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HomeMy WebLinkAbout10/15/2025 Agreement DATE: October 30, 2025 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Samantha Yeoman Executive Assistant FROM: Brynn Morey, Deputy Clerk SUBJECT: October 15, 2025 BOCC Meeting The following item has been executed and added to the record: C16 Approval of a contract between Monroe County and General Asphalt Co. LLC for construction services for the Tubby's Creek Bridge Replacement Project in the amount of $5,574,085.04. 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 of payment is a STIPULATED SUM AGREEMENT th Made as of the 15 day of Octoberin 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 nd 4850 NW 72 Avenue Miami, FL 33166 (“Contractor”) For the following Project: Card Sound Road at Tubby’s Creek Bridge #904982 Financial Project ID 447769-1 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 nd 4850 NW 72 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 TUBBY’S CREEK BRIDGE #904982. October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 ARTICLE 3 Date of Commencement and Substantial Completion 3.1The 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. 3.2The 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 belowshall be utilized to determine the amount of liquidated damages. 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 3.3Any delay or failure of either Party 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 Party's control, without such Party's fault or negligence and that by its nature could not havebeen foreseen by such Party 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 unrestin the geographic area of the Project; (d) government order or lawin the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; October2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 (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 anyUncontrollable Circumstance are minimized and resume full 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 TUBBY’S CREEK BRIDGE, the Contract Sum of Five Million, Five Hundred Seventy-Four Thousand, Eighty-Five Dollars and Four Cents, ($5,574,085.04), 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: 5.6.1Take 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%): 5.6.3Subtract the aggregate of previous payments made by the Owner; and 5.6.4Subtract 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: 5.7.1Add, 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 5.7.2Within 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 costto 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 of Records. The recordsofthe parties to this Agreement relating to the Project, which shall include butnotbe 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);backchargelogs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebatesanddividends;any other supporting evidence deemed necessary by Owner to substantiate charges related tothis agreement, and all other agreements, sources of information and matters thatmay in Owner’s reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under orcoveredby any contract document (allforegoing 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 party relative to the enforcement or interpretation of this Agreement, the prevailing party 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 party. 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 party, 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 II, 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. l) 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 party, 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 theCounty’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 section119.10, 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 TH AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 ST., SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty-fl.gov, (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 shallit be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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 Project. w) Hold Harmless and Indemnification: 1) Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTORcovenants 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 party 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 assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No thirdParty Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 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 newemployees hired by the Contractor during the term of the Contract and shall expressly require anysubcontractors performingwork or providing services pursuant to the Contractto 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 party. 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 party. 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 https://www.fhwa.dot.gov/construction/cqit/form1273.cfm 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 (40U.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 theDavis-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 Laborregulations (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 (e) 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(f), 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@dol.gov. 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@dol.gov, 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 (D) 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) 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 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)(v) 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 party, 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/dolgov/files/WHD/legacy/files/wh347/.pdf or 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 (iii) 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 party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party 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 mustbe 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 (5)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 caseof 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) 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 paragraphs (b)(1) through (5) 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 forunpaid 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 | 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’sE-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 Activitie s: 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 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 | 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 ( 50 U.S.C. 4817). 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-party, 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 usedas 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 bidor 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 -Per23 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. 9.1.4The 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. 9.1.5The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Card Sound Road at Tubby’s Creek #904985 Financial Project ID 447769-1 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 9.1.6The 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. 9.1.7Other 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 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 contract by piecework, station work, or by subcontract. 