priority to withheld funds.The Department has priority to
contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph
5
2.a.of this section or Section V, paragraph 3.a.,or both,over agency.The prime contractor is responsible for the submission
claims to those funds by: of all certified payrolls by all subcontractors.A contracting
agency or prime contractor may permit or require contractors
(1)A contractor's surety(ies), including without limitation to submit certified payrolls through an electronic system,as
performance bond sureties and payment bond sureties; long as the electronic system requires a legally valid electronic
signature;the system allows the contractor,the contracting
agency,and the Department of Labor to access the certified
(2)A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the
prime contract has been completed;and the contracting
(3)A trustee(s)(either a court-appointed trustee or a U.S. agency or prime contractor permits other methods of
trustee,or both)in bankruptcy of a contractor,or a contractor's submission in situations where the contractor is unable or
bankruptcy estate; limited in its ability to use or access the electronic system.
(4)A contractor's assignee(s); (2)Information required.The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2)of this
(5)A contractor's successor(s);or section,except that full Social Security numbers and last
known addresses,telephone numbers,and email addresses
must not be included on weekly transmittals. Instead,the
(6)A claim asserted under the Prompt Payment Act, 31 certified payrolls need only include an individually identifying
U.S.C.3901-3907. number for each worker(e.g.,the last four digits of the
worker's Social Security number).The required weekly
3. Records and certified payrolls(29 CFR 5.5) certified payroll information may be submitted using Optional
Form WH-347 or in any other format desired.Optional Form
WH-347 is available for this purpose from the Wage and Hour
a. Basic record requirements(1)Length of record retention. Division website at s/WHD/
All regular payrolls and other basic records must be 1egacy/fi1es/wh347/pdf or its successor website. It is not a
maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a
course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last
mechanics working at the site of the work(or otherwise known addresses,telephone numbers,and email addresses to
working in construction or development of the project under a the prime contractor for its own records,without weekly
development statute)for a period of at least 3 years after all submission by the subcontractor to the contracting agency.
the work on the prime contract is completed.
(3)Statement of Compliance. Each certified payroll
(2)Information required.Such records must contain the submitted must be accompanied by a"Statement of
name; Social Security number; last known address,telephone Compliance,"signed by the contractor or subcontractor,or the
number,and email address of each such worker;each contractor's or subcontractor's agent who pays or supervises
worker's correct classifiication(s)of work actually performed; the payment of the persons working on the contract,and must
hourly rates of wages paid(including rates of contributions or certify the following:
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2}(B}of the Davis-Bacon Act);daily and weekly number (i)That the certified payroll for the payroll period contains
of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b.
deductions made;and actual wages paid. of this section,the appropriate information and basic records
are being maintained under paragraph 3.a.of this section,
and such information and records are correct and complete;
(3)Additional records relating to fringe benefits.Whenever
the Secretary of Labor has found under paragraph 1.e.of this
section that the wages of any laborer or mechanic include the (ii)That each laborer or mechanic(including each helper
amount of any costs reasonably anticipated in providing and apprentice)working on the contract during the payroll
benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned,without
3141(2}(B}of the Davis-Bacon Act,the contractor must rebate,either directly or indirectly,and that no deductions
maintain records which show that the commitment to provide have been made either directly or indirectly from the full
such benefits is enforceable,that the plan or program is wages earned,other than permissible deductions as set
financially responsible,and that the plan or program has been forth in 29 CFR part 3;and
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual (iii)That each laborer or mechanic has been paid not less
cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash
equivalents for the classifiication(s)of work actually
(4)Additional records relating to apprenticeship.Contractors performed,as specified in the applicable wage determination
with apprentices working under approved programs must incorporated into the contract.
maintain written evidence of the registration of apprenticeship
programs,the registration of the apprentices,and the ratios (4)Use of Optional Form WH-347.The weekly submission
and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse
side of Optional Form WH-347 will satisfy the requirement for
b. Certified payroll requirements(1)Frequency and method submission of the"Statement of Compliance"required by
of submission.The contractor or subcontractor must submit paragraph 3.b.(3)of this section.
weekly,for each week in which any DBA-or Related Acts-
covered work is performed,certified payrolls to the contracting
6
(5)Signature.The signature by the contractor, of each covered worker,and must provide them upon request
subcontractor,or the contractor's or subcontractor's agent to the contracting agency,the State DOT,the FHWA,the
must be an original handwritten signature or a legally valid contractor,or the Wage and Hour Division of the Department
electronic signature. of Labor for purposes of an investigation or other compliance
action.
(6)Falsification.The falsification of any of the above
certifications may subject the contractor or subcontractor to 4.Apprentices and equal employment opportunity(29 CFR
civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5)
U.S.C.3729.
a.Apprentices(1)Rate of pay.Apprentices will be permitted
(7)Length of certified payroll retention.The contractor or to work at less than the predetermined rate for the work they
subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually
course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered
on the prime contract is completed. with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship(OA),or with a State
c. Contracts, subcontracts,and related documents. The Apprenticeship Agency recognized by the OA.A person who is
contractor or subcontractor must maintain this contract or not individually registered in the program, but who has been
subcontract and related documents including,without certified by the OA or a State Apprenticeship Agency(where
limitation,bids, proposals,amendments, modifications,and appropriate)to be eligible for probationary employment as an
extensions.The contractor or subcontractor must preserve apprentice,will be permitted to work at less than the
these contracts,subcontracts,and related documents during predetermined rate for the work they perform in the first 90
the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a
work on the prime contract is completed. program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program,the contractor will no longer be
d. Required disclosures and access(1)Required record permitted to use apprentices at less than the applicable
disclosures and access to workers.The contractor or predetermined rate for the work performed until an acceptable
subcontractor must make the records required under program is approved.
paragraphs 3.a.through 3.c.of this section,and any other
documents that the contracting agency,the State DOT,the (2)Fringe benefits.Apprentices must be paid fringe benefits
FHWA,or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship
determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe
any of the applicable statutes referenced by§5.1,available for benefits,apprentices must be paid the full amount of fringe
inspection,copying,or transcription by authorized benefits listed on the wage determination for the applicable
representatives of the contracting agency,the State DOT,the classification. If the Administrator determines that a different
FHWA,or the Department of Labor,and must permit such practice prevails for the applicable apprentice classification,
representatives to interview workers during working hours on fringe benefits must be paid in accordance with that
the job. determination.
(2)Sanctions for non-compliance with records and worker (3)Apprenticeship ratio.The allowable ratio of apprentices to
access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must
submit the required records or to make them available,or not be greater than the ratio permitted to the contractor as to
refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio
the job,the Federal agency may,after written notice to the applicable to the locality of the project pursuant to paragraph
contractor,sponsor,applicant,owner,or other entity,as the 4.a.(4)of this section.Any worker listed on a payroll at an
case may be,that maintains such records or that employs apprentice wage rate,who is not registered or otherwise
such workers,take such action as may be necessary to cause employed as stated in paragraph 4.a.(1)of this section,must
the suspension of any further payment,advance,or guarantee be paid not less than the applicable wage rate on the wage
of funds. Furthermore,failure to submit the required records determination for the classification of work actually performed.
upon request or to make such records available,or to permit In addition,any apprentice performing work on the job site in
worker interviews during working hours on the job, may be excess of the ratio permitted under this section must be paid
grounds for debarment action pursuant to§5.12. In addition, not less than the applicable wage rate on the wage
any contractor or other person that fails to submit the required determination for the work actually performed.
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative (4)Reciprocity of ratios and wage rates.Where a contractor
proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than
that were not provided or made available to WHD.WHD will the locality in which its program is registered,the ratios and
take into consideration a reasonable request from the wage rates(expressed in percentages of the journeyworker's
contractor or person for an extension of the time for hourly rate)applicable within the locality in which the
submission of records.WHD will determine the construction is being performed must be observed. If there is
reasonableness of the request and may consider,among other no applicable ratio or wage rate for the locality of the project,
things,the location of the records and the volume of the ratio and wage rate specified in the contractor's registered
production. program must be observed.
(3)Required information disclosures.Contractors and b. Equal employment opportunity.The use of apprentices
subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with
and last known address,telephone number,and email address
7
the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any
Order 11246,as amended,and 29 CFR part 30. person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b)or§5.12(a).
c. Apprentices and Trainees(programs of the U.S. DOT).
c.The penalty for making false statements is prescribed in
Apprentices and trainees working under apprenticeship and the U.S.Code,Title 18 Crimes and Criminal Procedure, 18
skill training programs which have been certified by the U.S.C. 1001.
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not 11.Anti-retaliation. It is unlawful for any person to discharge,
subject to the requirements of paragraph 4 of this Section IV. demote,intimidate,threaten,restrain,coerce,blacklist, harass,
23 CFR 230.111(e)(2).The straight time hourly wage rates for or in any other manner discriminate against,or to cause any
apprentices and trainees under such programs will be person to discharge,demote, intimidate,threaten, restrain,
established by the particular programs.The ratio of coerce,blacklist, harass,or in any other manner discriminate
apprentices and trainees to journeyworkers shall not be against,any worker or job applicant for:
greater than permitted by the terms of the particular program.
a. Notifying any contractor of any conduct which the worker
5.Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA, Related
contractor shall comply with the requirements of 29 CFR part Acts,this part,or 29 CFR part 1 or 3;
3,which are incorporated by reference in this contract as
provided in 29 CFR 5.5. b. Filing any complaint,initiating or causing to be initiated
any proceeding,or otherwise asserting or seeking to assert on
6.Subcontracts.The contractor or subcontractor must insert behalf of themselves or others any right or protection under the
FHWA-1273 in any subcontracts,along with the applicable DBA, Related Acts,this part,or 29 CFR part 1 or 3;
wage determination(s)and such other clauses or contract
modifications as the contracting agency may by appropriate c.Cooperating in any investigation or other compliance
instructions require,and a clause requiring the subcontractors action,or testifying in any proceeding under the DBA, Related
to include these clauses and wage determination(s)in any Acts,this part,or 29 CFR part 1 or 3;or
lower tier subcontracts.The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In d. Informing any other person about their rights under the
the event of any violations of these clauses,the prime DBA, Related Acts,this part,or 29 CFR part 1 or 3.
contractor and any subcontractor(s)responsible will be liable
for any unpaid wages and monetary relief,including interest
from the date of the underpayment or loss,due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS
of lower-tier subcontractors,and may be subject to debarment, ACT
as appropriate. 29 CFR 5.5.
7.Contract termination:debarment. A breach of the Pursuant to 29 CFR 5.5(b),the following clauses apply to any
contract clauses in 29 CFR 5.5 may be grounds for termination Federal-aid construction contract in an amount in excess of
of the contract,and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the
subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act.These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the
8.Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and
requirements. All rulings and interpretations of the Davis- guards.
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5
are herein incorporated by reference in this contract as 1.Overtime requirements. No contractor or subcontractor
provided in 29 CFR 5.5. contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
9.Disputes concerning labor standards.As provided in 29 require or permit any such laborer or mechanic in any
CFR 5.5,disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to
of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such
clause of this contract. Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less
accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours
set forth in 29 CFR parts 5,6,and 7. Disputes within the worked in excess of forty hours in such workweek. 29 CFR
meaning of this clause include disputes between the contractor 5.5.
(or any of its subcontractors)and the contracting agency,the
U.S. Department of Labor,or the employees or their
representatives. 2.Violation;liability for unpaid wages;liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1.of this section the contractor and any
10.Certification of eligibility.a. By entering into this contract, subcontractor responsible therefor shall be liable for the
the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment.
who has an interest in the contractor's firm is a person or firm In addition,such contractor and subcontractor shall be liable to
ineligible to be awarded Government contracts by virtue of 40 the United States(in the case of work done under contract for
U.S.C.3144(b)or§5.12(a). 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
8
mechanic,including watchpersons and guards,employed in event of any violations of these clauses,the prime contractor
violation of the clause set forth in paragraph 1.of this section, and any subcontractor(s)responsible will be liable for any
in the sum currently provided in 29 CFR 5.5(b)(2)'for each unpaid wages and monetary relief,including interest from the
calendar day on which such individual was required or date of the underpayment or loss,due to any workers of lower-
permitted to work in excess of the standard workweek of forty tier subcontractors,and associated liquidated damages and
hours without payment of the overtime wages required by the may be subject to debarment,as appropriate.
clause set forth in paragraph 1.of this section.
5.Anti-retaliation.It is unlawful for any person to discharge,
$31 as of January 15,2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist, harass,
be adjusted annually by the Department of Labor, pursuant to or in any other manner discriminate against,or to cause any
the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge,demote, intimidate,threaten, restrain,
coerce,blacklist, harass,or in any other manner discriminate
3.Withholding for unpaid wages and liquidated damages against,any worker or job applicant for:
a. Withholding process.The FHWA or the contracting a. Notifying any contractor of any conduct which the worker
agency may,upon its own action,or must,upon written reasonably believes constitutes a violation of the Contract
request of an authorized representative of the Department of Work Hours and Safety Standards Act(CWHSSA)or its
Labor,withhold or cause to be withheld from the contractor so implementing regulations in this part;
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime b. Filing any complaint,initiating or causing to be initiated
contractor or any subcontractor for any unpaid wages; any proceeding,or otherwise asserting or seeking to assert on
monetary relief, including interest;and liquidated damages behalf of themselves or others any right or protection under
required by the clauses set forth in this section on this CWHSSA or this part;
contract,any other Federal contract with the same prime
contractor,or any other federally assisted contract subject to c.Cooperating in any investigation or other compliance
the Contract Work Hours and Safety Standards Act that is held action,or testifying in any proceeding under CWHSSA or this
by the same prime contractor(as defined in§5.2).The part;or
necessary funds may be withheld from the contractor under
this contract,any other Federal contract with the same prime
contractor,or any other federally assisted contract that is d. Informing any other person about their rights under
subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part.
and is held by the same prime contractor,regardless of
whether the other contract was awarded or assisted by the
same agency,and such funds may be used to satisfy the VI.SUBLETTING OR ASSIGNING THE CONTRACT
contractor liability for which the funds were withheld.
