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Item C03
COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 y Craig Cates,District 1 James K. Scholl,District 3 � « Holly Merrill Raschein,District 5 Regular Meeting February 18, 2026 Agenda Item Number: C3 26-0340 BULK ITEM: Yes DEPARTMENT: Engineering Services and Roads TIME APPROXIMATE: N/A STAFF CONTACT: Tyler Jackson AGENDA ITEM WORDING: Ratification of Amendment 1 to the contract between Monroe County and General Asphalt Co. LLC for Construction Services for Tubby's Creek Bridge Replacement Project to include corrected Monroe County Davis-Bacon wage rate table. Amendment 1 was signed by County Administrator on January 22nd, 2026. ITEM BACKGROUND: Due to an inadvertent clerical error, the Davis-Bacon wage rates from U.S. Department of Labor incorrectly included the rates for Miami-Dade County. This Amendment corrects the rates in the Agreement to include the Monroe County wage rates. To ensure the construction schedule remains on track, Amendment 1 was approved by County Administrator on January 22nd, 2026, and per this agenda item ratification of the Amendment by the BOCC is requested. There is no change to the contract amount. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a Construction contract with General Asphalt Co. LLC for Construction Services for the Card Sound Road at Tubby's Creek Bridge #904982 Project in the amount of$5,574,085.04 on the October 15th, 2025 agenda. INSURANCE REQUIRED: Yes, The COIs were previously provided upon contract execution. CONTRACT/AGREEMENT CHANGES: Amendment STAFF RECOMMENDATION Approval as Requested DOCUMENTATION: Amendment 1 Tubby's Creek Construction Contract General Asphalt Tubby's Creek FINANCIAL IMPACT: Effective Date: 1/22/25 Expiration Date: 548 days from Notice to Proceed No change in original contract amount Total Dollar Value of Contract: $5,574,085.04 Total Cost to County: $3,242,220.04 Current Year Portion: $5,574,085.04 Budgeted: Yes Source of Funds: FDOT LAP Agreement- $2,331,865 125-22605 $3,242,220.04 CPI: N/A Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: $2,331,865 County Match: $3,242,220.04 Insurance Required: Yes Ratification t I to the contract between Monroe County and General Asphalt Co. LLC for Construction Services for Tubby's Creek Bridge Replacement Project t include corrected nr e County Davis-Bacon a e rate table.Amendment 1 was signed y County Administrator on January , 2026. 1M).M.,ENT I TO,THE CONTRACT FOR CONSTRUCTION SERVICES BETWEEN MONROE COUNTY BOCC AND GENERAL ASPHALT C10, LC FOR CARD SOUND ROAD AT TUBBYIS CREEK,BRIDGE#9 2 447769-1 PROJECT 22nd THIS AMENDMENT I to the CONTRACT'Ise entered Into this day of January 2026, between Monroe County, whose address is 1100 Simonton Street,, Room,2-216 Key West, Florida 33040, hereafter the "COUNTY" and General Asphalt Co. LLC,, whose iaddre�ss is 4850 NW 72r1d Avenue, Miami, FL, 33166, hereafter referred to as "CONTRACTOR"., WHE"REAS,i on the, 1:6th day of October 2026, the parties executed a contract authorizing the Contractor to perform Construction Services-for the Card Sound Road at Tubby s Creek Bridge#904982 Project,for an estimated not to exceed arnount of$51,5'74,08,5.04* Fund WHEREAS, due to an inadvertent clerical error, Davis-Bacon wage rates from the U.S. Department of Labor for Mi'amf-Dade.County were Incorrectlyinicluded in Attachment 8 which will now be corrected by replacing Attachment B to incluide the,correct wage,rate table for Monroe,County at tie time of contract execution- and NOW THEREFORE, in consideration olf the mutual promises cointaineld herein, the COUNTY and CONTRACTOR agree to amend the agreement as follows: 1. Amend Attachment 13-Dads Bacon Wage Rate to replace Wth Attachment Bi,-, Davis Bacon Wage Rates ('revised) which provides the wage rates for, Monroe County. This is a no cost amendment to the original con�tra,ct. 2. This,AMENDMENT I is effective January 22 2026. 1 In all other respects,the Contract a�pipro,ved October 15,2,025,1 by the BOCC, remains in full force and effect. In WITNESS WHEREOF,each party hereto has caused this contract to be executed by its duly authorized representative. Remainder of IPage Left Intentionally Blank BOARD Off'COUNTY COMMISSIONERS OF General Asphalt Co., LLC MONROE COUNTY, FLORIDA Contractor. 1,10,00 0, ,0 011111 0000�, 11110, ,/004 00P 6,0 011 eo-01100, �. ............ ooll By*# BY*: Mayor/Chairman 0 TITLE: The foire goingibstrument was subscribed and Morrijo-for affirmed)before me, by means of bhyslca ,presence or L7 online (SEAL) oil Attest:, KEVIN MADOK, Clerk this day of Jan. 20M, by BY'.., Who Is,(44personally known to me, As Deputy CIerk or who ( )proiduced a driver's license as identification. DATE- ------------- N Ot UBLI TATE 0F,+CbRIDA ve"'02, M�ONFL%,SI ?,'K N TY Digitally signed by Print, type of stamap commissioned nam e ol"notary Christine Hurley Hurley Date:2026.01.22 BY. 14:17:35-05'00' DANIEL SANC,HEZ County Administrator or Designee Nqotary lic-State of Florida C,0mmlsslon# HH 570,025 my commission,EXPIIeS Date: juty 11 20,29 Ratified by,the Bloard of County Commissioners on 112026. MON ROE COUNTY ATTORNEY APPROVIE0 AS 10,FORM CHRISTINE LtIMSFERT-IRARROWS SR,ASSWANT�06,(ATTORNEY DATE,,-, 2 Attachment B: Davis Bacon Wage Rates (revised .} "General Decision Number: FL20250238 01/03/2025 Superseded General Diecision Number: FL20240238, State., Florida Construction Type: Highway Counties:. De Soto, Glades, Hardee,, Hendr�y, Monroe and Okeechobee Counties in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required 'to pay at least the applicable minimum wage rate required under Executive order 14026 or Executive Order 1365col. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are sub*ect tio the Dav s-Bacon Act itself but do not all to contracts subject only, to, the Davis-Bacon Related Acts, including those set forth at 29! CFR, 5,4(a)(1)6, 7 if the contract is entered J# Executive Order 14026 r into on or after January 30,, generally applies to the, 12022, or th�e contract is, contract renewed or extended (e a 9 40 an J# The contractor must pay loption is exercised�) on or all covered workers at l fter January 30, 2,0122: least $17.75 per hour (or the applicable 'wage, rate listed on this, wage determination, 'if 'it i1s, higher) for all hours spent, perf rming on the contract in 2025. If the, contract was, awa�rided on Executive Order 13658 �lor between January 2,, 20,15 and generally applies to the l n u ary 29,, 2022, and the clontract. contract is not renewed or The contractor must pay sill lextended on or after January covered workers at', least 30 2022: $1330 per hour (or the applicable wage rate listed on this wage dseen minat ilon,, if it is, higher) for all hours performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the, Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractoir must st,1111 submit a conforman request, A,ddi,tliona�l, information on contractor requirements and worker, protections under, the Executive Orders is available at http 1: .poi.gov/1whid/govicointracts. Mod 311filication Number Publication Date 01/03/2025 SFL - Ras Fringes CEMENT MASON/CONCRETE FINISHER. 201.00 0.82 ELECTRICIANN0 +r« 0 «00rw0M00 .«'a.0 6 e 0 0 21.13 3.31 LABORER.- Asphalt, Includes Raker, Shoveler, Spreader and Distributor. � , . � . � ���� � ��,� � . .$ 14,90 oleo LABORER: Common or General... . ..$ -' * 0 LABORER: IPip 64144 .e .* 40' LABORER. Grade Checker. . .*. .. ,. . 4 1,4.67 0.00 OPERATOR. OPERATOR Bobcat/skidl Steerl/Skild Loader. , M . * ,I .a. 0 0 0 v e yr r$ 17.19 » 5 OPERATOR. Bulldozer.. r 00a0 $ 15491 0.00 OPERATOR: Grader ' ... #.. ..$ 18.461 0.00 OPERATOR: Loader. . . . .V 0 0 4 15o63 0.1130 OPERATORb Mechanic. . . . . . . . . *.... 