23 III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act 3. A breach of any of the stipulations contained in these Provisions 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 payment, termination of the contract, suspension / debarment VIII. False Statements Concerning Highway Projects 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 within the limits of a construction project on a Federal-aid Lobbying 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). The term Federal-aid highway does not include roadways ATTACHMENTS 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 policy will be placed in areas readily accessible to employees, Opportunity (EEO) requirements not to discriminate and to 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 e. The contractor's EEO policy and the procedures to Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR 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 other appropriate means. imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 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 circulation among minorities and women in the area from of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: which the project work force would normally be derived. a. The contractor will, unless precluded by a valid a. The contractor will work with the contracting agency and 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 sources likely to yield qualified minorities and women. To of its terms and conditions of employment and in their review 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 identified sources procedures whereby minority and women b. The contractor will accept as its operating policy the 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 contractor is expected to observe the provisions of that sexual orientation, gender identity, color, national origin, age 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 implementation of such an agreement has the effect of advertising; layoff or termination; rates of pay or other forms 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. Information and procedures with regard to referring such the responsibility for and must be capable of effectively administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do 5. Personnel Actions: Wages, working conditions, and so. 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, promotion, transfer, demotion, layoff, and termination, shall be staff who are authorized to hire, supervise, promote, and 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. The following procedures shall be followed: cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities agreement will be met, the following actions will be taken as a 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 evidence of discriminatory wage practices. contractor's EEO policy and its implementation will be 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 discrimination may extend beyond the actions reviewed, such all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of c. All personnel who are engaged in direct recruitment for alleged discrimination made to the contractor in connection the project will be instructed by the EEO Officer in the 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 agreement) does not relieve the contractor from the such corrective action shall include such other persons. Upon 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 with the requirements for and comply with the Americans with should be aimed at developing full journey level status employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the would cause an undue hardship. contractor shall make full use of training programs (i.e., 9. Selection of Subcontractors, Procurement of Materials apprenticeship and on-the-job training programs for the 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 orientation, gender identity, national origin, age, or disability in this subparagraph will be superseded as indicated in the 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 contractor shall take all necessary and reasonable steps to in accordance with 23 U.S.C. 140(a). ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors, employment of available training programs and entrance 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 a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to 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; The following provisions are from the U.S. Department of (2) The progress and efforts being made in cooperation Labor regulations in 29 CFR 5.5 “Contract provisions and with unions, when applicable, to increase employment related matters” with minor revisions to conform to the FHWA- opportunities for minorities and women; and 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- otherwise working in construction or development of the minority group employees currently engaged in each work project under a development statute), will be paid classification required by the contract work. This information is unconditionally and not less often than once a week, and to be reported on Form FHWA-1391 . The staffing data should without subsequent deduction or rebate on any account represent the project work force on board in all or any part of (except such payroll deductions as are permitted by the last payroll period preceding the end of July. If on-the-job regulations issued by the Secretary of Labor under the training is being required by special provision, the contractor Copeland Act (29 CFR part 3)), the full amount of basic hourly will be required to collect and report training data. The wages and bona fide fringe benefits (or cash equivalents employment data should reflect the work force on board during thereof) due at time of payment computed at rates not less all or any part of the last payroll period preceding the end of than those contained in the wage determination of the July. 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 III. NONSEGREGATED FACILITIES and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by This provision is applicable to all Federal-aid construction operation of law even if they have not been attached to the contracts and to all related construction subcontracts of more contract. Contributions made or costs reasonably anticipated than $10,000. 41 CFR 60-1.5. for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are As prescribed by 41 CFR 60-1.8, the contractor must ensure considered wages paid to such laborers or mechanics, subject that facilities provided for employees are provided in such a to the provisions of paragraph 1.e. of this section; also, regular manner that segregation on the basis of race, color, religion, contributions made or costs incurred for more than a weekly sex, sexual orientation, gender identity, or national origin period (but not less often than quarterly) under plans, funds, or cannot result. The contractor may neither require such programs which cover the particular weekly period, are segregated use by written or oral policies nor tolerate such use deemed to be constructively made or incurred during such by employee custom. The contractor's obligation extends weekly period. Such laborers and mechanics must be paid the further to ensure that its employees are not assigned to appropriate wage rate and fringe benefits on the wage perform their services at any location under the contractor's determination for the classification(s) of work actually control where the facilities are segregated. The term "facilities" performed, without regard to skill, except as provided in includes waiting rooms, work areas, restaurants and other paragraph 4. of this section. Laborers or mechanics performing eating areas, time clocks, restrooms, washrooms, locker work in more than one classification may be compensated at rooms and other storage or dressing areas, parking lots, the rate specified for each classification for the time actually drinking fountains, recreation or entertainment areas, worked therein: Provided, That the employer's payroll records transportation, and housing provided for employees. The accurately set forth the time spent in each classification in contractor shall provide separate or single-user restrooms and which work is performed. The wage determination (including necessary dressing or sleeping areas to assure privacy any additional classifications and wage rates conformed under between sexes. paragraph 1.c. 