This provision is applicable to all Federal-aid construction
b. Priority to withheld funds.The Department has priority to contracts on the National Highway System pursuant to 23 CFR
funds withheld or to be withheld in accordance with Section IV 635.116.
paragraph 2.a.or paragraph 3.a.of this section,or both,over
claims to those funds by: 1.The contractor shall perform with its own organization
contract work amounting to not less than 30 percent(or a
(1)A contractor's surety(ies), including without limitation greater percentage if specified elsewhere in the contract)of
performance bond sureties and payment bond sureties; the total original contract price,excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
(2)A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total
original contract price before computing the amount of work
(3)A trustee(s)(either a court-appointed trustee or a U.S. required to be performed by the contractor's own organization
trustee,or both)in bankruptcy of a contractor,or a contractor's (23 CFR 635.116).
bankruptcy estate; a. The term"perform work with its own organization"in
paragraph 1 of Section VI refers to workers employed or
(4)A contractor's assignee(s); leased by the prime contractor,and equipment owned or
rented by the prime contractor,with or without operators.
Such term does not include employees or equipment of a
(5)A contractor's successor(s);or subcontractor or lower tier subcontractor,agents of the prime
contractor,or any other assignees. The term may include
(6)A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an
U.S.C.3901-3907. employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
4.Subcontracts.The contractor or subcontractor must insert following conditions:(based on longstanding interpretation)
in any subcontracts the clauses set forth in paragraphs 1.
through 5.of this section and a clause requiring the (1)the prime contractor maintains control over the
subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased
subcontracts.The prime contractor is responsible for employees;
compliance by any subcontractor or lower tier subcontractor (2)the prime contractor remains responsible for the quality
with the clauses set forth in paragraphs 1.through 5. In the of the work of the leased employees;
9
(3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the
exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the
(4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C.
the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10.
submission of payrolls,statements of compliance and all
other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract
that the Secretary of Labor or authorized representative
b. "Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract
that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance
equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry
organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the
contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act(40 U.S.C.
components of the overall contract. 23 CFR 635.102. 3704).
2. Pursuant to 23 CFR 635.116(a),the contract amount upon
which the requirements set forth in paragraph(1)of Section VI VIII.FALSE STATEMENTS CONCERNING HIGHWAY
is computed includes the cost of material and manufactured PROJECTS
products which are to be purchased or produced by the
contractor under the contract provisions. This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
3. Pursuant to 23 CFR 635.116(c),the contractor shall furnish
(a)a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in
by the firm, has full authority to direct performance of the work conformity with approved plans and specifications and a high
in accordance with the contract requirements,and is in charge degree of reliability on statements and representations made
of all construction operations(regardless of who performs the by engineers,contractors,suppliers,and workers on Federal-
work)and(b)such other of its own organizational resources aid highway projects, it is essential that all persons concerned
(supervision,management,and engineering services)as the with the project perform their functions as carefully,thoroughly,
contracting officer determines is necessary to assure the and honestly as possible. Willful falsification,distortion,or
performance of the contract. misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
4. No portion of the contract shall be sublet,assigned or misunderstanding regarding the seriousness of these and
otherwise disposed of except with the written consent of the similar acts, Form FHWA-1022 shall be posted on each
contracting officer,or authorized representative,and such Federal-aid highway project(23 CFR Part 635)in one or more
consent when given shall not be construed to relieve the places where it is readily available to all persons concerned
contractor of any responsibility for the fulfillment of the with the project:
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows:
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116). "Whoever, being an officer,agent,or employee of the United
States,or of any State or Territory,or whoever,whether a
5.The 30-percent self-performance requirement of paragraph person,association,firm,or corporation,knowingly makes any
(1)is not applicable to design-build contracts; however, false statement,false representation,or false report as to the
contracting agencies may establish their own self-performance character,quality,quantity,or cost of the material used or to
requirements. 23 CFR 635.116(d). be used,or the quantity or quality of the work performed or to
be performed,or the cost thereof in connection with the
submission of plans,maps,specifications,contracts,or costs
VII.SAFETY:ACCIDENT PREVENTION of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts. Whoever knowingly makes any false statement,false
representation,false report or false claim with respect to the
1. In the performance of this contract the contractor shall character,quality,quantity,or cost of any work performed or to
comply with all applicable Federal, State,and local laws be performed,or materials furnished or to be furnished,in
governing safety, health,and sanitation(23 CFR Part 635). connection with the construction of any highway or related
The contractor shall provide all safeguards,safety devices and project approved by the Secretary of Transportation;or
protective equipment and take any other needed actions as it
determines,or as the contracting officer may determine,to be Whoever knowingly makes any false statement or false
reasonably necessary to protect the life and health of representation as to material fact in any statement,certificate,
employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid
protect property in connection with the performance of the Roads Act approved July 11, 1916, (39 Stat. 355),as
work covered by the contract. 23 CFR 635.108. amended and supplemented;
2. It is a condition of this contract,and shall be made a Shall be fined under this title or imprisoned not more than 5
condition of each subcontract,which the contractor enters into years or both."
pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
of the contract,to work in surroundings or under conditions
which are unsanitary,hazardous or dangerous to his/her
health or safety,as determined under construction safety and
10
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT(42 U.S.C. 7606;2 e.The terms"covered transaction,""debarred,"
CFR 200.88; EO 11738) "suspended,""ineligible,""participant,""person,""principal,"
and"voluntarily excluded,"as used in this clause,are defined
This provision is applicable to all Federal-aid construction in 2 CFR Parts 180, Subpart I, 180.900-180.1020,and 1200.
contracts in excess of$150,000 and to all related "First Tier Covered Transactions"refers to any covered
subcontracts. 48 CFR 2.101;2 CFR 200.327. transaction between a recipient or subrecipient of Federal
funds and a participant(such as the prime or general contract).
By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions"refers to any covered
contract or subcontract,as appropriate,the bidder, proposer, transaction under a First Tier Covered Transaction(such as
Federal-aid construction contractor,subcontractor,supplier,or subcontracts). "First Tier Participant"refers to the participant
vendor agrees to comply with all applicable standards,orders who has entered into a covered transaction with a recipient or
or regulations issued pursuant to the Clean Air Act(42 U.S.C. subrecipient of Federal funds(such as the prime or general
7401-7671q)and the Federal Water Pollution Control Act,as contractor). "Lower Tier Participant"refers any participant who
amended(33 U.S.C. 1251-1387).Violations must be reported has entered into a covered transaction with a First Tier
to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants(such as
of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers).
Appendix II.
f.The prospective first tier participant agrees by submitting
The contractor agrees to include or cause to be included the this proposal that,should the proposed covered transaction be
requirements of this Section in every subcontract,and further entered into,it shall not knowingly enter into any lower tier
agrees to take such action as the contracting agency may covered transaction with a person who is debarred,
direct as a means of enforcing such requirements. 2 CFR suspended,declared ineligible,or voluntarily excluded from
200.327. participation in this covered transaction,unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
X.CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by
EXCLUSION submitting this proposal that it will include the clause titled
"Certification Regarding Debarment,Suspension, Ineligibility
This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions,"
contracts,design-build contracts,subcontracts, lower-tier provided by the department or contracting agency,entering
subcontracts,purchase orders, lease agreements,consultant into this covered transaction,without modification, in all lower
contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier
approval or that is estimated to cost$25,000 or more— as covered transactions exceeding the$25,000 threshold. 2 CFR
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300.
1200.220.
h.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
1.Instructions for Certification—First Tier Participants: transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction, unless it
a. By signing and submitting this proposal,the prospective knows that the certification is erroneous. 2 CFR 180.300;
first tier participant is providing the certification set out below. 180.320,and 180.325. A participant is responsible for
ensuring that its principals are not suspended,debarred,or
b.The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2
below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals,as well
covered transaction.The prospective first tier participant shall as the eligibility of any lower tier prospective participants,each
submit an explanation of why it cannot provide the certification participant may,but is not required to,check the System for
set out below.The certification or explanation will be Award Management website(https://www.sam.ciov/). 2 CFR
considered in connection with the department or agency's 180.300, 180.320,and 180.325.
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to
certification or an explanation shall disqualify such a person require the establishment of a system of records in order to
from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by
of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings.
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph(f)of
an erroneous certification, in addition to other remedies these instructions, if a participant in a covered transaction
available to the Federal Government,the contracting agency knowingly enters into a lower tier covered transaction with a
may terminate this transaction for cause of default. 2 CFR person who is suspended,debarred, ineligible,or voluntarily
180.325. excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
d.The prospective first tier participant shall provide department or agency may terminate this transaction for cause
immediate written notice to the contracting agency to whom or default. 2 CFR 180.325.
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
11
2. Certification Regarding Debarment,Suspension, this transaction originated may pursue available remedies,
Ineligibility and Voluntary Exclusion—First Tier including suspension and/or debarment.
Participants:
c.The prospective lower tier participant shall provide
a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is
its knowledge and belief,that it and its principals: submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
(1) Are not presently debarred,suspended, proposed for changed circumstances. 2 CFR 180.365.
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal d.The terms"covered transaction,""debarred,"
department or agency,2 CFR 180.335;. "suspended,""ineligible,""participant,""person,""principal,"
and"voluntarily excluded,"as used in this clause,are defined
(2) Have not within a three-year period preceding this in 2 CFR Parts 180, Subpart I, 180.900—180.1020,and 1200.
proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is
against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those
connection with obtaining,attempting to obtain,or performing regulations. "First Tier Covered Transactions"refers to any
a public(Federal, State,or local)transaction or contract under covered transaction between a recipient or subrecipient of
a public transaction;violation of Federal or State antitrust Federal funds and a participant(such as the prime or general
statutes or commission of embezzlement,theft,forgery, contract). "Lower Tier Covered Transactions"refers to any
bribery,falsification or destruction of records, making false covered transaction under a First Tier Covered Transaction
statements,or receiving stolen property,2 CFR 180.800; (such as subcontracts). "First Tier Participant'refers to the
participant who has entered into a covered transaction with a
(3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds(such as the prime or
civilly charged by a governmental entity(Federal,State or general contractor). "Lower Tier Participant'refers any
local)with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a
paragraph(a)(2)of this certification,2 CFR 180.700 and First Tier Participant or other Lower Tier Participants(such as
180.800;and subcontractors and suppliers).
(4) Have not within a three-year period preceding this e.The prospective lower tier participant agrees by
application/proposal had one or more public transactions submitting this proposal that,should the proposed covered
(Federal,State or local)terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into
CFR 180.335(d). any lower tier covered transaction with a person who is
debarred,suspended,declared ineligible,or voluntarily
(5)Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction, unless
violation under any Federal law within the two-year period authorized by the department or agency with which this
preceding this proposal(USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332.
appropriations act requirements);and
f.The prospective lower tier participant further agrees by
(6)Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled
that has been assessed,for which all judicial and "Certification Regarding Debarment,Suspension, Ineligibility
administrative remedies have been exhausted,or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction,"
and that is not being paid in a timely manner pursuant to an without modification,in all lower tier covered transactions and
agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding
liability(USDOT Order 4200.6 implementing appropriations act the$25,000 threshold. 2 CFR 180.220 and 1200.220.
requirements).
g.A participant in a covered transaction may rely upon a
b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered
any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or
participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction, unless it
CFR 180.335 and 180.340. knows that the certification is erroneous.A participant is
responsible for ensuring that its principals are not suspended,
debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
3.Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each
participant may,but is not required to,check the System for
(Applicable to all subcontracts,purchase orders,and other Award Management website(https://www.sam.gov/),which is
lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR
estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300, 180.320, 180.330,and 180.335.
1200). 2 CFR 180.220 and 1200.220.
h. Nothing contained in the foregoing shall be construed to
a. By signing and submitting this proposal,the prospective require establishment of a system of records in order to render
lower tier participant is providing the certification set out below. in good faith the certification required by this clause.The
knowledge and information of participant is not required to
b.The certification in this clause is a material representation exceed that which is normally possessed by a prudent person
of fact upon which reliance was placed when this transaction in the ordinary course of business dealings.
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous i. Except for transactions authorized under paragraph a of
certification,in addition to other remedies available to the these instructions, if a participant in a covered transaction
Federal Government,the department,or agency with which knowingly enters into a lower tier covered transaction with a
person who is suspended,debarred, ineligible,or voluntarily
12
excluded from participation in this transaction,in addition to cooperative agreement,the undersigned shall complete and
other remedies available to the Federal Government,the submit Standard Form-LLL,"Disclosure Form to Report
department or agency with which this transaction originated Lobbying,"in accordance with its instructions.
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325. 2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
4. Certification Regarding Debarment,Suspension, U.S.C. 1352. Any person who fails to file the required
Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than
Participants: $10,000 and not more than$100,000 for each such failure.
a.The prospective lower tier participant certifies,by 3.The prospective participant also agrees by submitting its
submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
(1)is presently debarred,suspended, proposed for subcontracts,which exceed$100,000 and that all such
debarment,declared ineligible,or voluntarily excluded from recipients shall certify and disclose accordingly.
participating in covered transactions by any Federal
department or agency,2 CFR 180.355;
XII. USE OF UNITED STATES-FLAG VESSELS:
(2)is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction
preceding this proposal(USDOT Order 4200.6 implementing contracts,design-build contracts,subcontracts, lower-tier
appropriations act requirements);and subcontracts,purchase orders, lease agreements,or any other
covered transaction. 46 CFR Part 381.