6.101 0.68 OPERATOR: Milling Machine., ,, , . , r,�p OPERATOR: Plav,er (Asphalt, Aggregate, anid Concrete) OPERATOR: Roller, 4,0 4 a 5 3' 00, OPERATOR: 1 .29 oleo TRAFFIC'FFIC CON R f ERSON F w F s 0 8:M 1 0 0*+ 25,00 Oo64 TRUCK DRIVER: Dump True is.89 3.75, TRUCK DRIVER. Lowboy Truck. 20, 99 0095, TRUCK DRIVER., Water Truck 17,870.001 TRUCK DRIVER. err Tryuck. . ... # # 0 * 6 19,84 even we NCI Nw w wN w w"NM 0000 40 40 X0 wr M 4w wb M wr ww,am M W w irnr p#NON rr wr JW�wrrw W qW pW�wwi*#N Nnr 0*Met ll frw W NO MR Nw wN 4W Nw Wi Nw Aw#PO W0 WELDERS Receive rage prescribed for craft performing operation o w' :i h welding is incident'al. -- -- � Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13,658 ($13.30), Please see the Note at th�e top of the wage determination for more *information. Please also not that the minimum wage requirements of Execut:`Lve Order 14026 are not currently being enforced ass to any contract or subcontract to which the states of Texas,, Louisiana, or Mississippi., Including, their agencies, acre a party. Note:, Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies, to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1., 2017. if this contract is covered b � the EO,, the contractor must provide Y employees with I hour of paid sick leave fir every 30 hours they work, up to 56 hours of paid sick leave each: year. Employees must be permitted to use paid sick leave for their oelted' needs, including wn ill ness, inju�ry or other health-r a preventive care; to assist a family member (or person i is like family to the employee) who is ill', i"Juried, or has, other A A health-related nee di venti ids, inclung pre ve car le) or for reasons resulting from, or to assist a family member or person who is ,like family to the empiloyee) who is a v II ct i m of, domestic violence, sexual assault, or stalkingiiii Additional information on contractor requirements and worker protections under the EO available at htt s-,/'/`www.dol.gov/agencies/whd,/gov,ernment-,contracts. Unlisted' classifications needed for work not included wi't h i n the scope of the classif lications, listed may be addled after award only, as proviLded in the labor standards contract clauses (29UR 5 5 (a) (1) (111 11)) 60 MI 40 4"W Awl A&Nd MW The body of each wage determination lists the, classifications, and wage rates that have been found to be prevailing for the t ,ed y e wage ype(s) of construction and geographic arlea cover b th determination. The classifications are listed in alphabetical order undier rate ild err tifiers indicating whether the particlular rate is, a unilion rate (current union negotiated rate),, a survey rate or a a weighted union average rate, a state adopted rate supplemental classifiLication rate. Union Rate Identifiers A ,'th characters other than four-letter identifier beginning wi 00sultrill 11101 U loll'AVG ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PL M01,918 51 7/011/2024. FoLUM is an identifier of' the union whose clollectiveI bargained rate prevailed in the survey for Y this classificatillon, which in this example would be Plumbers. 01,98 indicates the local union number or district council, number where applicable, i.e., P' umbers Local 0198, The next numbler., 005 in the example, is an interinal number used in processing the wage determinati'on. The date, 07/011/20,24 in the exam lei, is the effective date of the most current negiatiated p rate. Un revailing wage, rates are updated to reflect all changes, over time that are reported tolWHD in the rates in the collective bargaining agreement (CBS.) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailedfor those classifications,,, but that iae% of the data reported for the classifications reflected union rates. EXAMPLE: UAV GI-OH-0010 01/01/202C UAVG indicates, that the rate is a weighted union average rate. OH' indicates the State of OI The next number,, 01010 in the, example,., is an internal number used in producing, -the wage determination. 'The date 01/01/2,024 in the example, indicates the date the wage determination was upda�ted to reflect the most current union average rate, A UAVG rate will be updated once a year,, usually in January, to reflect a), weighted average of the current rates in the collective bargaining agreements on w,hi,ch the rate is based. Surve y Rate Identifiers The ""SU"" 'identifier indicates that eithera single non-union rate, prevailed as defined 'in 29 CFR 1.,2) for this classification in the survey or, that the rate was derived by computing a weighted average rate based on all the ratles. reported in the survey for that classification. As a weighted avera ,,ge rate includes all rates reported In the survey, it may include both union and non-union rates,, Example*, SUFL2022-007 6/27/2024. SU indicates the, rate is a single nom-union prevaili,ng rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on 'which these classifications ndl rates, are based, The next number,,, 007 in the example, is an internal number used in, producing the wage determinati,on., The date, 6/27/2024 in the example,, indicates the survey completion date, for the classifications and' rates under that identifier. ?SU? wage rateS typically remain in effect until a new survey is conducted, However,, the gage, and Hour Division (WHIR) has the discretion to update such rates under 29 CFR, 1.6(c)(1). Staite Adopted Rate Identifiers 'The SA"'" identifier 'Indicates that the classifications and prevailin g wage rates set b a state (or local) government1wiere Y adopted under 29 C.F.R, 1.31(g)-(h), Example: SAME2023-007 01/03/2024. SA ref lects that the rates are state adopted, ME refers to the State of Maine 2,023 is the year during which the sta�te completed the survey on which, the listed classifications and rates are based. The next number, 007 inthe example, is an internal, number used in producing the wage determination,* the date,, 01/03/120,24 in the example,, reflects the date on whi"ch the, classifications and rates under the ?SA? identifier took, effect under state l,aw in the state from which the rates were ,adopted, WAGE DETERMINATION APPEALS PROCESS, 1) Has there been an 'Initial decision in the matter? This can be& a) a survey underlying a wage, determination b) an existing published wage determination c), an "initial WHIR letter setting for a, position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact,, including requests for summaries of slurveys,, should be directed to the WHD Branch of Wage Surveys, Requests can be submitted via email to davi*,Sba,con1'nfo@dol.gov or by mail, to. Branch of Wage Surveys Wage and Hour Division U,S,. Department of Labor 200 Constitution Avenue., NMV Washington), DC, 20210 Regarding any other wage determination matter such as conformance decisions, requests for, Initial decisions should be ,directed to the WHD Branch of Construction Wage Det erg minat ions. Requests can be submitted via email to BCWD-0,ff1'ce@do1.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 2:00 Constitution Avenue, N.W Washington, DC 20210 2) If an initial, decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can, request review and recionsilderatillon from the Wage and Hour Administrator (See 29 CFR Part, I-8 and 29 CFR Part 7) Requests for review and reconsideration can be submitted via email to dba,,re sid:er o�n@do,l.gov or by mail to. Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue,, N.W Washington,, DC 202,110 The requiest should be accompanilled by a full statement of the (wag pay� interested party's position an in d any �form n e menta�tio a A datia, project description,, area practice material, eitc.), that the requester considers relevant to the isslue. 