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 IV. DAVIS-BACON AND RELATED ACT PROVISIONS 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 be lower-tier subcontracts (regardless of subcontract size), in prevailing under the procedures set forth in 29 CFR part 1, a accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is and fringe benefit rates for classifications of laborers and functionally classified as Federal-aid highway. 23 U.S.C. 113. mechanics for which conformance requests are regularly This excludes roadways functionally classified as local roads submitted pursuant to paragraph 1.c. of this section, provided or rural minor collectors, which are exempt. 23 U.S.C. 101. that: Where applicable law requires that projects be treated as a 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 determination. The wage rate (including fringe benefits where (iii) The wage rate for the classification bears a reasonable appropriate) determined pursuant to paragraph 1.c.(3) or (4) of relationship to the prevailing wage rates contained in the this section must be paid to all workers performing work in the wage determination. 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 may pay another bona fide fringe benefit or an hourly cash c. Conformance. (1) The contracting officer must require that equivalent thereof. any class of laborers or mechanics, including helpers, which is 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 the Secretary of Labor has found, upon the written request of (i) The work to be performed by the classification the contractor, in accordance with the criteria set forth in requested is not performed by a classification in the wage -Bacon Act determination; and have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the (ii) The classification is used in the area by the meeting of obligations under the plan or program. construction industry; and f. Interest. In the event of a failure to pay all or part of the (iii) The proposed wage rate, including any bona fide fringe 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. Withholding (29 CFR 5.5) (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications a. Withholding requirements. The contracting agency may, listed in the wage determination. upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold (3) If the contractor and the laborers and mechanics to be or cause to be withheld from the contractor so much of the employed in the classification (if known), or their accrued payments or advances as may be considered representatives, and the contracting officer agree on the necessary to satisfy the liabilities of the prime contractor or any classification and wage rate (including the amount designated subcontractor for the full amount of wages and monetary relief, for fringe benefits where appropriate), a report of the action including interest, required by the clauses set forth in this taken will be sent by the contracting officer by email to section for violations of this contract, or to satisfy any such DBAconformance@dol.gov. The Administrator, or an liabilities required by any other Federal contract, or federally authorized representative, will approve, modify, or disapprove assisted contract subject to Davis-Bacon labor standards, that every additional classification action within 30 days of receipt 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 held by the same prime contractor, regardless of whether the (4) In the event the contractor, the laborers or mechanics to other contract was awarded or assisted by the same agency, be employed in the classification or their representatives, and and such funds may be used to satisfy the contractor liability the contracting officer do not agree on the proposed for which the funds were withheld. In the event of a classification and wage rate (including the amount designated contractor's failure to pay any laborer or mechanic, including for fringe benefits, where appropriate), the contracting officer any apprentice or helper working on the site of the work all or will, by email to DBAconformance@dol.gov, refer the part of the wages required by the contract, or upon the questions, including the views of all interested parties and the contractor's failure to submit the required records as discussed recommendation of the contracting officer, to the Administrator in paragraph 3.d. of this section, the contracting agency may for determination. The Administrator, or an authorized on its own initiative and after written notice to the contractor, representative, will issue a determination within 30 days of take such action as may be necessary to cause the receipt and so advise the contracting officer or will notify the suspension of any further payment, advance, or guarantee of contracting officer within the 30–day period that additional time funds until such violations have ceased. is necessary. b. Priority to withheld funds. The Department has priority to (5) The contracting officer must promptly notify the funds withheld or to be withheld in accordance with paragraph contractor of the action taken by the Wage and Hour Division 5 2.a. of this section or Section V, paragraph 3.a., or both, over agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting claims to those funds by: agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as (1) A contractor's surety(ies), including without limitation long as the electronic system requires a legally valid electronic performance bond sureties and payment bond sureties; 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 (2) A contracting agency for its reprocurement costs; prime contract has been completed; and the contracting agency or prime contractor permits other methods of (3) A trustee(s) (either a court-appointed trustee or a U.S. submission in situations where the contractor is unable or trustee, or both) in bankruptcy of a contractor, or a contractor's limited in its ability to use or access the electronic system. bankruptcy estate; (2) Information required. The certified payrolls submitted (4) A contractor's assignee(s); must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last (5) A contractor's successor(s); or 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 certified payroll information may be submitted using Optional 3. Records and certified payrolls (29 CFR 5.5) 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 https://www.dol.gov/sites/dolgov/files/WHD/ All regular payrolls and other basic records must be legacy/files/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 classification(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. (i) That the certified payroll for the payroll period contains 3141(2)(B) of the Davis-Bacon Act); daily and weekly number the information required to be provided under paragraph 3.b. of hours actually worked in total and on each covered contract; of this section, the appropriate information and basic records deductions made; and actual wages paid. 