(3)is a corporation with any unpaid Federal tax liability that
has been assessed,for which all judicial and administrative This requirement applies to material or equipment that is
remedies have been exhausted,or have lapsed,and that is acquired for a specific Federal-aid highway project. 46 CFR
not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into
with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract.
(USDOT Order 4200.6 implementing appropriations act
requirements) When oceanic shipments(or shipments across the Great
Lakes)are necessary for materials or equipment acquired for a
b.Where the prospective lower tier participant is unable to specific Federal-aid construction project,the bidder,proposer,
certify to any of the statements in this certification,such contractor,subcontractor,or vendor agrees:
prospective participant should attach an explanation to this
proposal. 1.To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers,dry cargo liners,
and tankers)involved,whenever shipping any equipment,
material,or commodities pursuant to this contract,to the
XI.CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates
FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7.
This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for
contracts and to all related subcontracts which exceed shipments originating within the United States or within 30
$100,000. 49 CFR Part 20,App.A. working days following the date of loading for shipments
originating outside the United States,a legible copy of a rated,
1.The prospective participant certifies, by signing and `on-board'commercial ocean bill-of-lading in English for each
submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section
knowledge and belief,that: to both the Contracting Officer(through the prime contractor in
the case of subcontractor bills-of-lading)and to the Office of
a. No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift(MAR-620), Maritime
paid,by or on behalf of the undersigned,to any person for Administration,Washington, DC 20590.(MARAD requires
influencing or attempting to influence an officer or employee of copies of the ocean carrier's(master)bills of lading,certified
any Federal agency,a Member of Congress,an officer or onboard,dated,with rates and charges.These bills of lading
employee of Congress,or an employee of a Member of may contain business sensitive information and therefore may
Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation
contract,the making of any Federal grant,the making of any Intermediary on behalf of the contractor). 46 CFR 381.7.
Federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment,or
modification of any Federal contract,grant,loan,or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or
13
ATTACHMENT A-EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
laborers, mechanics and other employees required to perform
the contract work,(b)the number of employees required in
each classification, (c)the date on which the participant
estimates such employees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion,are not qualified to
perform the classification of work required.
4. If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1 c)
above.
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6.The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is,or reasonably may be,done as on-site work.
14
Attachment B: Davis Bacon Wage Rate
October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500
0
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L. C 7 >> ro O 41 41 N U1 a--r -i •ri L. E •ri � L. tao O r1 O O C ro Vl V O 4-1 tao
C N 41 O U C •ri }-j C LF t U -0 LA r1 •ri Q ro r1 O \ LF -0 1 •ri 7 L. C •ri •ri ro C
O -0 ro •ri U1 ro rn �.o O ro -P •ri •ri 7 ro E O '- O ro 3 rn ro +1 O tao O -0 C L. U1 •ri O
•ri L. }-r X •ri m LA U Vl ro U1 ro t uo = 4-1 C -i i ro LF O •ri C 7 4-1 C p
+1 O v ro LU 0 D n v L. Q O LF 3 C ro 3 rn -0 3 v 0 C v +1 •ri v ro C
ro -P E +1 O m •ri av O O-0 4-1i C \r -0 -H a) -HC tao ro +1 tao L. ri N
U w O L. LF J rl r1 t LU •ri LF L. ro --o -P — L. ro Vl N 41 = i E N U w C ro tao O
•ri > Z O O LA >> Q 4-1 C ro 0 -0 N w 7 w w O N N ro 41 i L (1) -0 •ri L. N L. C N N
LF •ri LF ro O N Q U1 -C 4-1 U1 r1 •ri U1 LA •ri C U i N C LF N L. N O (V
•ri }� N C LA LA L. O ro -C -C LA }P }P LA >, U LA >, �4-1 U •ri C i 4-1 ro -H -H L. > -HO
N N LA 7 t •ri 4-1 -0 ro ro W 4-1U — 1 LF L. }1 O •ri C LA O 4-1 C C LA 4- -H � i LF 7 ro 41 L J
Vl U -p C w X Q LA •ri -0 O 7 •ri Vl r1 •ri ro r1 r1 N N C •ri •ri i -0 > C Vl •ri U ro N LL
ro N N N U N L. t N >, O E L. V1 Q Q 7 E tao O V1 -0 •H i ro O ro -p C U LA •r-
r1 X N L. E L. ro L. O 3 7 -0 L = L. O ro E , O E ro N ro •ri Vl N •ri i N = •ri r1 C O •ri L. LF O
U W w O w O N 41 to 7 N N Vl 4-1 N Vl L. \ 41 ro -0 v i uo 4-1 U U1 U1 •ri LF N •r-1
Vl E L. LF LF N -0 U L. Vl -0 O ko Q >1 O -0 to •ri > ro r1 •ri i ro 41 U -0 4-1 C •ri •ri }- C
Vl L. •ri C O L. L. ro O •ri N = Lr) L. 41 w w L. w ro 7 O U U > i 3 ro 7 N •ri ro 7 LA LF C
•ri U1 U1 L. 7 U1 ro O L. LF L. U1 7 -C U1 0 -C 0- t]A •ri O H i = L. = L. LA •ri N E
-0 to O tS Vl 41 Vl U1 H O -0 •r, -,}-r C 41 -1 N LF N L. v 4-1 4-1 N -0 ro }j - �
}P C ro LF N tao N N C 4-1 ro > 4-1 C N 1 ro L. -p r1 •ri t Q i U Vl 41 C N r1 C •ri
D N L. C: -p rn > O U 3 O •ri L. 0 -0 E O D ro O rn -p — ro rn C ro O -P U N -6
C r1 C •ri ro N •ri U Q U -p Q LA ro 41 U1 0 4-1 X L. -0 LA LA ro i U1 U1 0 C L. •ri t L.
•ri N d O N N a--r •ri 41 C •ri 7 7 , U -p L. U1 O U1 ro LF ro i 4-1 U O C tao r1 H N N
tao •ri t]A-0 to U 7 r1 C O w 3 E Vl >> ro LF >> to 4-1 r i 3 r1 O LF ro •ri L. 7 •ri ro 41 O
Vl ro 41 ro C U ro O •ri •ri I to N r1 -1 -1 U - 3 U >>Lr) i O L. LF 4-1 N N 41 N }-75 N
L. 3 ro 3 >> U1 U1 U1 L. U 4-1 rn -�z rn N > •ri N tao•ri , ro ro 3 N r1 i O ro -0 ro 3 C 4-1 N
N C r1 t tao X N ro ro }P N L. N C •ri E L. C E W L. r1 \ -0 Q C Lr) i >> N C C N ro r1
Q E m •ri E -P -P ro LU -0 CO -P U (1) 0 (1) -1 -P ro I •ri ro U -p •ri \ a) O O -0 tao—•ri D rn ro E of 1 0
N L 7 m E 7 C N 1 •ri ro >> 3 >\r1 C LF t 4-1 LF C C ro •• 41 U of i O ro W E •ri N L
O E • L. E (1) -CL. •• LL Vl U L. O O •ri N 41 r1 N O > w Vl Vl -0 LL i 3 L. L. r1 C 7
3 •ri m N •ri L. U •ri N •ri •ri }P -i >>r1 > N r1 7 N r1 U ro Q •ri L. U N w w N N Q O O N
C H 4-1 C L. •ri N 41 L. > r1 C Q N Q C N -�z ro Vl -�-/ O 41 r1 w ro O) N -0 Q 4-1 -0 4-1 4-1 Q •ri LF
3E •ri 64 U1 •ri 7 t t O O ro O O E t E 3 L. •ri N N •ri •ri C Vl }P C t 3 N i t C >> w L. ro ro 7 C
N * E -0 E U 3 a--r Z LF to U N 4-1 LU O Q r1 = L. r1 > O •ri t D 41 ro i ro 41 -0 O L. L. w D Q Q
00
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L O v
v LA O +1
LA L t U1 L. L. N V1 O -0 ro r� 4-1 ro 4-1
ro O V1 } 4-1 U1 uo O m ro ri >> U1 E m ro 4-1 ro
3 C LF L. X 41 C -0 LF O L. N 3 -0 4-1 m -C LA �
• O N N C ro ro N N ro •-I a) \ L N 7 -C -p i }P Vl a) ri
N N •r-I >> r1 C C •r-I •r-I t t r1 t -0 H C ro LA i tao•r-I N •r-I }P ro a) C
C N E •ri •H 41 V 4-1 •ri N Vl O E m 0 7 ro C a) Vl •r-I N L. ro C 4-1 O
ro Q 7 > 7 V w O ro 4-1 r-I 7 \ •r-I C -0 O > a) a) m O N L. L. ro •ri
L E L r1 C t N tao ri tao > L. LF C H 4-1 a) ro a) C •ri }P 3 >i N C LF N a) -0 4-1
ro N 7 d 7 U1 m U1 ri C U1 O a) O m ro 41 r') = Vl L. ro N J O m -0 4-1 U1
C X -C LA O Vl N C ro •r-1 L Q 4-1 r1 C ro 4-1 •r-I N N L. ro > LL •ri ro N C C N r1
O LU 4-1 N V • 7 \ C Q N •• ro N ro ,•r-I L. L. D C 4-1 ro •r-I t a-
(1) -0 00 H 4-1 }- L L. LU L. }P C N E •ri C N tao Vl a) Vl 7 V) 7 ro H E
C LF -C 4-1 0) L. m C V N N J ro L. 41 L. N •r-1 }- C •ri Vl -C Q LA i -0 ro LA C O
7 >, O 41 -0 V H N \ N N > 41 ro d U1 4-1 U1 ro U1 uo >\ ro •ri t ro a--J •• C -0 C ro V
W ri •r-I m -0 n L. -i (n O ro 4-1 2: t V) 4-1 -0 4-1 ro -i (n L. (n 4-1 3 N N O >1•r-I O C
ro > L C 7 L. E m L. LF a) tao L. ro Q 41 C N L. -i a) r-I C t -i C N L. •r-I LA O >1
L. a) •r-I O -p -i 7 7 a) 4-1 � X U1 •r-I U1 -0 a) ro 4-1 a) ro L. U1 -1 O 4-1 0- > O 4-1 •H •H w
4-1 D •r-I 3 Vl ro C , V L. ro N LU -p = > D ro t O 41 ro •r-I E a) L. r1 ro 41 >
ro Vl LF -0 •r-I V N L. Q r1 N ro 4-1 C U1 ro Vl L. -p L. LF ro -P C ro r1 7 LL V ro L.