3�) If the decision of the Administrator is not favorable, an interested party may, appeal directly to the, Administrative Review, Board (formerly the wage Apipeals Board). Write to. Administrative Review Board' U,S. Department of Labor 200 Constitution Avenue,$, N*W* Washington, D,C 2,02109 END OF GENERAL DECISION" �G3 o couRr� Kevin Madok, CPA LIJ, �. �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida ti40z coo N-1 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 BGCC Meeting The following item has been executed and added to the record: C 1 6 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. c c: 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 C ontractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 15th day of October in the year of Two Thousand and Twenty-Five BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner) And the Contractor: General Asphalt Co. LLC 4850 NW 72"d Avenue Miami, FL 33166 ("Contractor") For the following Project: Card Sound Road at 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 permuted 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. Judah Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-21 6 Key West, Florida 33040 For the Contractor: General Asphalt Co. LLC 4850 NW 72nd 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 Ti BBY'S CREEK BRIDGE#904982. October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 32 The Contractor shall achieve Substantial Completion of the entire Work not later than 548 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. Original Contract .Amount Daily Charge Per Calendar Day S29.9..9.9.9. and. under................. S30101M10101 buI less, than $2,0001,000..............................$1,685 S2,000,000buI less, than $S,QQQ,QQQ...........................�2,667 S5,010101,010101 but less, than $1Q,QQQ,QQQ.........................�3,$13 1 01M0101fl10101 buI less, than $2011.0001,000.......................$5,Q21 S20,000,000 but less, than $4Q,QQQ,QQC�.......................�7,442 S401.010101.010101 and. over...............S 1 4,224 plus, 01.010101015 of any amount over $40 million (Round. to nearest -whole dollar). The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any 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 have been 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 unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e)actions, embargoes,or blockades in effect on or after the date of this Agreement; October 2025 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 any Uncontrollable 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 DD 110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment,the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). The public agency may withhold from each progress payment made to the contractor an amount not exceeding 5% of the payment as retainage. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete work and unsettled claims, including the assessment of liquidated damages: and 5.7.2 Within 20 business days after the list of incomplete work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainage previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work(i.e., "punch" list items); and 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None 5.9 Change Order are subject to the provisions of the Contract Documents, including any requirements or conditions applicable to this project due to grant agreements or other October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 requirements imposed by the awarding agency. All change orders are subject to approval (concurrence) of FDOT, as the awarding agency. ARTICLE 5 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 Came 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 commuted an act defined by Section 287.133,Florida Statutes, as a "public entity came" and that it has not been formally charged with committing an act defined as a "Public entity came" 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 came" 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 came 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 records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. c} Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permuted 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 g 1- 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; g) 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 subj ect to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price,or otherwise recover the full amount of any fee,commission,percentage, gift, or consideration paid to the former County officer or employee. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"Public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 prevailing parry, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, publicrecord aecaunty-fl.Y.av, (305) 292-3470 n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, 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 Proj ect. w) Hold Harmless and Indemnification: 1) Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hod the COUNTY and the CO NTY'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 goo. 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 subconsutants (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 hod 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 third Party 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 new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 7.12 Ownership of the Project Documents: The documents prepared by the CONTRACTOR for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 7.13 Successors and Assigns: The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other 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 .:� ,11WW . .��.. � 1 � .e . � 1 .1 �tl 273. and included as Attachment A. ,].-........,�..................`/"`........................................,-i-................................................ 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 FDGT, the Federal awarding agency, FEMA, and the Regional Office of the Environmental Protection Agency (EPA), as needed. 2. Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations 129 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The current prevailing wage determination issued by the Department of Labor is included and attached as Attachment B. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations 29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. § 5.5(a)(1-(11). All applicable contractors must include these provision in full in any subcontracts. (a)Required contract clauses. The Agency head will cause or require the contracting officer to require the contracting officer to insert in full, or(for contracts covered by the Federal Acquisition Regulation (48 CFR chapter 1)}by reference, in any contract in excess of$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the laws referenced by 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency,Provided, That such modifications are first approved by the Department of Labor): (1)Minimum wages (i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work(or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 without subsequent deduction or rebate on any account(except such payroll deductions as are permuted 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 Le)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 paragruh r (a)(1)(0 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 k rUh (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)(iiij of this section) and the Davis-Bacon poster(WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Frequently recurring classifications. (A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3 , wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iiij 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 (a)(I)(iii)(A)(31rUh 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��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��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 paragrMhs (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 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 para rgph (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 para rgph (a)(3)(ivj 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 para rgph (a)(2)(i)orb 3 i of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignees); (E) A contractor's suc c es s or(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 ffinge benefits. Whenever the Secretary of Labor has found under Para rgph (a)(1)(y) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141 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 Para r4ph (a)(3)(i) 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 Dyson webs to at https:Ilwww.dol.govlsrtesldolgovIfiles1WHDIle acy ileslwh3471.