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 (ii) That each laborer or mechanic (including each helper section that the wages of any laborer or mechanic include the and apprentice) working on the contract during the payroll amount of any costs reasonably anticipated in providing period has been paid the full weekly wages earned, without benefits under a plan or program described in 40 U.S.C. rebate, either directly or indirectly, and that no deductions 3141(2)(B) of the Davis-Bacon Act, the contractor must have been made either directly or indirectly from the full maintain records which show that the commitment to provide wages earned, other than permissible deductions as set such benefits is enforceable, that the plan or program is forth in 29 CFR part 3; and 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 (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 classification(s) of work actually performed, as specified in the applicable wage determination (4) Additional records relating to apprenticeship. Contractors incorporated into the contract. with apprentices working under approved programs must 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 submission of the “Statement of Compliance” required by b. Certified payroll requirements (1) Frequency and method paragraph 3.b.(3) of this section. 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 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 to work at less than the predetermined rate for the work they (7) Length of certified payroll retention. The contractor or 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 with the U.S. Department of Labor, Employment and Training on the prime contract is completed. Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is c. Contracts, subcontracts, and related documents. The not individually registered in the program, but who has been contractor or subcontractor must maintain this contract or certified by the OA or a State Apprenticeship Agency (where subcontract and related documents including, without appropriate) to be eligible for probationary employment as an limitation, bids, proposals, amendments, modifications, and apprentice, will be permitted to work at less than the extensions. The contractor or subcontractor must preserve predetermined rate for the work they perform in the first 90 these contracts, subcontracts, and related documents during days of probationary employment as an apprentice in such a the course of the work and for a period of 3 years after all the program. In the event the OA or a State Apprenticeship work on the prime contract is completed. 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 d. Required disclosures and access (1) Required record predetermined rate for the work performed until an acceptable disclosures and access to workers. The contractor or program is approved. subcontractor must make the records required under 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 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 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 the locality in which its program is registered, the ratios and that were not provided or made available to WHD. WHD will 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 construction is being performed must be observed. If there is submission of records. WHD will determine the 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 and journeyworkers under this part must be in conformity with subcontractors must maintain the full Social Security number 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 person or firm ineligible for award of a Government contract by Order 11246, as amended, and 29 CFR part 30. virtue of 40 U.S.C. 3144(b) c. Apprentices and Trainees (programs of the U.S. DOT). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 Apprentices and trainees working under apprenticeship and U.S.C. 1001. skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 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. Pursuant to 29 CFR 5.5(b), the following clauses apply to any 7. Contract termination: debarment. A breach of the Federal-aid construction contract in an amount in excess of contract clauses in 29 CFR 5.5 may be grounds for termination $100,000 and subject to the overtime provisions of the of the contract, and for debarment as a contractor and a Contract Work Hours and Safety Standards Act. These subcontractor as provided in 29 CFR 5.12. 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 2. Violation; liability for unpaid wages; liquidated representatives. 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) 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 person to discharge, demote, intimidate, threaten, restrain, the Federal Civil Penalties Inflation Adjustment Act of 1990. coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: 3. Withholding for unpaid wages and liquidated damages a. Notifying any contractor of any conduct which the worker a. Withholding process. The FHWA or the contracting reasonably believes constitutes a violation of the Contract agency may, upon its own action, or must, upon written Work Hours and Safety Standards Act (CWHSSA) or its request of an authorized representative of the Department of implementing regulations in this part; 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 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 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 greater percentage if specified elsewhere in the contract) of (1) A contractor's surety(ies), including without limitation the total original contract price, excluding any specialty items performance bond sureties and payment bond sureties; designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total (2) A contracting agency for its reprocurement costs; original contract price before computing the amount of work required to be performed by the contractor's own organization (3) A trustee(s) (either a court-appointed trustee or a U.S. (23 CFR 635.116). trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or (4) A contractor's assignee(s); 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 payments for the costs of hiring leased employees from an (6) A claim asserted under the Prompt Payment Act, 31 employee leasing firm meeting all relevant Federal and State U.S.C. 3901–3907. 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 Contract Work Hours and Safety Standards Act (40 U.S.C. (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the 3704). 29 CFR 1926.10. submission of payrolls, statements of compliance and all 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract other Federal regulatory requirements. 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 performance to inspect or investigate the matter of compliance that requires highly specialized knowledge, abilities, or 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 Work Hours and Safety Standards Act (40 U.S.C. contract as a whole and in general are to be limited to minor 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 degree of reliability on statements and representations made in accordance with the contract requirements, and is in charge 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 with the project perform their functions as carefully, thoroughly, (supervision, management, and engineering services) as the 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 Federal-aid highway project (23 CFR Part 635) in one or more contracting officer, or authorized representative, and such 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- "Whoever, being an officer, agent, or employee of the United standing interpretation of 23 CFR 635.116). 