•r-I N N -0 O r1 }P }P O 00 f]A-C • = ro tao 7 a) L. C ro •r-I X tao Vl •r-I N C 7
4-1 0) 41 r1 r1 J ro ro Vl 4-1 N U C 4-1 Vl 4-1 LA ro C 4-1 -C -C — O V LU C LF LF r1 •r-I Vl
t C •r-I Q L. C: -0O t •r-1 N w w C 3 0 C V 41 N a) •r-I -0 •r-I LF O •r-I Q E
Vl -P W ro E O W L. E -0 4-1 rn LF 4-1 rn 4-1 •r-I O •r-1 L a) •r-I •r-1 • t -0 LF a) • V1 O W E L. W
N -0 > ro L. U) U) U) 4-1 O ro w ro •r-I U) C ro L. U) H 4-1 U) •r-I 41 Vl w w ro w =
}� C •r-I v X L v -p N 4-1 C C O L }-j V ,}-j -C D N L. 3 w w L. w ro w -p ro X +p +p
O •r-I L. U) N -0 C t ro •ri U) C \ ro •r-I U) ro 4-1 >> 7 4-1 of 4-1 ro LA O 41 tao ro r1 (1) (1)
C C Q -0 E •r-I }- E m C V -0 r1 C 41 V C ro LL ro -0 ro Q ro LA ro -p V Vl
N C ro Vl E 7 Q N 41 m 0 •r-I C Q•r-I N C ro O = U = r1 (1) L. •r-I L. V) N U1
-0 O a) •r-I 7 ri C C LF 7 2 U) ro H •r-I -0 •r-I E E -P a) a) 4-1 4-1 N V L. N N N 4-1
•ri w 41 = C d ro O O 3 L C C ro L. ro L. N = V1 O) 4-1 C N > N V1 4-1 tao ro O
r'. 41 •ri ro 4-1 •r-1 N t]A 4-1 4-1 7 •r-I 2 X (1) - L V 4-1 4-1 Vl N L. ro 4-1 Vl O 4-1 ro t U) ro V 0
U ro L. C , LA -P a) L. O ro Vl ro O U) 4-1 7 C C N O L. ro N •r-I ro 4-1 t C 3 •r-I (p
V) V 2: C O • •r-I ro }P ro -p L. V1 = -0 0 N N V O LF (1) 41 C -C 41 C L. -0 4-1 •ri - N
n. •ri D -0 •r-I •r-I U) C ro f]A U) U) 4-1 U) > • U) -0 -C O E ro •ri >> U) 41 ro 7 U) Vl U) C O
LF J U) C ,•ri -0 LA C •ri 4-1 }j Q (1) = 4-1 4-1 -0 (1) V (1) tao L. 1 (1) 4-1 (1) -C rl -C •ri N
L. •r-I d C t 7 •r-I N E U1 U1 •r-I LF ro 41 V D 41 41 N Vl N N N •r-I -0 > ro L. C -C -C -p V m }- N
O Vl •r-I V r1 L. U1 4-1 41 C •H V 7 N ro tao Vl O 4-1 tao L. L. O r1 O 4-1 uo ro •ri m O
Vl ro •ri r1 , Q N > ro L. •r-I 41 •r-I -0 r1 L C ro N E ro ro uo C C 7 w LF r1 C •r-I V t tw N J
ro W= ro N E aP •ri L. O ro C -0 LF •r-I 3 a-j -0 L. ro Vl •r-I •ri Vl > ro U) U1 •ri 3 C r1 LL
n. ri N L. 3 V ri ro N -p Q tao N C , N N N ro N Q N L. 4- ro >> -0 N 3 -0 L •ri Q !�
Q V m ro 0 -0 X -0 V U1 U1 L. -0 •r-I Vl L. m t]A m N V t 7 > tao N L. U1 N U1 Vl C 41 C C N V E O
V) N -0 ,ri ro N N tao L. ro H C N ro ci -C •ri 41 ro C •r-1 N -0 = -0 > N ro ro ro •ri O -0 7 ro
/l• 4-1 \ C V N LF ro -0 L. O Vl \ L. m 4-1 -0 U1 •H LF •H 41 U1 L. -0 V E -o X �
ro H >> O (1) •r-I N tao LF 3 N (1) U) •ri C H U1 m C 41 -0 -0 C •r-1 LF LA4-1 D D C •r-I L. J >1 D O U)
-C CD -i •r-I = r1 t ro N L N 4-1 •r-I }P O m > tao-HV U1 •ri 41 •ri ro C t LA r1 O -0 O LL a) C L. E
4-1 \ a) 4-1 4-1 Q 4-1 3 tao ro > ro LF ro •r-I \ ro , C a) -1 41 ro C 41 —•r-I tao V •r-I C > Q U1 �
r, > ro Q N C -1 of •r-I V }P H L. •r-I ,-i -i t tao a) C •ri U1 C C •r-I a) • L. 4-1
(,•7 L. m •r-I V Vl ro C U1 -C •ri }j }j C 4-1 •ri ro m C a) V a) LF •r-I t]A L. -0 U) -0 C U) -C •ri 7 41 C 7 X C 41 7> O 41 •r-I N •r-I = }P r1 ro V O N C LF V O -0 7 r1 U) 3 -H ro H -0 (1) O 3 4-1 D ro O w w •ri
Q LF m V LF 4-1 w 4-1 •r-I t N •r-I tao N •r-I •r-I m •r-I E -0 Q L. N -0 •ri r1 •ri U1 -C V) L. •r-I C C �
D m N •r-I ro L. Lr) LA ro -p -i -pro -0 In LF H C 7 O E N 3 N •ri -Pro C -P -Pa-1 U1 -0 -HN
tao m r1 Vl V N m tao•r-I > r1 ro L. •r-I Vl •r-I m 7 C L. ro O 4-1 (1) 4-1 ro ro •r-I ro O bD ro t U1 U1 �
C i r1 Vl •ri -C m C N N O V N ro Vl m Q X 4-1 ro ro > ro > V uo L. - � C V -p � LA �
•H 00 O ro -0 3 .-1 � L. E V •H > (.7 r•-I Vl i -0 a-1 (1) L •ri d' D N •ri C � N •ri •ri � 7 N 0
Q r1 (3) V r1 C Vl (1) Q•ri LF Q > V ro 2 (1) X C -0 4-1 4-1 V) L. LF •r-I (1) (1) (1) m r1 LF LF m �
(h •ri H V •ri L. L. Vl -1 4-1 N •r-I Q -1 O 4-1 (1) •r-I N a) 0 V V >> Q•ri 41 41 uo-0 N •r-I •r-I O L. N
N - ro m (1) (1) (1) (1) a- C -C LAC D U) V i t C t 4-1 > (1) (1) (1) LA L. ro 7 I- ro LA w \
pj D > 2: to to 00 -0 -0 V E U) O L. -p V1 O V1 0 tao -0 4-1 ro Q r1 r1 > a) V1 Q O L. r1 r� > to L. a) -0 r N
V) a) D O •r-I (3) E E O ro -P •r-1 a) ro •r-1 a) O U) > •r-I a) a) -0 D LF ri L. W }P ro E Q W V N a) ro ro V) E N
L. J -C -C H 7 7 L. X ro C > C ri C t t t Q (1) Vl C a- (1) O 7 -C ro r1 O U) > C: I- L. ri a) ro 7I-
D O •r-I V D 4-1 41 D 3 H 7 •r-I 7 Q L. V V) L. V V L. ro •r-I �.o Q V >>-0 C �.o Q
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>\4-1 v 4-1 C •-1 v C 41 V C
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> rn c 2: t •ri •ri 3 0 v U v ro -i •r-I
L ro ro 41 U 41 0 3 7 L. 7 41
7 t C r •ri ro C -P i Vl tS m O ro
Vl Vl v m -0 -C U v C O Ln i •ri v -C C
L c E m a) 3 •r-I -10 L a) L M 0 Ln •H
v 3 O C i }P LF Q•r-I a) a) 4-1 H C C 24-1 E
•ri v 2 c-I •ri L. M Q W•ri E aP aP •ri ro i O O tao 3 Vl Vl L.
LF C 3 41 v N O C w ro ro ro LF L i n. •ri •ri C C C r1 ro C a)
4-1 ro V V O N ro L. ro v •ri 41 v v ro ro •ri -0 -C ro t •ri v
C C •ri W LU 7 r1 E (1) c t 1 4-1 C C C 41 7 }P E U V1 M
v -1 O �.o LF 2: v -0 U v L. = v 4-1 4-1 •ri •ri O ro -i v 7 •ri
•r-I •r-I •r-I i-.Q --j = v 4-1 - i ro E E •r-I U U O rn U v
•ri 41 V1 H V1 r1 V) ro L. -0 41 41 •r-I t i E L L -p •ri C 41 ro v tao
C •ri Vl ro 4-1 ro v v Vl U i v v •ri 4- •H •H L ro
41 7 > of ro U •• Vl (1) -P C -0 -P n. •r- � (1) a 4-1 j Ln •r-1 -0 > v 3
ro •ri LL r1 O v >> Ln •r-I U Q t i t v v O Vl , v 41 -1
-C 4-1 M U U -i -1 v •r-1 v v V) 3 4-1 Q rn 4-1 4-1 -0 4-1 ro C
41 U Q L. (1) -1 r� tap r1 n. i ro U U (1) ro •ri O
a1 L 6� a1 L. E ro t m ro LF E C v a) ro -i ro a) 4-1 3 E -P •H
O ro 4-1 v m 3 v v O •ri tao tao U 41 L. 41 •ri 41
v LF O X Ln L = L. ro ro t C •ri •ri Z C C U
a1 2 L LU a) w }- v 4-1 LF 3 3 --j -1 0 -0 E O •r-I 7
C v 41 v 4-1 •ri L = i O L. ro U -0 O L •ri L.
7 C ro 41 ro t v 41 v L. v ri ro -0 O C v 7 4-1 O v 4-1 L. 41
•ri C C ro L M U -0 -1 v 4-1 V) Ln v LF O r-I -0 Vl Vl C -0 7 ro O Vl
Vl ro 7 -P N •r-I E tao Q-o ro i V) .-I tao ri ro r1 >> O ro C C LF C
v C Ln a1 m 7 C E C }P i W U C Vl Uo 4-1 •r-I v •ri v •ri J v m ri O O
+1 •H v rn rn t N 3 c •ri ro D rn U v •ri •ri c ri 4-1 -1 -0 ro > rn > H E rn U o
ro ro tao v V1 v ro 1 4-1 U X O -0 >1 r1 •ri -0 •ri 7 E L. •ri LF Q N L. -p
L E ro -P L 41 — • C 41 D v w v of r1 -0 41 -0 C O C 7 > O m v Vl LF N
v 3 ro v ro >> uo 41 a) O X -0 a) = d -1 L. 7 -p ro •ri = ro >> V) •ri C N 41 v O O
L L •ri U -0 ro C (1) 0 (1) 4-14-1 � ro v Q a) L. LnU -0 M 41 O a) 7 C v LF •ri fvl t -H >, C L. -C ro i V) •ri Ln (1) N v C •ri U -0 0-= N
ro ro v Q-p L. C i J 41 C tao 4-1 v Vl , Vl L. tao L. v 4-1 M a) U N
r1 41 U 41 C v H > v •ri i Q •ri 7 C L. -p U L. w 41 O ro 7 E 7 v L. C J
rn -i D c i u L. (1)•rt rn t c c LU c •r ro c c (1) >, rn 3 O +� +� uo ro LL
C ro , Ln a) � 4-1 LF 7 •ri •ri C >i aP aP E ro O 4-1 a) v > 2 L •ri C ro , L. �
O U L. -0 L. ut • U O ut ro ro a v rn +-1 E •r-1 +1 > D O '- ro +j O 3 rn m O
•ri •ri v v H v v LL v -0 't -i i Q C > •ri v C L. 4-1 ro L. tS tao 0 -0 Q Vl 4-1 C
4-1 Q > 4-1 •ri }P • r1 v v v N w i ro L. X -1 O O ro E 7 v C v C tao L. O M �
ro > v ro v LF ro U LF 4-1 = v Vl m C v Z 7 v •ri LF C Vl d' -i ro M O C v •-1 2 C
U 3 -0 41 •ri L. a) ro 41 Vl 7 N O 4-1 O C Vl M 41 C •ri -0 O U U •ri = Ln 3 E
•ri O Q ro 4-1 6) L. 4-1 ro \ •ri ro i H v C 2 ro O E v LF • -0 C a) -C 41 •ri
LF Ln 2 7 of C v N 0 -0 -0 L. m 41 41 i v ro ro 3 C U L. 41 O Vl ( ro tao V) m Vl O U (1)
•ri (1) (1) tao Q a) v m ro w i Q •ri (1) ro >> O L. ro • m ro (1) = 7Ln -P O -0 ro L V) (1) 4-1 (1) -0 1- U i Z r-I E r i 4-1 r1 V1 a) LF m 3 D N 3 >i-0 4-1
Vl ro -0 4-1 (1) •ri 3 (1) = (1) L. E H •ri L. i H v ro -0 ro L. ro (1) (1) (1) > C C N
ro L a) 4-1 - 4-1 r1 ro 7 m LF (1) •ri (1) •ri -0 L. •ri L. •ri ro (1) O 0)
r1 41 C Q uo C Q C •ri - i or a) 4-1 41 41 L. 7 C U }- �
U a) V O O c D N O E Vt , Vt c LU t •ri a) •ri — >, ro V) O tao c
f]A 7 •ri Q •ri m 4-1 O (1) r1 (1) Vl 7 i � }� C -0 C a) v E U C ro -0 0
Q v ro -0 4-1 Q V) -1 -0 N U +1 ro +1 ro LU ri ri 4-1 > E a) ro •ri E a) �
Nt 3 C (1) i a \ V C -1Ln•r ) l ro ro }� a) a) ro L. -0 L.tao 41
}j O L. v ro 41 m L. a) L. L. -0U U }- i ro C tao C L. 7 Vl ro Ln L O U E
of n. O U +1 > 0-(D v +1 v v 0 LU 2 ro ro ro to 3 •ri ro 4- a) N
L. D Vl ro v v O \ LF ro -0 4-1 a) a) LF O 0 L. > tao C L.
O V) Vl •ri }- L. -0 H a) 4-1 C C t t LF - i Q v C O LF ro a) O •ri
N 4- n. .r 1 -0 V) H a- ro m L. to ro •r-1 H +1 N ro 3 c I u ro -0 ro O '- 0 -0 0f u -0 Q
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t]A N N d LF ro — a) •-1 4-1 II
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r1 LA C •H 4-1 of 4-1 V -0 ro a) II
O C •ri 3 LL ap 4-1 a) 41 ro L. -p II
O E U •r-I C tao a) L. -p •r-I II
LJ •r-1 >> Vl O E a) ro O Vl L. II
N 41 C w L. O) -0 O E 3 > •r-I 3 II
U ro ro N LF N 7 4-1 U1 —r-I ro C II
•r-1 C L. Vl 4-1ro LF •r-I II
4- •H C uo C -0 r1 ro C •r-I E II
LF E a) ro O C a) •r-I }P O L. }P -0
O L = Vl •r-I ro -0 ro Vl •r-I a) a) O Q -0 II
N 4-1 •ri 4-1 E 4-1 4-1 7 C L. II
4-1 -0 ro 00 C r1 ro ro m a) ro II
3 N L. • ro >> r1 E E M Vl = O II
U -0 4-1 N ci U -0 7 L. •r-1 •r-I }P m II
m 3 v ro -0 3 LF O v 3 u
N 7 t •r-I -p C L. L. LF V N L. O Ln II
O a0 Z Vt 4-1 Vt L. O O O Z ro C •r-I t O +1 —1 L Z II
4-1 ro Vl C ro •r-I 4-1 •r-I }-J }-J 4-1 ro ro II
3 L •r-I — O d aP > ro L. >> U ro >> N O L. II
r1 O N C U ro O L. O N >\ ro O L. r1 Q m 0 N II
•ri C C -0 7 C O w Of L. tao 41 -0 D C L. -p 41 41 Q -0 D II
ro O O ro C N •ri L. LL N Vl ro C -0 ro Q Vl U Q 3 ro C II Z
E •r-I •r-I J v m U1 41 U -0 r1 •r-I J v m N 41 •r-I N v J v m II O p
N }j Vl > ci -0 U -0 •r-I O C > H •r-I -0 (0 C C L. N •r-1 > r-I II H 0
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('ARD SOUND ROAD AT TUBBY'S CREEK BRIDGIF,004982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE 490-1984
NON-COLLUSION AFFIDAVIT
of the city of w rvr'% according to law oil riiy oath,and
under-penalty of perjury, depose and say that;
of
V'e ,C k 6a v of the fit-III airl C 0 14 N "V 1L
G'C.gV'V0 A, the bidder snaking the Proposal for the project
described in the lZequest for Coinpetitive Solicitations for:
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT
MOSQUITO CREEK BRIDGE H904984
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
1) the prices ill this bid have been arrived at independently without C011LISi011, cotisultatiori,
Coln III LlrliCati0l] or agreement for the I)III-POSC of restricting competition, as to any matter
relating to such process with any other-bidder or with any competitor;
3.) unless otherwise required by law, the prices which have beery quoted in this bid have not been
knowingly disclosed by the bidder and will Trot knowingly be disclose([ by the bidder and will
not be knowingly disclosed by the bidder prior to bid operiiiig, directly or indirectly, to any
other bidder or to any competitor;, acid
4) no attetiipt has beery made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5.) the st "'clits contained in this affidavit are true and correct, and made with full knowledge
th 0111.0c Co'unty relies upoll the truth of the statements contained in this affidavit in
warditig po i4ctsfbf"said project.