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 para rash (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under Para rgph (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 WI-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 s i gn ature. (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 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)►Sranctions 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 permuted 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 permuted to work at less than the predetermined rate for the work they perform in the first go 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 permuted 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 al I owab I e rati o of apprenti ces to j ourneyworkers on the j ob s ite in any craft classification must not be greater than the ratio permuted 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 Para rgph (a)(4)(i) ) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated Paragruh r (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 permuted 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 j ourneyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. (ii)Equal employment opportunity. The use of apprentices and j ourneyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 2g CFR part 303D. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 2g CFR part 33, which are incorporated by reference in this contract. (6)►Srubcontracts. 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 oflower- 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-Macon 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 cause 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(12 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 U. (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 Fours and Safety Standards Act(CWHSSA). The Agency Head must cause or require the contracting officer to insert the following clauses set forth in para rUhs (b)(1)through t5j 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 para rMh (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in para rMh (b)(1) of this section, in the sum of$33 for each calendar day on which such individual was required or permuted 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 causes set forth in this para rMh (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 Para rgph (a)(2)(i)orb 3 i of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignees); (E) A contractor's suc c es s or(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 para rgphs (b)(1)through t5j of this section and a cause 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 oflower-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 para rgph fib) of this section, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by§ 5.1, the Agency Head must cause or require the contracting October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. (d)Incorporation of contract clauses and wage determinations by reference. Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text. (e)Incorporation by operation of law. The contract clauses set forth in this section(or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which includes all Federal-aid construction contracts in any amount in excess $100,000, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. (i) Withholding Process. The recipient or subrecipients may upon its own action, or must upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liability of the prime contractor or any subcontractors for any unpaid wages, monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph(a)(2)(i) or(b)(3)(i) of this section, or both, over claims to those funds by: (A)A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either acourt-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 7-15 of FDOT specifications). For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor(USDOL) Wage Rates applicable to this Contract are listed in Attachment B: Davis Bacon Wage Rates, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables)through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. 3. Clean Air Act: The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn,report each violation as required to assure notification to the Federal October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FHWA or other Federal Awarding Agency. Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to the (FDEM or other pass-through entity, if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FHWA or other Federal Awarding Agency. 4. Debarment and Suspension: This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters. This certification is a material representation of fact relied upon by COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. Byrd Anti-Lobbying Amendment: Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the federal agency. October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 6. Compliance with Procurement of recovered materials: In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired a)Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should,to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 7. The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 719 CONTRACTOR Purchase Equipment for Local ownership: in accordance with the provisions of 23 CFR 140 the CONTRACTOR will not purchase equipment for County ownership. 7.20 Certification of Disclosure of Lobbying Activities: Executed copies of FDOT Certification for Disclosure of Lobbying Activities on Federal Aid Contracts form 375-030-33 and Disclosure of Lobbying Activities Form 375-030-34 that were submitted with CONTRACTOR Bid Proposal are included in the contract. 7.21 Statement of No Conflict: Neither the COUNTY nor any of its CONTRACTORs or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the COUNTY or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the COUNTY, the COUNTY, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the COUNTY or the locality relating to such contract, subcontract or arrangement. The COUNTY shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its CONTRACTORs to insert in each of their subcontracts, the following provision: "No member, officer or employee of the COUNTY or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the COUNTY and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 7.22 Compliance with Procurement of recovered materials: In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired a)Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program I US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should,to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. 7.23 Prohibition on certain telecommunications and video surveillance services or equipment: Definitions. As used in this clause, the terms backhau ; 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 affi l i ate 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 g of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (..5 . 