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 false statement, false representation, or false report as to the (1) is not applicable to design-build contracts; however, 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 connection with the construction of any highway or related governing safety, health, and sanitation (23 CFR Part 635). 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 Whoever knowingly makes any false statement or false determines, or as the contracting officer may determine, to be 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 Roads Act approved July 11, 1916, (39 Stat. 355), as protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. amended and supplemented; Shall be fined under this title or imprisoned not more than 5 2. It is a condition of this contract, and shall be made a 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," "suspended," "ineligible," "participant," "person," "principal," CFR 200.88; EO 11738) 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. “First Tier Covered Transactions” refers to any covered contracts in excess of $150,000 and to all related 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). “Lower Tier Covered Transactions” refers to any covered By submission of this bid/proposal or the execution of this 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 who has entered into a covered transaction with a recipient or vendor agrees to comply with all applicable standards, orders 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 has entered into a covered transaction with a First Tier amended (33 U.S.C. 1251-1387). Violations must be reported 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 entered into, it shall not knowingly enter into any lower tier requirements of this Section in every subcontract, and further 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 participation in this covered transaction, unless authorized by 200.327. 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 into this covered transaction, without modification, in all lower subcontracts, purchase orders, lease agreements, consultant 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 transaction that is not debarred, suspended, ineligible, or 1. Instructions for Certification – First Tier Participants: 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; 180.320, and 180.325. A participant is responsible for first tier participant is providing the certification set out below. 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 CFR 180.335. To verify the eligibility of its principals, as well below will not necessarily result in denial of participation in this 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 Award Management website ( set out below. The certification or explanation will be https://www.sam.gov/). 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 submitted for assistance in obtaining a copy of those against them for commission of fraud or a criminal offense in 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 Federal funds and a participant (such as the prime or general a public transaction; violation of Federal or State antitrust 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 (such as subcontracts). “First Tier Participant” refers to the statements, or receiving stolen property, 2 CFR 180.800; 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 general contractor). “Lower Tier Participant” refers any civilly charged by a governmental entity (Federal, State or 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 subcontractors and suppliers). 180.800; and (4) Have not within a three-year period preceding this e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered application/proposal had one or more public transactions (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 transaction originated. 2 CFR 1200.220 and 1200.332. preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled (6) Are not a corporation with any unpaid Federal tax liability "Certification Regarding Debarment, Suspension, Ineligibility that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and and that is not being paid in a timely manner pursuant to an in all solicitations for lower tier covered transactions exceeding agreement with the authority responsible for collecting the tax 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 transaction that is not debarred, suspended, ineligible, or any of the statements in this certification, such prospective voluntarily excluded from the covered transaction, unless it participant should attach an explanation to this proposal. 2 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 the eligibility of any lower tier prospective participants, each 3. Instructions for Certification - Lower Tier Participants: 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 e 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 Lobbying," in accordance with its instructions. department or agency with which this transaction originated 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 U.S.C. 1352. Any person who fails to file the required 4. Certification Regarding Debarment, Suspension, 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 subcontracts, purchase orders, lease agreements, or any other appropriations act requirements); and covered transaction. 46 CFR Part 381. (3) is a corporation with any unpaid Federal tax liability that This requirement applies to material or equipment that is has been assessed, for which all judicial and administrative 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 inventories independent of an FHWA funded-contract. with the authority responsible for collecting the tax liability. (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 1. To utilize privately owned United States-flag commercial proposal. 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 for United States-flag commercial vessels. 46 CFR 381.7. FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 contracts and to all related subcontracts which exceed $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, ‘on-board’ commercial ocean bill-of-lading in English for each 1. The prospective participant certifies, by signing and 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 copies of the ocean carrier's (master) bills of lading, certified influencing or attempting to influence an officer or employee of 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 be submitted directly to MARAD by the Ocean Transportation Congress in connection with the awarding of any Federal 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 (1c) 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 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU % PUIFS; DPNCJOFE!TJOHMF!MJNJU BVUPNPCJMF!MJBCJMJUZ% )Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFE IJSFEQSPQFSUZ!EBNBHF % )Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ % VNCSFMMB!MJBC FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC DMBJNT.NBEFBHHSFHBUF% % EFESFUFOUJPO% QFSPUI. 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