'7 AT
(Date)
STATE OF
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of 11 physical presence or 0 online
notarization, on Al"C, V8111" 202, ;,' -(date) by
6"t�e,'A' L,c)j')e'z,, (name of affiant). 'J-_k ,She is personally.kjynyq,to me or bas
produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission expires: -2,02,
=DANIEL SANCHEZ Sta t 0 0 t Florida
'5 0
N 0 t a ry P
olary PWIc-State of Florida
C Co I H 7 2 ommission 0 HH 570025
M C I expires
I res
y 0 mmls 5 n my Commission Expires
j 1 1 1 202 8
July 11, 2028
Julie 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD ATINIOSQUITO CREEK BRIDGE 4904984
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-19901
MONROE COUNTY, FLORIDA
it
(Company)
warrants that it has not employed, retained or otherwise had act oil its belialf arty former County office]-or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COL111ty officer Or
eiiiptoyce in violation of Section 3 of Ordinance No.'04,0-,f990. Foi- breach of- violation of this provision the
CO1111ty may, in its discretion, terminate this contq0t, NvIthout liability and may also, in its discretion, deduct
froni the contract or purchase price, or other I cover, t1l"lle,llttf��1110 nt of any fee, commission, percentage,
gift, or consideration paid to the former offic ot" ploye
17
(Date)
Z gnh 4e
STATE OF: w u
,
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of 111"physical presence or 0
online notarization, on (L �.c> (date)
by (name of affiant). Ijp/She is pqrsonaj,ly
known to me or has produced 3 4- (type of identification) as
identification.
...........
111111`5�._ c-
NOTARY PUBLIC
My Commission Expires: 07
DANIEL SANCREZ
Notary Public State of Florida
0 6
�n(I Z-1
Commission# HH 5]70026 )3 A�k'
pi re]s
My Commission Expires
July 11, 2028 NOTARY PUBLIC
My commission expires.. 61 II
.trine 2025 BID PROPOSAL 00110
CARD SOUND ROAD ATTUBB)"S CRVEK BRIDGE 4904982 AND CARD SOUND ROAD ATINIOSQUITO CREEK 1I1111)(;E id904984
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
(Name of Btisitiess)
I. Publish a statement notifying cinployces that the iinlawfid niantifacttire, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace all(] specifying the actions
that Nvill be taken against ernployces for violations of such prohibition,
2. Inforril such employees about the dangers of drug abLISC in the workplace, the business's policy of
inaintaining a ding-free workplace, any available drug counseling, rehabilitation, and eniployce
assistance programs, and the penalties that inay be imposed tipon employees for drug abuse violations.
I Give each employee engaged in providing the commodities or contractual services that are wider bid a
copy of the statement specified in subsection (1).
4. In the stateiricilt specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual set-vices that are under bid, the employees will abide by the terms of
the statement and will notify the employer-of any conviction of, or plea of guilty or nolo contendere to,
ail), violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States
or any state, for a violation OCCUrrilIg in the workplace no later than five(5)(lays after such conviction.
5. Impose a sanction oil or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the eiriployce's corrimunity, or any employee who is so
convicted.
G. Make a good faith effort to continue to maintain a drug-fl-Ce workplace through iniplenientatioll of
this section.
4'� )0
As a person authorized to sign the statenient, I certify that this firmconlpflq illy with (1 "above
l�' ".1-equireirtelits.
I e s
STATE OF:-
COUNTY
Subscribed and sworn to (or affirmed) before ine, by means of Ma�physical presence or 0 online notarization,
Oil '1,S""' (date) by (name of
affiant). lie/Slic is peispjjgjjy LJ
_)k!jqwyj,jo ine or has produced
(type of identification) as idcntiBcation.
DANIEL SANCHEZ NOTARY PUBLIC
.�"o dry Notm Pubfic-stato of Florida
QR Commission# HH 5,70025
my commission Expirosy C
7
Vloniiiiission Expires: zm
July 11, 2028
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD A,r T1111131"S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT IMOSQUITO CREEK BRIDGE M90-11984
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
Of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list,"
I have read the vo"and state fliat neither P-o%�,ej� Luee 7-- (Proposer's name)
nor any ate lI by
H On the convicted vendor list within the last 36 months.
4
00,
(S`ignature) (Date)
STATE OF:
COUNTY OF: OCQ,3,e-
Subscribed and sworn to (or affirmed) before me, by means of M physical presence or El online
notarization, on the I "'day of
_j_, 2025, by
I'd
0 a f"z., (name of affiant)._jj /She is personally known to me or
has produced tjN f (type of identification) as
identification.
e.,R
My Commission Expires: on m1 ?, C>
NOTARY PUB11C
DANIEL SANCHEZ
Notary Publlo-State of Florida
Commission 0 HH 570025
P$-
My commission Expires
July 11, 2028
June 2025 BID PROPOSAL.. 00110
CARD SOUND ROAD ATTIAMA"S CREEK BRIDGE#904982 AND CARD SOUND ROAD A-1-MOSQUITO CREEK 11111DGE#904984
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):� , C'r.J,
u. �Lc�c ci
ca,-
Despondent Vendor Name:
Vendor FEIN: ',5 1`1- k I'S-2-
,
Vend or's Authorized Representative Name and Title: -Y
Address: �N,)-('o
City: i a'rr%a, State: zip:
Phone Number: (I cs,r) 3'A b
Ernai I Address: 00�Yl
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting
or reneNval, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215,4725, Florida Statutes, or is engaged in a Boycott of Israel, Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or
renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector Lists which were created pursuant to s. 215,473, Florida Statutes, or is
engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company
identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or
more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business
operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to
Dave submitted a false certification or has been placed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or
been engaged in business operations in C Syria.
Certified By: who is
authorized to sign on behalf o e above c ,(k6ornpany.
Authorized Signature,
Print Name: All
Title: (-,51,V C�j4%V"(, C`Its rv,\a V
Note: The List are available at the following Department of Management Services, Site:
f-CO-tlu)L�,.a�.iii.ts,,-vetidor lis�s
Jime 2025 BID PROPOSAL 010 t 10
CARD SOUND ROAD Al""TUBBY'S CREEK BRIDGE#904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE 9904984
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/VendorName:
Vendor
FEIN:
Vendor's Authorized Representative 4610,�r .!� 6'vovr"air)
(Name and Title)
Address: — 14?�!5() 14
City: i'iva;y % — State: f-,c_ —zip:
Phone Number: C-3cs")
Ernail Address: ck s a I. a a;a Ova I
As a nongovernmental entity executing, renewing, or extending a contract with a government entity,
Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use
coercion for labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person
without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any, person when labor or services
are pledged as a Security for the debt, if the value of the labor or services as reasonably
assessed is not applied toward the liquidation of the debt, the length and nature of the
labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to
any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of peijury that Vendor
does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor
has reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
Certified By:
who is
authorized to sign on behalf of ty o e refeo: 'dd c Deny.
Authorized Signature:_ . ......
Print Name:
Title: e,e. %r C' c �(t n
Jude 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT Tt➢IIBY'S CREEK BRIDGE N904982.�AND CARD SOUND ROAD AT MOSQUITO C;RFFK BRIDGE'4904984
Minority Owned Business Declai-ation
C.,' LUC_. , a sub-contractor engaged by Monroe County during the
completion of work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288.70�3, Florida
Statutes.
F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection (6)(see below)
which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at Feast 5 1-percent-
owned by minority persons who are members of an insular group that is of a particular racial„ethnic, or gender makeup or
national origin, which has been subjected historically to disparate treatment due to identification in and with that group
resulting in an urnderrepresentation of commercial enterprises under the group's control,and whose management and
daily operations are controlled by such persons"A minority business enterprise may primarily involve the practice ofa
profession. Ownership by a minority person does not include ownership which is the result of a transfer from a
noraminority person to a minority person within a related immediate family group if the combined total net asset value of
all members of such family group exceeds$1 million. For purposes of this subsection,the tern"related immediate fancily
group"nrcans one or more children under 16 years of age and a parent of such children or the spouse of such parent
residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
feNver permanent full-time employees and that,together wvith its affiliates,has a net worth of not more than $5 million or
any firm'based in this state which has a Small Business Administration 8(a)certification. As applicable to sole
proprietorships, the$'5 million net worth requirement shall include both personal and business investments.
Contractor may refer-1 F.S. 288,303 for more information..
Contractor e,0
Date:_ t.
ignalure °��. F
w�
Print Name: ���
f
Title: C'C 4-%gee, V%4%kv,rv'o'v.w
Address: i ,�r::r ,. J live n,,,vc,
City/State/Z11) H t�ivy ,.. (''U i (2
For Monroe County Verification:
Title/OMB Department:
Verified via: https://osd.dms.myflorida.com/directories
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD ATTLIBBY'S CREEK BRIDGE#904982 AND CARD SOUND ROAD AT MOSQUITO CREIEK 13RIDGE#9'049,84
STATEOF FWRVA CEPARMEWOF TRAHEFCRTATM 275-ma. b
EQUAL 0PFMTU)VTY OfFICF
DBE BID PACKAGE INFORMATION 07,74
Fage 102
DBE Wilization
The Department began its DBE race netitral program January 1,2000- Contract specific goals are not
placed on. FecterallState contracts; however,the Department has an overall 10.54% DBE goal it must
achteve. In order to assist contractors in determining their DBE commitment level', the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor Potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department,inforrnabon will be requested of the contractor"&DBE
participation for the project.. While the utilization is not mandatory in order to be awarded the project,
continuing utiftatfon of DBE firnis on contracts supports the success of Florida's DBE Program,, and
supports contractors'Equal Employment Opportunity and DBE Affirmative Action Programs_
Anyproject listed as 0% DBE availability does not mean,that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities,minimal contract days, andlor small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the:Equal Opportunity Office at(85D)414-4747 if YOU have any questions regardlingl this
information.
DBE Reporting
It you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre-construction or pre-work conference for all federal and state funded!
projects. This,will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. Durina the contract.,the prime contractor is required to
report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity
Compliance(EOC)system_
AllD BE payments must be reported whether or not you initially planned to utilize the company. In order for
our race neutral DBE Program to be successful,your cooperation is imperative. It you have any questions,
please contact EOOHelp@dot_sIate_f1_us_
Bid Opportunity Lis
The Federal DBE Program requires Slates to, maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must Include all firms, that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects,including both DBE's and non-DBEs.,
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system,within 3
business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted!
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is:htip -/Iwww,fdot.aov,/eaLtaloDricirtuinity/eoc.shtni.
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE.#904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE;#904984
STATE Of!FL0Fk10A0GPARnAr',trof TRAN£PMTAr60N 274-03D-11
DBE BID PACKAGE INFORMATION EQUAL OFFORTWTYO
Page 2 Cr 2
DBE/AA Phil`s
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Acuon Plan(FDOT Farm
275-030-11 B)on file with the FDOT Equal Opportunity Office before execution of a contract.DBE/AA Plans
must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of
the contract_
Plans are approved by the Equal Opportunity Office In accordance with Ch. 14-78,Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3)three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer andlor President Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
• Print the first page of the document on company stationery ('letterhead') that indicates the
company's name,mailing address,phone number,etc.
• Print the company's name in the a °space:next to'Date'print the monthlday/near the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to'by'and print the full first and last name and position title of the
official sagging the policy.
• Print the DBE Liaison's full name,email address,business mailing address and phone number
the bottom of email
E-mail the completed and signed DBE AA Plan to: ee0f0rmS(M'd0t.State.fl.US.
The Department wilt review the policy,update department records and issue a notification of approval or
disapproval;a copy of the submitted plan will not be returned to the contractor.
Jane 2025 BID PROPOSAL 00110
STATE of FLORMA DEPARTMENT oF Twspon FATION 375-030-31
AFFIDAVIT REGARDING LABOR AND SERVICES PROCUREMENT
07Y24
Effective Ally 1, 2024, pursuant to §787,06(13), Florida Statutes, when a contract is MCLIted, renewed, of'
extended between a riongoverniriental entity and a govertilriental entity, the nongovernmental entity must
Provide the governmental entity with an affidavit signed by ail officer or a representative of the
tiojigovernniental entity tinder penalty of peiJury attesting that the nongovernmental entity does not use
coercion for labor or services.