1 a. a. a 4; 7). ................................... Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered(e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b)Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2)Unless an exception in paragraph(c) of this clause applies,the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c)Exceptions, October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 1) This clause does not prohibit contractors from providing i. A service that connects to the facilities of a third-party, such as backhau ,roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: i. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3)Deporting 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 numb er(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. 117-5 8, §§ logo 1-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FHWA, the federal agency; subrecipients will forward disclosures to the passthrough entity, Who will, in turn, forward the disclosures to FHWA or other Federal Awarding Agency. For FHWA financial assistance programs or other federally funded programs subject to BABAA, contractors and subcontractors must sign and submit the BABAA certification to the next tier(e.g., subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. 7.26 The follow items will not be allowed in this contract: 1. CONTRACTOR Purchased Equipment for State or Local ownership - Per 23 CFR 1401 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 635.4o9 3. Public Agencies in Competition with the Private Sector Per 23 CFR 635.112(e), 4. Publicly owned Equipment -Per 23 CFR 635.106, 5. State/Local owned/Furnished Designated Materials Per 23 CFR 635.407 Note: Local Agency tax savings programs are will not be allowed. 6. Local/State Hiring Preferences Per 23 CFR 635.117) and 23 CFR 635.112(d). No Preference programs. Examples include in-state or local business; location of CONTRACTOR; limitations in business enterprises; local economic development hiring practices or programs; targeted hiring practices or programs (e.g., homeless, welfare-to-work, veterans); or exclusionary business preferences not based on federal sanctions. 7. Patented/Proprietary/Sole Sources Materials will not be allowed on this contract. 337.02 F.S. 8. Incentive/Disincentive Clauses. The Agency has elected not to use incentive/disincentive clauses in this proposal. Per 23 CFR 635.127 (d & f). g. 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 & 255.2o F.S. October 2025 STANDARD FORM of AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 11. Foreign CONTRACTOR and Supplier Restrictions. Agency will not limit this proposal to domestic owned CONTRACTORs only. Per 49 CFR 30 12. Inspector General - "It is the duty of every state officer, employee, agency, special district board, commission, contractor, and sub-contractor to cooperate with the inspector in any investigation, audit, inspection, review or hearing to pursuant to this section. " ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 2025 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Card Sound Road at Tubby's Creek 4904985 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 9.1.6 The Addenda, if any, are as follows: October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article g. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 I!I i i ESS WHEREOF the parties hereto have executed this Agreement on the day and date first Ah itte e in counterparts, each of which shall, without proof or accounting for the other e deemed an original contract. AL � r BOARD or COUNTY COMMISSIONERS ~ � VIN MADOK,Clerk Or MONROE COUNTY,FLORIDA By; $yImp— As ^, Dep ty Clerk Mayor ' 4 # t rL^' Date Vo T CD v■' �$ ,r CONTRACTOR ;t - ..-- 40 ~ A" CA 810 so as Er .44 w 24.FYI • w By. i ~ ■: , ■■,• �4.���r a f Title. ♦�I� . ,���11�lit1�1■ END OF SECTION 00500 MONROE COUNTY ATTORNEY APPROVED AS TO FORM CA T-11ti-41 I I vf)�fi—er,-I,zi�mm)L CHRISTINE LIMBERT■BARROWS SR.ASSISTANT COUNTY ATTORNEY DATE:— 125 c October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 SECTION 00300 SCOPE OF WORK 1. GENERAL SCOPE 1.1 The Scope of Work shall include,but not be limited to,all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. 12 The Scope of Work consists of the replacement of Tubby's Creek Bridge #904982 on Card Sound Road (CR 905A) to include phased construction of three span bridges supported by end bents with wrap around retaining walls and other construction as shown on the Drawings and included in the Technical Specifications. Work for both projects will proceed concurrently. The Project is partially funded by a Local Agency Program (LAP) grant through FDOT, and contractor will adhere to applicable requirements. 1.3 Provide all labor,supervision,materials,supplies,equipment,tools,construction equipment,transportation, inspection,and proper execution and completion of all Work as specified in the Project Manual included in this Bid Package. END OF SECTION 00300 2025 SCOPE OF WORK 000300 ------------------------------------ III � ?SN' �� I I N' ���.r�{'� ''N' �T,_h 'ii i1Y 'WxNi id. �Ip�. '0 tJ. ...... tj imp .10 qly,� Hr 44IrM' rA lixxxWNN 51 Pill. im 4) ('n I'd) .49 VI) 011A 7 ,wq Hilo xY N ".i9 73 ixx re - --- -------- -------- ............------------- ---- ------------------------------------------------------------------------------------------------ ....................... ......................... ............................................................................ ................................................. 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Ali Ja jr µJjli I's IXi -Ilk !LIP dfh6m od VW,l lqt Cm lie J'J lw rn 0 10 c) 10 o ------------------ F-Ic Li Ld LLI -------------------------------...................... rM eo ON I IF ;eo 11- 6-21-44 11 M+y�gJ is Ser..d� ,,. ram. �� � 7, 41, L: � ct *.6w W_ ce* ------------------- ---------- Z-4 ii 14 W-f ......... ...... Attachment A: FHWA 1273- Federal Aid Construction Contracts October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 FHWA-1273—Revised October 23,2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I. General and with the assistance of workers under the contractor's II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VI I. Safety:Accident Prevention withholding of progress payments,withholding of final VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension 1 debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole,supervised release,or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230, Subpart A,Appendix A; EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23, United States construction contracts and to all related construction Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies: Executive Order 11246,41 CFR 633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts order, rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding subcontracts for design services, purchase orders,rental agreements and other agreements for Note:The U.S. Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C. 794),and however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders, rental 21)26,and 27;and 23 CFR Parts 200,230,and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A,Appendix A,with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements. 1 1.Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4. Recruitment: When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: "An Equal Opportunity Employer." All such are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion, sex, agreement providing for exclusive hiring hall referrals,the sexual orientation,gender identity,color, national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion,or transfer; recruitment or recruitment compliance with EEG contract provisions. Where advertising; layoff or termination; rates of pay or other forms implementation of such an agreement has the effect of of compensation;and selection for training,including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates training." Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEG Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type, including hiring,upgrading, staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be discharge employees,or who recommend such action or are taken without regard to race,color,religion,sex,sexual substantially involved in such action,will be made fully orientation, gender identity,national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum: do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months,at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve women. such complaints,and will take appropriate corrective action 2 within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these 6.Training and Promotion: special provisions,such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants 1 applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations,the would cause an undue hardship. contractor shall make full use of training programs(i.e., apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race,color, religion,sex,sexual this subparagraph will be superseded as indicated in the orientation, gender identity,national origin,age,or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors, including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers,and lessors of their EEO obligations under this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DDT'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 the project indicating the number of minority,women,and non- mechanics employed or working upon the site of the work for otherwise working in construction or development of the minority group employees currently engaged in each work classification required by the contract work. This information is project under a development statute},will be paid to be reported on Form FHWA-1 39 1. The staffing data should unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the training is being required by special provision,the contractor will be required to collect and report training data. The Copeland Act(29 CFR part 3)},the full amount of basic hourly employment data should reflect the work force on board during wages and bona fide fringe benefits for cash equivalents all or any part of the last payroll period preceding the end of thereof}due at time of payment computed at rates not less July. 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 III,NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers and mechanics.As provided in paragraphs(d)and(e)of 29 This provision is applicable to all Federal-aid construction CFR 5.5,the appropriate wage determinations are effective by contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the than$10,000. 41 CFR 60-1.5. contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act(40 As prescribed by 41 CFR 60-1.8,the contractor must ensure U.S.C.3141 )on behalf of laborers or mechanics are that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics,subject manner that segregation on the basis of race,color, religion, to the provisions of paragraph 1.e.of this section;also, regular sex,sexual orientation, gender identity,or national origin contributions made or costs incurred for more than a weekly cannot result. The contractor may neither require such period(but not less often than quarterly)under plans,funds,or segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period,are by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such further to ensure that its employees are not assigned to weekly period.Such laborers and mechanics must be paid the perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage control where the facilities are segregated. The term"facilities" determination for the classifications)of work actually includes waiting rooms,work areas,restaurants and other performed,without regard to skill,except as provided in eating areas,time clocks, restrooms,washrooms, locker paragraph 4.of this section. Laborers or mechanics performing rooms and other storage or dressing areas, parking lots, work in more than one classification may be compensated at drinking fountains, recreation or entertainment areas, the rate specified for each classification for the time actually transportation,and housing provided for employees. The worked therein: Provided,That the employers payroll records contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in necessary dressing or sleeping areas to assure privacy which work is performed.The wage determination(including between sexes. any additional classifications and wage rates conformed under paragraph 1.c.of this section)and the Davis-Bacon poster (WH-1321)must be posted at all times by the contractor and IV, DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and b. Frequently recurring classifications. (1)In addition to wage Tower-tier subcontracts regardless of subcontract size),in and fringe benefit rates that have been determined to be accordance with 29 CFR 5.5. The requirements apply to all prevailing under the procedures set forth in 29 CFR part 1,a projects located within the right-of--way of a roadway that is wage determination may contain,pursuant to�1.3�f},wage functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of laborers and This excludes roadways functionally classified as local roads mechanics for which conformance requests are regularly or rural minor collectors,which are exempt. 23 U.S.C. 101. submitted pursuant to paragraph 1.c.of this section,provided Where applicable law requires that projects be treated as a that: project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project. Examples (i)The work performed by the classification is not include:Surface Transportation Block Grant Program projects performed by a classification in the wage determination for funded under 23 U.S.C. 133[excluding recreational trails which a prevailing wage rate has been determined; projects],the Nationally Significant Freight and Highway 4 (ii)The classification is used in the area by the under paragraphs 1.c.(3)and(4)of this section.The contractor construction industry;and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage (iii)The wage rate for the classification bears a reasonable determination.The wage rate(including fringe benefits where relationship to the prevailing wage rates contained in the appropriate)determined pursuant to paragraph 1.c.(3)or(4)of wage determination. this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii)of this d. Fringe benefits not expressed as an hourly rate. section.Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit wage determination for such classification. which is not expressed as an hourly rate,the contractor may either pay the benefit as stated in the wage determination or c. Conformance. (1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics, including helpers,which is equivalent thereof. not listed in the wage determination and which is to be employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make the wage determination. Conformance of an additional payments to a trustee or other third person,the contractor may classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That (i)The work to be performed by the classification the Secretary of Labor has found, upon the written request of requested is not performed by a classification in the wage the contractor, in accordance with the criteria set forth in determination;and §5.28,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the (ii)The classification is used in the area by the contractor to set aside in a separate account assets for the construction industry;and meeting of obligations under the plan or program. iii The proposed wage rate, including an bona fide fringe f. Interest. In the event of a failure to pay all or part of the � } p p g g y g wages required by the contract,the contractor will be required benefits,bears a reasonable relationship to the wage rates contained in the wage determination. to pay interest on any underpayment of wages. (2)The conformance process may not be used to split, 2, Withholding(29 CFR 5.5) subdivide,or otherwise avoid application of classifications listed in the wage determination. a. Withholding requirements.The contracting agency may, upon its own action,or must,upon written request of an (3)If the contractor and the laborers and mechanics to be authorized representative of the Department of Labor,withhold employed in the classification(if known),or their or cause to be withheld from the contractor so much of the 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 DBAoonformanoedol.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 is held by the same prime contractor(as defined in§5.2).The and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under contracting officer within the 30—day period that additional time this contract,any other Federal contract with the same prime is necessary. contractor,or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is (4)In the event the contractor,the laborers or mechanics to held by the same prime contractor,regardless of whether the be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency, the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate(including the amount designated for which the funds were withheld. In the event of a for fringe benefits,where appropriate),the contracting officer contractor's failure to pay any laborer or mechanic,including will,by email to D Aconforrr ance dol.aov,refer the any apprentice or helper working on the site of the work all or questions,including the views of all interested parties and the part of the wages required by the contract,or upon the recommendation of the contracting officer,to the Administrator contractor's failure to submit the required records as discussed for determination.The Administrator,or an authorized in paragraph 3.d.of this section,the contracting agency may representative,will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30—day period that additional time suspension of any further payment,advance,or guarantee of is necessary. funds until such violations have ceased. (5)The contracting officer must promptly notify the b. Priority to withheld funds.The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph 5 2.a.of this section or Section V, paragraph 3.a.,or both,over agency.The prime contractor is responsible for the submission claims to those funds by: of all certified payrolls by all subcontractors.A contracting agency or prime contractor may permit or require contractors (1)A contractor's surety(ies), including without limitation to submit certified payrolls through an electronic system,as 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 (2)A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the prime contract has been completed;and the contracting (3)A trustee agency or prime contractor permits other methods ofs}neither 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; (4)A contractor's assignees); (2)Information required.The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2)of this (5)A contractor's successors);or section,except that full Social Security numbers and last known addresses,telephone numbers,and email addresses must not be included on weekly transmittals. Instead,the �6}A claim asserted under the Prompt Payment Act,�1 certified payrolls need only include an individually identifying U.S.C.3901-3907. number for each worker(e.g.,the last four digits of the worker's Social Security number).The required weekly 3. Records and certified payrolls(29 CFR 5.5) certified payroll information may be submitted using Optional Form WH-347 or in any other format desired.Optional Form WH-347 is available for this purpose from the Wage and Hour a. Basic record requirements(1)Length of record retention. Division website at htt allwww.dol. ov1site eslWHDI All regular payrolls and other basic records must be 1e cyIfileslwh347I_._�dfor 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. (2)Information required.Such records must contain the (3)Statement of Compliance. Each certified payroll 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 classifications)of work actually performed; the payment of the persons working on the contract,and must hourly rates of wages paid(including rates of contributions or certify the following: costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141 k2It of the Davis-Bacon Act);daily and weekly number (i)That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b. deductions made;and actual wages paid. of this section,the appropriate information and basic records are being maintained under paragraph 3.a.of this section, and such information and records are correct and complete; (3)Additional records relating to fringe benefits.Whenever the Secretary of Labor has found under paragraph 1.e.of this section that the wages of any laborer or mechanic include the (ii)That each laborer or mechanic(including each helper amount of any costs reasonably anticipated in providing and apprentice)working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned,without 3141�2��B�of the Davis-Bacon Act,the contractor must rebate,either directly or indirectly,and that no deductions maintain records which show that the commitment to provide have been made either directly or indirectly from the full such benefits is enforceable,that the plan or program is wages earned,other than permissible deductions as set financially responsible, and that the plan or program has been forth in 29 CFR part 3;and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual (iii)That each laborer or mechanic has been paid not less cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash equivalents for the classifications)of work actually (4)Additional records relating to apprenticeship.Contractors performed,as specified in the applicable wage determination with apprentices working under approved programs must incorporated into the contract. maintain written evidence of the registration of apprenticeship programs,the registration of the apprentices,and the ratios (4)Use of Optional Form WH-347.The weekly submission and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for b. Certified payroll requirements(1)Frequency and method submission of the"Statement of Compliance"required by of submission.The contractor or subcontractor must submit paragraph 3.b.