Nongovernmental Entity's Nance:
Address:
L Ave 'Po-„,u Fu s
Phone Number: !!,'4 e)0
Authorized Representative's Nanie: i?4AJIIPWIA L"r
Authorized Representative's Title:
Email Address: k'.)Vj Q..r,e, o"s 0, c
AFFIDAVIT
1, insert nomeovernmenkil enlL&s quihorizeel represewylApe iiaiiie, as authorized representative attest that
hisert wm-,overw)iewq1 ewity's imppedoes not use coercion for labor or services as defined in §787.06,
Florida Statutes.
Under penalty of pe y, I declare that I have read the foregoing Affidavit and that the facts stated in it
are tare"
oz,
p,escritative)?Anatt;'re'of author Date
14,
STATE
COUNTY OF
Sworn to(or affirmed)and subscribed before ine, by nicans of Ml'physical presence or nonline notarization, this
roV,T"' clay of Arc� � (year), by P'6bew"A
DANIEL SANCHEZ
Not",i
...... pubjjcStato of Florida
Not a ry
Commission# HH 670025
2c,2,8 my commission Expires
Commission Expires ",, 1 110 July 11, 2028
Personally Known P"6R Produced Identification D
Type of Identification Produced
CARD SOUND ROAD ATTUBBYS CREEK BRIDGE 00-1982 AND CARD SOUND ROAD ATmosQui,ro CREEK Bill DGE#904984
STATE OF FLORIDA DEPARTWJIT OF TRANSPORTAT" 37"30-32
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROGUREMEW
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with:2 CFR Parts 1180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.
\
Name of Consultant/Contractou 6 ce, tv%,J
By�
Date:
Title:
Instructions for Certification
Instructions for Certification-Lower Tier Participants:
(Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to,
cost$25,000 or more-2 CFR Parts 180 and 1200)
a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below.
b.The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was
entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Government,the department,or agency vAth which this transaction originated
may pursue available remedies,including suspension and/or debarment.
c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal Is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of'changed circumstances.
d,The terms"covered transaction,""debarred,""suspended,""Ineligible,""participant,"'""person,""principal,'"and"voluntarily
excluded,'as used in this clause,are defined!in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered
transaction between a grantee or subgrantee of Federal fund's and a participant(such as the prime or general contract).'Lower
Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts).
"First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered Into a
covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers).
a.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter Into any lower tier covered transaction,with a person who Is debarred,suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or
agency with which this transaction originated.
f.The prospective lower tier parlicipant further agrees by submitting this proposal that it will Include this clause titled
"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,'without
modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
9.A participant in a covered transaction may rely upon a certification of a prospective,participant In a lower tier covered
transaction that is not debarred!,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that
the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or
otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any
lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System website
(https://www.epls.gov/),which is compiled by the General Services Administration.
h.Nothing contained in the foregoing shall be,construed to require establishment of a system of records in order to render in
good faith the certification required by this clause.The knowledge and information of participant Is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings,
1.Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly
,enters Into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
participation in,this transaction,in addition to other remedies available to the Federal Government,the department or agency
with which this transaction originated rnay pursue available remedies,Including suspension and/or debarment.
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD ATTUBBY'S CREFK 1311IDGE 9904982 AND CARD SOUND ROAD ATMOSQUffO CREEK BRIDGE 0904984
ankm cr FLoRpaA DEPMnJSqT0FTKWFCRTAT"i FROckpM 27-5-030-13
AEW
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 01124
ON FEDERAL-AM CONTRACTS
(Cornpliance with 49CFR, Section 20.100(h))
The prospective participant certifies,by signing this certification,that to the best of his or her knowledge
and belief.
(1) No Federal appropriated funds have been paid or will be paid,by aron,behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of an agency,a Member of
Congress,an officer or employee of Congress,or an employee of a,Member of Congress in connection
with the:awarding of any Federal contract,the making of any Federal grant,the making of any Federal
loan,,the entering into of any cooperative agreement,and the extension,continuation,renewal,
amendment,or modification of any federal contract,grant,loan,or cooperative agreement-
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any persan,for
influencing or attempting to inifluence 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 this
Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and sukimit
Standard Form-LLL,'Disclosure of Lobbying Activities",in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,
loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a materiall representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering!Into this
transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$110,000 and not more than$100,000 for
each such failure.
The prospective participant also agrees lby submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant:
rl'l r
0
By:
Authorized Si!gnature: zr�l
X ,
The:
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD ATTUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD A'r mosmirro CREEK BRIDGE 0904984
CONFLICT OF INTERESTICONFIDENTIALIITY CERTIFICATION
FOR CON SUI LTAN TICONTRACTOR/TECH NICAL AD V I SORS
11 certify that 11 have no present conflict of Interest,that I have no knoviledge of any confict of interest that my firm may have,and that 1 Y411
recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contact if 11 have a conflict of interest or
a,palent"at conflict of interest
Consuftantsr-ontractors are expected to safeguard their ability to make objective,fair,and impartal dedsSons,vhoen performing work for the
DepaAment,ard therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that
the benefit was intended to influence a pending or future decision of emirs,or to reward a past decision.Consultants performing work for the
Departnwnt should:avoidany conduct(Whether In the context of business,finanoial,or social)relationships)whichi might undermine the public
trust,,whether or not that conduct is unethical or lends fts,W to the appearance of ethical impropriety.
I will maintain the confidentiality of a,1 information not made puNic by the Florida Department of Transportation r0epartmanC)related to,the
procurement of the above-ref4renced(T(ciecr)that I gain access to as a result of my involvement with ft P'rojed CProcurement
Worniagion').T understand!that Procurement Information includes,but is not firrited to,doc:umerAs prepared by or for the Department related to
procurenwnt of the Project.I also understand that Procurement Information includes,but is,swot limited to,documents,submitted to the,
Departrr*nt by entities seeking an award of the Project('Proposers*).I understand that Procurement Information may include documents
submitted by Proposers related to letters of responseVietters of interest,teohniccal pmposals,price proposafs,financial proposals,and
information shared during exempt meetrigs.I also understand!that Procurement Informa6on may also include docunwrits that evaluate or
review documents submitted by Proposers,and Information regarding Project cast estimates.I also agree not to discuss the Project wfth
anyone who is a,member of or acting on,behalf of a Proposer.
UNess so,ordered by a court of competent jurisdiction or an opinion of the Office of the F"a Attorney Generat.I WAl not divulge any
Procurement information except to individuals who have executed a Conflict of triterest/ConMenbafty Certifiwbon which has,been approved by
the Department('Project Personnel"'),I understand that a list of Project Personnel w511 be maintained by Department If I am contacted by any
member of the public or the media With a request for Procurement Information,I will prompdy forward such request to the Department's
Procurement Office.I will also maintain security and control over all documents containing Procurement Irdonnallon which are in my custody.
I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything ofvalue front any firm under,consideration
for an agreement associated with the Profect,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or
applicable to the Department or may othervAse be a,violation of the law.
11 agree not to engage in bid tarripefing,pursuant to Seebon 838.22.Florida Statutes-
I realize that violation of the above nwrftned standards could result in the termination of my work for the Department Uhwrther realize that
violation,of the above mentioned statute would be punishable in accordance vAth Section 838.22,Florida Statutes..
AdvertisementNod Description Financial Project Number(s)
Solicitation No IJ
Each undersigned individual!agrees to the terms of this Conflict of InteresVConfidentiality,Cerfifeation.
Printed Names Signatures Date
...........
June 2025 BID PROPOSAL 00110
CAIM SOUND ROAD A'I'TUBBYS CIIEEK BRIDGE#904982A1ND CAIM SOUND HOAD A'I'MOSQUI-1-0 CIMEKIMIDGE 111904984
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 315-M-34
MENT
DISCLOSURE OF LOBBYING ACTIVITIES PROCURE 02116
Is this form applicapfe to your firm?
YES D NOV'
If 170,then please complete section 4
below for'Prime"
1.Type of Federal Action* 2.Status of Federal Action: 3.Report Type:
a.contract a.bid/offer/application a.initial filing
b.grant b.initial award b.material change
c.cooperative agreement c.post-award For Material Change Only:
d.loan Year:- Quarter:
a.loan guarantee Date of last report:
f. loan insurance (mrnfdd/yyyy)
4.Name and Address of Reporting Entity; 5. If Reporting Entity in No.4 is a Subawardee,Enter Name and
[D"Prime El Subawardee Address of Prime:
Tier if known:
�tsq'71olp' CZ.17_1
q,p Z �e V
(,yjJ t,,A
3 5 11 t7
Congressional District,if known:4c Congressional District,if known:
6.Federal DepartmentlAgency: 7, Federal Program Name/Description-,
CFDA Number,if applicable:
8. Federal Action Number,if known: 9.Award Amount,if known.*
10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if
(if individual, last name,first name, Ml): different from No- 10a)
(last name, first name, IWO:
11. information requested through this form Is authorized by tire 31
U.S.C.section 1352.Thfs dis closure of lobbying activities Is a Signature:
mateda$representation of fact upon wbl,ch reliance was placed
by the der above when this transaction was made or entered
into.This disclosure is required pursuant to 31 U.S.C.1352. Print Name:
This Information will be available for public inspection.Any
person who falls to file the required dlsclosure shall be subject Title:
to a civil penafty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: _T,%Z'S'i 8�,) Date(mmldd/yyyy):
Authorized for oduction
Federal Use Only: Standard FormLocal LLL Repr 7-97)
June 2025 BID PROPOSAL, 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 004982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE,9904984
375-4311-34
PROCUREMENT
04I14
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF•LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the
initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.
section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname,address,city,State and zip code of the reporting entity.Include Congressional District, if
known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime
or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization fling the report in item 4 checks"Subawardee,"then enter the full name,address,city,State
and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name,it known.For example,Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement number;the contract,
grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include
prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter
the Federal amount of the awardfloan commitment for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).
Enter Last Name, First Name,and Middle Initial(MI).
11. The certifying official shall sign and date the form,print his/her name,title,and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of Information unless it displays a
valid OMB CoMro€Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this
collection of Information Is estimated to average 10 minutes per response,Including time for reviewing Instructions,searching existing data sources,
gathering and ma€ntaWng the data needed,and completing and reviewing the collection of information.Send comments regarding the burden
estimate or any other aspect of this co4lect€on of information,including suggestions for reducing this burden,to the Office of Management and
Budget,Paperwork Reduction Project(0346-0046),Washington,DC 20503.
Julie 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE#904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE#904984
STATE OF FLOROA DEPARTMENT OF TRAP SFORTATE0?4 $25-010-48
LW4AGEM ENT
LAP CERTIFICATION OF CURR PROGRAM:ENT CAPACITY 09V20
Forge 1 f2
CONFIDENTIAL per Ch 337.14(1),F:S.
Fill in your FDOT Vendor Number
For bids to be received on Z 2, r ( <- '?
(Cetting Date) VF L:.j - I �I -17,
(Only applicable to FDOT pre-qualifi:ed contractors)
CERTIFICATE
I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed tile amount
of the Firm's CURRENT CAPACITY(maxifflUrn capacity rating less total uncompleted work).
The total uncompleted work as shown on
the'Status of Contracts oil Hand"report(page 2) $ 6 7
I further certify that the'Status of Contracts oil Hand'report(page 2)was prepared as follows:
1. If the letting is before the 2501 day of the month,the certificate and report reflect the uncompleted work as of the-151h
day of the,month,, lost preceding the month of the letting.
2. If the letting is after the 25th'day of the month,the certificate and report reflects the uncompleted work in progress as of
the '15th day of the month of tile letting.
B. All new contracts(and subcontracts)awarded earlier than five days before the letting dat,Acite iincluded in the report
and charged against our total rating.
C,
(re
I certify that the information above is correct. NAM tl
Sworn to and subscribed this day, By:
of ',Of C L I 0,�, r
20 7 a,,
June 2025 BID PROPOSAL 00110
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CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT 1\IOSQUITO CREEK BRIDGE 4904984
E2101643
FRdvWW UA44a51t-Nf '.
STATUS OF CONTRACTS ON HAND ca a
P."2W]
(Furnish oomptete information about all your contraots,whether p4me or subcontracts;
whether in progress or awarded,but not yet begun;and regardless of whom contracted with.)
1 2 3 4 5 6
UNCOMPLETED AMOUNT TO BE DONE
PROJECTS CONTRACTOR AMOUNT BALANCE OF BY YOU
OWNER,LOCATION AND DESCRIPTION SUBCONTRACT) SUBLET CONTRACT
AMOUNT TO OTHERS AMOUNT AS PRIME AS
CONTRACTOR SUBCONTRACTOR
NOTE: Cdumns 2 and 3 to show total contract(or subcontract)mounts. Column 4 to be difference TOTALS $0.00
between columns 2 and 3.Amount in columns 5 or 6 to be uncompleted portion of amount in column 4.AN
amounts to be shown to nearest$10D. The Contractor may consolidate and list as a single Rem a® UNCOMPLETED WORK ON
NC
contracts which,endsvidua�r,do not exceed 3%of total,and which,in the aggregate,amount to less than HAND TOTAL U TO BE DONE BY YOU .00
20 of the total. (TOTAL COLUMNS s AND 6)
hine 2025 BID PROPOSAL 00110
CARD SOUND ROAD Al'TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD A'I'1N10SQtJ11'0 CREFK BRIDGE 0904984
STATE OiF FLOARM 0WARYMEW OF TRMSPORTATION 57546- .13
Y
NON R161irOPWA
-COLLUSION DECLARATION AND MAI
COMPLIANCE WITH 49 CFR§29 Pam'of 3
ITEMISEGMEN'T NO.:
F.A.P.NO,:
MANAGING DISTRICT:
PARCEL NO.:
COUNTY OF:
BID LETTING OF:
2- hereby declare that I am
(NAME) L
(TITLE) (FIRM)
of t 0
(CITY AND STATE)
and that I am the person responsible within my firm for the final decision as to the price(s)and amount of this Bid on this
State Project.
I further declare that:
1. The prices(s)and amount of this bid have been arrived at independently,without consultation,
communication or agreement,for the purpose of restricting competition with any other contractor,bidder or potential
bidder.
2. Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a
bidder or potential bidder on this project,and will not be so disclosed prior to the bid opening,
1 No attemipt has been made or will be made to solicit,cause or induce any other firm or person to refrain from
bidding on this project,or to submit a bid higher than the bid of this firm:,or any intentionally high or non-competitive bid or
other form of complementary bid.
4. The bid of my firin is made in good faith and not pursuant to any agreement or discussion with,or
inducement from, any firm or person to submit a complementary bid.
5. My firma has not offered or entered into a subcontract or agreement regarding the purchase of materials or
services from any firm or person,or offered, promised or paid cash or anything of value to any firm or person,whether in
connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain
from bidding or to submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other project, in consideration for My firm's Submitting a complementary bid,or
agreeing to do so,on this project.
7. 1 have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firms bid on this project and have been advised by each of them
that lie or she has not participated in any communication,consultation,discussion,agreement,collusion,act or other
conduct inconsistent Nvith any of the statements and representations made in this Declaration.
8. As required by Section 337,165, Florida Statutes,the firm has fully informed!the Department of
Transportation in writing of all convictions of the firm, its affiliates(as defined in Section 337.165(l)(a), Florida Statutes),
and all directors,officers,and employees of the firm and its affiliates for violation of state or federal antitrust laws with
respect to a public contract or for violation of any state or federal law involving fraud,bribery, collusion,conspiracy or
material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees
of the firm or affiliates who were convicted of contract crimes while in the employ of another company.
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD ATTUBBY'S CREEK BRIDGE B904982 AND CARD80UND ROAD ATINIOSQUITO CREEK BRIDGE#904984
ga
f.
MGHTOFWAY
0M)J
Page 2 of 3
9. 1 certify that,except as noted below,,neither my firm nor any person associated therewith in the capacity of
owner,partner,director,officer,principal,investigator,project director, manager,auditor,and/or position involving the
administration of Federal funds:
(a) is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded
from covered transactions,as defined in 49 CFR§2�9.1 1 0(a), by any Federal department or agency;
(b) has within a three-year period preceding this certification been convicted of or had a civil judgment
rendered against him or her for: commission of fraud or a criminal offense In connection with obtaining,
attempting to obtain,or performing a Federal,State or local government transaction or public contract-,
violation of Federal or State antitrust statutes;or commission of embezzlement,theft,forgery, bribery,
falsification or destruction of records,making false statements or receiving stolen property;
(c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local
governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this
certification;and
(d) has within a three-year period preceding this certification had one or more Federal,State or local
government public transactions terminated for cause or default.
10. I(We),certify that I(We),shall not knowingly enter into any transaction with any subcontractor,material
supplier, or vendor who is debarred,suspended,declared ineligible,or Voluntarily excluded from participation in this
contract by any Federal Agency unless authorized by the Department.
Where I am unable to,declare or certify as to any of the statements contained in the above stated paragraphs
numbered(1i)through(10), 1 have provided an explanation in the"Exceptions"portion below or by attached separate
sheet.
EXCEPTIONS:
(Any exception listed above will not necessarily resil�!�denial"of Awhrd'•tul will be considered in determining
bidder responsibility. For any exception noted, indicate and dates of agency action.
Providing false information may result in criminal prosecati:on,ror-�l/,or adininisirafivel sanctions.)
I declare under penalty of perjurythat the foregcrjp �s,true and correct.,
CONTRACTOR: (Seal)
BY: Yoe,7", ioe,e",1-,)x
Po VVITMSS:
N
BY. WITNESS:
u E
Execul:4 on this day of
FAIL ORE TO FULL Y COMPLETE A ND EXECU TO THIS DO CUMENT
MA Y RESUL T IN THE BID BEING DECLARED NONRESPONSIVE
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE P904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE#904984
s7soso-�3
Rr,Hi OF WAY
QS'Ot
PVO3of3
REQUIRED CONTRACT PROVISIONS
This certification applies to subcontractors,material suppliers,vendors and other lower tier participants.
-Appendix B of 49 CFR Part 29—
Appendix B—Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transactions
Instructions for Certification
1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with
which this transaction originated may pursue available remedies,including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,"
"participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this
clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations_
5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded
from participation in this covered transaction,unless authorized by the department or agency with which this transaction
originated.
6_ The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled"Certification Regarding Debarment,Suspension,ineligibility and Voluntary Exclusion--Lower Tier Covered
Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered
transaction knowingly enters into a tower tier covered transaction with a person who is suspended,debarred, ineligible,or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government,the department or agency with which this transaction originated may pursue available remedies,including
suspension and/or debarment.
Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals
is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntary excluded from participation in
this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
hire 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE#904984
SECTION 00110
Bid Bond
General Asphalt Co.,LLC
KNOW ALL MEN BY T14ESE PRESENTS, that we 4850 NW 72 Avenue,Miami,FL 33166
(Here insert fit]]narne and address or legal title of Contractor)
Berkshire Hathaway Specialty Insurance Company
as Principal, hereinafter called the Principal,and 1314 Douglas Street,Suite 1400,Omaha,NE 68102-1944
(Ifere insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of Nebraska
Monroe County
as Surety,hereinafter called the Surety,are held and firmly bound unto 1 10�O Simonton Street,Key West, FL 33040
(Here insert trill name and address or legal title of Owner)
as Obligee, hereinafter called tile Obligee, in the sum of Five Percent of Amount Bid
Dollars($5%of Amount Bid
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents.
Card Sound Road at.Tubby's Creek Bridge#904982 and Card Sound
WHEREAS, the Principal has submitted a bid for Road at Mosquito Creek Bridge#904984,Monroe County,Florida
(Here insert full name.address acid description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect.
Signed and sealed this 14th —day of August 20 25
Gene4 Asphj t 8,LLC M,
(Witness) (Pri (Seal)
00,
(Title)
BerkshirellfialV avf6l'ySpecially Insurance Company
(Witness) Haky4amforcl (Seal)
(Title) Charles J.Nielson,Attorney4n-Fact
June 2025 BID PROPOSAL 00110
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 8904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE 4904984
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
Insurance Reguirement Limits
Worker's Compensation Statutory Limits
Employer's Liability WC3 $1,000,000/$1,000,000/s 1,000,000
General Liability GL5 $3,000,000 Combined Single Limit
GLXCU *Required Fndorsernent Underground, Explosion,
and Collapse(XCU)
Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence
(Owned, hired and $100,000 Property Damage
Non- owned Vehicles) or
$1,000,000 Combined Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all these requirements.
All insurers shall have an A,K Best rating of V1 or better and shall bp,ticensed to do business in the state of
Florida.
0000u
010,
General Asphalt Co.,LLC J,
Name of Brashness S' natiiV' Date
June 2025 BID PROPOSAL 00,110
mull 52924
fierksbire 1-lathaway
Specialty Insurance
NINE=
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY
NATIONAL INDEMNITY COMPANY I NATIONAL LIABILITY&FIRE INSURANCE COMPANY
Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under 3;
and by virtue of the laws of the State of Nebraska and having an office at one Lincoln Street,23rd Floor,Boston,Massachusetts is
02111,NA,[ a corporation existing under and by virtue of the laws of the State of Nebraska and having an
office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY a corporation existing
under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place,Stamford,Connecticut 06902
(hereinafter collectively the"Companies"),pursuant to and by the authority granted asset forth herein,do hereby name,constitute and
appoint:Charles J.,Nielson.Shawn Burton,David Hoover,Charles D._NIeIsojb,jALya Mosholder.Michael Mover,15-050-0 79!h-0481
Sulte200, of the city of MjA LLqMsFlorida,their true and lawful I attorney(s)-in,-fact to make,execute,seal,acknowledge,and,SMtq 91 FjIqrWp[ E
deliver,for and an their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory
in the nature thereof,In pursuance of these presents,the execution of which shall be as binding upon the Companies as if it has been
duly signed and executed by their regularly Owed officers In their own proper persons,This authority for the Attorney-in-Fact shall be
limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof,
In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals
of the Companies have been affixed hereto this date of August 24,2023.This Power of Attorney is made and executed pursuant to
and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY
INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,which are in full
force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following seals of the Companies
and signatures,by an authorized officer of the Company may be affixed by facsimile or digital format,which shall be deemed!the
equivalent of and constitute the written signature of such officer of the Companies and original seals of the Companies for all E
n
purposes regarding this Power of Attorney,Including sad�sfattion of any signature and seat requirements orw any and all undertakings,
bonds,or other such writings obligatory In the nature thereof,to which this Power of Attorney applies.
E
BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY,
INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY,
By: By:
David Fields,Executive Vice President David Fields,Vice President 9
SFAL
A 9 4
b
NOTARY 6 SO
State of Massachusetts,County of Suffolk,ss!
On this 24th day of August,2023,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY
INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,
who being duly sworn,,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the *6
Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of
directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed
said instrument in that capacity of said Companies.
(Notary Seal]
4 4
JOHN C. SKINNER
NoWy Nbk, Notary Public
CaTamwealth Of ma"Mmas
CoMn*W ExPli"OS Jani-I81Y 22,2027
..............
1,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY
COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies which Is In full force and effect and has not been revoked,IN TESTIMONY
WHEREOF,see hereunto affixed the seals of said Companies this Auggst'r1_4,24J25.
S EC OA o I
A
4y PON
SEAL R
Ralph,Tortorella,Officer
BHSIC,NICO&NLF POA(2023)
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT'MOSQUITO CREEK BRIDGE 004984
SECTION 00163
PRE-BID SUBSTITUTIONS
PART I -GENERAL
1.1 DOCUMENT INCLUDES: Pre-Bid Substitutions
1.2 BIDDER'S OPTIONS
A. For products specified only by reference standard, select product meeting that standard, by any
manufacturer.
B. For products specified by naming several products or manufacturers, select one of products
and manufacturers named which complies with the Technical Specifications.
C. For Products specified by naming several products or manufacturers and stating "or
equivalent", "or equal", or "or Architect/Engineer approved equivalent", or similar wording,
submit a request as for substitutions, for any product or manufacturer which is not specifically
named for review and approval by the Director of Engineering Services.
D. For products specified by naming only one product/manufacturer, there is no option and no
substitution will be allowed.
1.3 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
1. Substitutions for products may be made during the bidding by submitting completed
substitution request form and substantiating product data/]iterature a minimum of ten
calendar days prior to the Bid Date to the Director of Engineering Services.
2. The Director of Engineering Services will consider requests utilizing this section from
the Bidder for substitution of products in place of those specified.
3. Those submitted 10 calendar-days prior to Bid Date shall be included in an addendum
if acceptable.
4, Substitution requests may be submitted utilizing a facsimile machine (FAX) if
substitution request forms and substantiating data are submitted.
B. Submit separate request for each substitution. Support each request with:
l. Complete data substantiating compliance of proposed substitution with requirements
stated in Contract Documents:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature, identifying:
I. Product description.
2. Reference standards.
June 2025 PRE-BID SUBSTITUTIONS 000163
CARD SOUND ROAD AT TUBBY"S CREEK BRIDGE 9904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE 9904984
3. Performance and test data.
G. Samples, as applicable.
d. Name and address of similar projects on which product has been used and
date of each installation.
2. Itemized comparison of the proposed substitution with product specified, listing
significant variations.
3. Data relating to changes in construction schedule.
4. All effects of substitution on separate contracts.
5. List of changes required in other work or products.
G. Designation of required license fees or royalties.
7. Designation of availability of maintenance services, sources of replacement materials.
C. Substitutions will not be considered for acceptance when:
1. Acceptance will require substantial revision of Contract Documents.
2. In the judgment of the Owner or Director of Engineering Services, the substitution
does not include adequate information necessary for a complete evaluation.
D. The Director of Engineering Services will determine the acceptability of any proposed
substitution.
L4 BIDDER'S REPRESENTATION
A. In making formal request for substitution the Bidder represents that:
I. They have investigated proposed product and has determined that it is equivalent to,
or superior in all respects to that specified.
2. They will provide same warranties or bonds for substitution as for product specified.
3. They will coordinate installation of accepted substitution into the Work, and will
make such changes as may be required for the Work to be complete in all respects.
4. They waive claims for additional costs caused by substitution which may
subsequently become apparent.
5. Cost data is complete and includes related costs under their Contract, but not:
a. Costs under separate contracts.
b. Director of Engineering Services' costs for redesign or revision of Contract
Documents.
June 2025 PRE-BID SUBSTITUTIONS 000163
CARD SOUND ROAD AT`I"UBBY'S CREEK BRIDGE 9904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE#904984
6. Cost data Deed not be submitted, if request is for inclusion in an addendum.
1.5 DIRECTOR OF ENGINEERING SERVICES'S DUTIES
A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identify accepted substitutions.
C. Substitution requests that are not approved will be returned to the party submitting the request.
1.6 SUBSTITUTION REQUEST FORM
A. The form is attached to this Section.
B. Substitutions will be considered only when the attached form is completed and included with
the submittal with all required back-lip data.
June 2025 PRE-BID SUBSTITUTIONS 000163
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT,lIOSQUITO CREEK BRIDGE H904984
SUBSTITUTION REQUEST FORM
TO: Director of Engineering Services
Monroe County Engineering Department
1100 Simonton Street
Key West,Florida 33040
Ph: (305) 295-4329 FAX: (305) 295-4321
We hereby submit for your consideration the following product instead of the specified item for the above
project:
DRAWING NO. DRAWING NAME `` SPEC. SEC.
tv
SPEC.NAME PARAGRAPH f SPECIFIED ITEM
r
i
Proposed Substitution:
Attach complete information on changes to Drawings aid/or Specifications which proposed substitution will
require for its proper installation.
Submit with request necessary samples and substantiating data to prove equal quality and performance to that
which is specified. Clearly mark manufacturer's literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are of equal performance and assumes
liability for equal performance, equal design and compatibility with adjacent materials.
Submitted By:
Signature Title
Firm
Address
City/Statel Zip Code Telephone Date
Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide
legally binding signature will I•esrrlt in retraction of approval.
For use by the Engineer: Approved Approved as noted Not Approved
Rec'd too late insufficient data received
By
June 2025 PRE-BID SUBSTITUTIONS 000163
CARD SOUND ROAD A'I'TUBRY'S CRFEK BRIDGE 9904982 AND CARD SOUND ROAD ATNIOSQUITO CREEK IIRII)GF 4904984
Date-
Fill in Blanks Below
A. Does the SUbstitution affect dimensions shown oil Drawings?
Yes— No if yes, clearly indicate changes:
B. Will the undersigned pay for changes to the buildiil design, including crigincering and detailing costs
caused by the requested substitution?
Yes—No if no, fully explain:
C. What effect does substitution have onpilier Contracts or other trades?
rf
D. What effect does substitution It eve oil colisti'liction scliedLile?
E. Manufacturer's Warrall4cs of the proposed and specified items are:
Same ,,Different. Explain:
F. Reason for Rcqiest:
G. Itemized co'hiparison of specified item(s) with the proposed substitution; list significant variations:
H. Designation of maintenance services and sources: (Attach additional sheets if required).
END OF SECTION 00163
June 2025 PRE-BID SUBs'rITUTIONS 00�0 163
CARD SOUND ROAD AT TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT lIOSQUITO CREEK BRIDGE 4904984
SECTION 00350
MILESTONE SCHEDULE
This section contains the project milestone schedule. The Contractor is required to study the
applicable parts, or milestones, in order to determine his proposed scheduling for the project.
The Contractor is to note the following special items.
a. Bid due Date..................................................... August 14th, 2025
b. Award Date(Anticipated) ..................... ..................September 10,2025
c. Pre-Con Meeting(Anticipated).......................... ............October 9', 2025
d. Construction Start(Anticipated)..................................October 20th 2025
e. Final Completion(Anticipated).............................................May 2027
LIQUIDATED DAMAGES
Conditions under Which Liquidated Damages are Imposed—the time or times stipulated in the contract for
completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved
extensions in time as set forth by the Construction Manager's signature of approval on the Certificate of
Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of
liquidated damages.
Original Contract Amount Daily Charge Per Calendar Day
$299,999 and under........................................................$904
$300,000 but less than $2,000,000..............................$1,685
$2,000,000 but less than $5,000,000...........................$2,667
$5,000,000 but less than $10,000,000.........................$3,813
$10,000,000 but less than $20,000,000.......................$5,021
$20,000,000 but less than $40,000,000.......................$7,442
$40,000,000 and over...............$10,224 plus 0.00005 of any
amount over $40 million (Round to nearest whole dollar)
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an
extension of time on the Contract.
END OF SECTION 00350
June 2025 MILESTON SCHEDULE 000350
REFERENCES:
1. Name of Firm or Agency: RS&H
Address: 3100 Overseas Hwy
City/State/Zip: Marathon, FL 33050
Contact: Jacki Hart Title: P.E.
Telephone: 954-755-6949 Email: jacki.hart@rsandh.com
Scope of Work: Mill & Resurface/ Roadway Reconstruction
2. Name of Firm or Agency: City of Aventura
Address: 19200 W Country Club Drive
City/State/Zip: Aventura, FL 33180
Contact: Tony Tomei Title: City Manager
Telephone: 305-466-8900 Email: tomeit@cityofaventura.com
Scope of Work: Mill & Resurface/ Roadway Reconstruction
3. Name of Firm or Agency: FDOT District 6
Address: 1773 NE 20511 Street
City/State/Zip: North Miami Beach
Contact: Joan Fabian Title: P.E. 1 Project Oversite III
Telephone: 305-968-4921 Email: joan.fabian@dot.state.fl.us
Scope of Work: Mill & Resurface/Roadway Reconstruction
4. Name of Firm or Agency: Miami-Dade Aviation
Address: P.O. Box 025504
City/State/Zip: Miami, FL 33102
Contact: Miguel Riera Title: P.E./Engineer 3
Telephone: 305-8760596 Email: mriera@miami-airport.com
Scope of Work: Roadway, Taxiway, Runway Asphalt Paving
5. Name of Firm or Agency: Broward County Aviation
Address: 2200 SW 4511 Street
City/State/Zip: Dania Beach, FL 33312
Contact: Gasser Douge Title: P.E.
Telephone: 954-359-6973 Email: gdouge@broward.org
Scope of Work: Roadway, Taxiway, Runway Asphalt Paving
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FDOT '
Florida Department of Transportation
RON DESANTI''S 605 Suwannee Street TARED W,PERDUE,P.E.
GOVERNOR Tallahassee, FL 32399-0450 SECRETARY
April 30,2025
GENERAL ASPHALT COMPANY, LLC
4850 N.W. 72ND AVENUE
MIAMI, FLORIDA 33166
RE: CERTIFICATE OF QUALIFICATION
The Department of Transportation has qualified your company for the type of work indicated
below.
FDOT APPROVED WORK CLASSES:
DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, HOT
PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PAVEMENT MARKING, R&R
INTERMEDIATE BRIDGES ("R&RII IS REPAIR AND REHABILITATE) , R&R MINOR BRIDGES, ROADWAY SIGNING,
SIDEWALK, Milling
Unless notified otherwise, this Certificate of Qualification will expire 6/30/2026.
In accordance with Section 33,7.14 (1) , Florida Statutes, an application for qualification
must be filed within (4) months of the ending date of the applicant's audited annual financial
statements,
If the company's maximum capacity has been revised, it may be accessed by logging into the
Contractor Prequalification Application System via the following link:
HTTPS://fdotwpl,dot.state.fl,us/ContractorPregualification
Once logged in, select "View" for the most recently approved application, and then click
the "Manage" and "Application Summary" tabs.
The company may apply for a Revised Certificate of Qualification at any time prior to the
expiration date of this certificate according to Section 14-22.,0041 (3} , Florida
Administrative Code (F.A.C. ) , by accessing the most recently approved application as shown
above and choosing "Update" instead of "View. " if certification in additional classes of
work is desired, documentation is needed to show that the company has performed such work.
All prequalified contractors are required by Section 14-22.006(3) , F.A.C., to certify their
work underway monthly in order to adjust maximum bidding capacity to available bidding
capacity, You can find the link to this report at the wehsite shot-in above.
Sincerely,
t��
James E. Taylor II, Prequalification Supervisor
Contracts Administration Office
JTTT
Improve Safety, Enhance Mobility, I'nspire Innovation
www.fdot,ggv
GENERAL ASPHALT CO., 485€� N 72 avenue
995
1 G. Miami, Florida 33166
CREDIT REFERENCES Phone. (305) 592-3480
TRADE REFERENCES Fax; (305) 477-4675
CREDIT REFERENCES
RETRANCA TRUCKING&EQUIPMENT"
1280 SW 26TH AVENUE
SUITE#4
ri'LAUDY..RDALE,F1,33w 12
954-581-6613
ATTN:ANGEL
MARIAM ASPIIALT
5201 CAUSEWAY BLVD
'PAMPA,FI,33619
ATTN:DENISE HODGEN
1-813-623-3941
WHITE ROCK QUARRIES,INC.
P. 0.BOX 150G5
WEST PALM BEACI-I, FL. 33416
1 (305) 822 _ 5322
MARATHON ASHLAND PETROLEUM LLC
1000 ASHLAND DR STIR 201
ASI HAND KT4 1 101-7057
A'l'"I'N:STANLEY J.SMUN'I'Y
606-32G-2553
606-326-2549 (FAX)
SDI QUARRY
9350 S DIXIE HIGf INVAY# 1250
M►AMI,FL 33156
305-670-9610
305-670-6787 (FAX)
TRAM;REFERENCES
IIORIZON CONTRACTORS,INC.
8175 WEST 32ND AVENUE
HIALEAH,FL 33018
1-305-828-2050
A'I"I'N:MEd.JOEY SANCI IEZ
KIEWFT INFRASI' ucTURE GROUP
13680 SW 5T11 STREET SUITE130
SUNRISE Fl.,33325
A'I"I`N:TONY LITVINAS(954-835-2228)
CONDOTTE AMER➢CA, INC.
7590 NW 12 STREET
MIAM➢, Fl,33126
ATTN:ANDRES MENDO A(786-955-2305)
h:Acrcdit reference letterlcredit reftd bank,doc
BANK REFERENCES
ALSO DOES EQUIPMEN`f HNANCE
TD BANK
3885 NW 107 AVE
DORAL,rL 33178
JOUBER OLATRAS,VICE-PRESIDENT—13RANCII MANGER(305-499-5011)
CLIVE COLLINS,VICE PRESIDENT--SENIOR LOAN OFFICER 005-441-564 1)
ES'FHER MORENO,ASSISTA11TI-1`0 MR.COLLINS(786-437-2407)
ACC I'NUMBER "429ZO76663" REGULAR CHECKING
BONDING COMPANY
NIELSON,I IOOVER&COMPANY,INC.
8000 GOVERNORS SQ. BLV D SUITE 101
MIAMI LAKFS,Fl,33016
ATFN:MR.CHARLES NIELSON
305-722-2663
130NDED WITH LIBERTY MUTUAL INSURANCE COMPANY
EQUIPMENT'FINANCE
WELLS FARGO EQUIPMENT FINANCE,INC.
733 MARQUFITE AVENUE,SUITE 700
MAC N9306-070
MINNPAPOLIS I MN 55402
LOCAL REP.CHUCK SAX'FON ORLANDO,FL 407-375-1054 (CELL)
GENERAL ASPHALT CO., INC.
GENERAL INFORMATION
COMPANY NAME: GENERAL ASFIJAINCO.,INC.
ADDRESS 4850 NW 72 AVE., MIAMI, FLORIDA 33166
PHONE I - 305 - 592 - 3480
I'AX I - 305 - 477 - 4675
'111T Of BUSINESS I IOT AND COLD MIX ASPHAUFPAVING MATERIAL
MANUFACIURF AND PLACING Of MATERIALS
SI'XFE OF FLORIDA CORPORATION
I'S'FABLISHED JANUARY 1966
PRFSIDENTF ROBEKI'A. LOPEZ
VICE-PRESIDENTS ALBER`rj,LOPEZ
ROB A. 1.0 PEZ,j R
ASSIS'I'SECRL"I'IkRY/CON'I'ROI,I,ER CtJKI'IS SIMPSON
SALFSTAX WE ARE NOT SALES TAX EXEMPT
FEDERAL ID# 59-1115297
C
DATE
hAcredit reference letter\credit ref(d bank.doc
DATE(MM/DD/YYYY)
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 9/16/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Sarah Trltz
Holmes Murphy&Associates PHONE FAX
2727 Grand Prairie Parkway A/C No Ext: 515-223-6813 A/C,No):
E-MWaukee IA 50263 ADDRESS: stritz@holmesmurphy.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Property Casualty Co.America 25674
INSURED GENASPPC INSURERB: Charter Oak Fire Insurance Company 25615
General Asphalt Co, LLC INSURERC:Travelers Indemnity Co of America 25666
4850 NW 72nd Avenue
Miami , FL 33166 INSURERD:Allied World Assurance Co. Inc. (US) 19489
INSURERE: Steadfast Insurance Company 26387
INSURER F: Travelers Excess&Surplus Lines Co. 29696
COVERAGES CERTIFICATE NUMBER:405605846 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
C X COMMERCIAL GENERAL LIABILITY VTC2KC07W3485391ND25 2/1/2025 2/1/2026 EACH OCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence) $300,000
( `' MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: DAi 918..25 GENERAL AGGREGATE $4,000,000
POLICY PE� El LOC -� - "'" PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
A AUTOMOBILE LIABILITY VTC2JCAP7W348527TIL25 2/1/2025 2/1/2026 COMBINED SINGLE LIMIT $2,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A UMBRELLALIAB X OCCUR CUP7W3485402525 2/1/2025 2/1/2026 EACH OCCURRENCE $7,000,000
D 03145654 2/1/2025 2/1/2026
X EXCESS LAB CLAIMS-MADE AGGREGATE $7,000,000
DED X RETENTION$1 n nnn $
B WORKERS COMPENSATION UBA10793402525K 2/1/2025 2/1/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
E Excess Liability AECO06061300 2/1/2025 2/1/2026 Occurrence/Aggregate 5,000,000
F Leased/Rented Equipment QT660A7290525TXS25 2/1/2025 2/1/2026 Limit 500,000
Contractors Equipment Limit Per Schedule
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984
Monroe County BOCC, its employees and officials,and Florida Department of Transportation are included as Additional Insured on the General Liability and
Auto Liability,on a Primary and Non-Contributory basis,when required by written contract with the insured,per policy terms and conditions.
Waiver of Subrogation applies in favor of Additional Insureds on the General Liability,when required by written contract with the insured, per policy terms and
conditions.
XCU Coverage is Not excluded on the General Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonson St
Key West FL 33040 AUTHORIZED REPRESENTATIVE
USA
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