(3)of this section. weekly,for each week in which any DBA-or Related Acts- covered work is performed,certified payrolls to the contracting 6 (5)Signature.The signature by the contractor, of each covered worker,and must provide them upon request subcontractor,or the contractor's or subcontractor's agent to the contracting agency,the State DOT,the FHWA,the must be an original handwritten signature or a legally valid contractor,or the Wage and Hour Division of the Department electronic signature. of Labor for purposes of an investigation or other compliance action. (6)Falsification.The falsification of any of the above certifications may subject the contractor or subcontractor to 4.Apprentices and equal employment opportunity(29 CFR civil or criminal prosecution under 13 U.S.C. 1001 and 31 5.5) U.S.C.3729. a.Apprentices(1)Rate of pay.Apprentices will be permitted (7)Length of certified payroll retention.The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed. with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship(OA),or with a State c. Contracts, subcontracts,and related documents. The Apprenticeship Agency recognized by the OA.A person who is contractor or subcontractor must maintain this contract or not individually registered in the program, but who has been subcontract and related documents including,without certified by the OA or a State Apprenticeship Agency(where limitation,bids, proposals,amendments, modifications,and appropriate)to be eligible for probationary employment as an extensions.The contractor or subcontractor must preserve apprentice,will be permitted to work at less than the these contracts,subcontracts,and related documents during predetermined rate for the work they perform in the first 90 the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a work on the prime contract is completed. program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program,the contractor will no longer be d. Required disclosures and access(1)Required record permitted to use apprentices at less than the applicable disclosures and access to workers.The contractor or predetermined rate for the work performed until an acceptable subcontractor must make the records required under program is approved. paragraphs 3.a.through 3.c.of this section,and any other documents that the contracting agency,the State DOT,the (2)Fringe benefits.Apprentices must be paid fringe benefits FHWA,or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe any of the applicable statutes referenced by§5.1,available for benefits,apprentices must be paid the full amount of fringe inspection,copying,or transcription by authorized benefits listed on the wage determination for the applicable representatives of the contracting agency,the State DOT,the classification. If the Administrator determines that a different FHWA,or the Department of Labor,and must permit such practice prevails for the applicable apprentice classification, representatives to interview workers during working hours on fringe benefits must be paid in accordance with that the job. determination. (2)Sanctions for non-compliance with records and worker (3)Apprenticeship ratio.The allowable ratio of apprentices to access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must submit the required records or to make them available,or not be greater than the ratio permitted to the contractor as to refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio the job,the Federal agency may,after written notice to the applicable to the locality of the project pursuant to paragraph contractor,sponsor,applicant,owner,or other entity,as the 4.a.(4)of this section.Any worker listed on a payroll at an case may be,that maintains such records or that employs apprentice wage rate,who is not registered or otherwise such workers,take such action as may be necessary to cause employed as stated in paragraph 4.a.(1)of this section,must the suspension of any further payment,advance,or guarantee be paid not less than the applicable wage rate on the wage of funds. Furthermore, failure to submit the required records determination for the classification of work actually performed. upon request or to make such records available,or to permit In addition,any apprentice performing work on the job site in worker interviews during working hours on the job, may be excess of the ratio permitted under this section must be paid grounds for debarment action pursuant to§5.12. In addition, not less than the applicable wage rate on the wage any contractor or other person that fails to submit the required determination for the work actually performed. records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative (4)Reciprocity of ratios and wage rates.Where a contractor proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than that were not provided or made available to WHD.WHD will the locality in which its program is registered,the ratios and take into consideration a reasonable request from the wage rates(expressed in percentages of the journeyworker's contractor or person for an extension of the time for hourly rate)applicable within the locality in which the submission of records. WHD will determine the construction is being performed must be observed. If there is reasonableness of the request and may consider,among other no applicable ratio or wage rate for the locality of the project, things,the location of the records and the volume of the ratio and wage rate specified in the contractor's registered production. program must be observed. (3)Required information disclosures.Contractors and b. Equal employment opportunity.The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address,telephone number,and email address 7 the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any Order 11246,as amended,and 29 CFR art 3®. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 314 or§5.12(a). c. Apprentices and Trainees(programs of the U.S. DOT). c.The penalty for making false statements is prescribed in Apprentices and trainees working under apprenticeship and the U.S.Code,Title 18 Crimes and Criminal Procedure, 18 skill training programs which have been certified by the U.S.C. 1001. Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 11.Anti-retaliation. It is unlawful for any person to discharge, subject to the requirements of paragraph 4 of this Section IV. demote,intimidate,threaten,restrain,coerce,blacklist, harass, 23 CFR 230.111(e)(2).The straight time hourly wage rates for or in any other manner discriminate against,or to cause any apprentices and trainees under such programs will be person to discharge,demote, intimidate,threaten, restrain, established by the particular programs.The ratio of coerce,blacklist, harass,or in any other manner discriminate apprentices and trainees to journeyworkers shall not be against,any worker or job applicant for: greater than permitted by the terms of the particular program. a. Notifying any contractor of any conduct which the worker 5.Compliance with Copeland Act requirements, The reasonably believes constitutes a violation of the DBA, Related contractor shall comply with the requirements of 29 CFR part Acts,this part,or 29 CFR art 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 pgrtj,or 3; wage determinations)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 art 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 pgrtj,or 3. contractor and any subcontractor(s)responsible will be liable for any unpaid wages and monetary relief,including interest from the date of the underpayment or loss,due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS of lower-tier subcontractors,and may be subject to debarment, ACT as appropriate. 29 CFR 5.5. 7.Contract termination:debarment. A breach of the Pursuant to 29 CFR 5.5(b),the following clauses apply to any contract clauses in 29 CFR 5.5 may be grounds for termination Federal-aid construction contract in an amount in excess of of the contract,and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the 8.Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and requirements. All rulings and interpretations of the Davis- guards. Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. '1,Overtime requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall 9.Disputes concerning labor standards.As provided in 29 require or permit any such laborer or mechanic in any CFR 5.5,disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such clause of this contract. Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours set forth in 29 CFR parts 5,6,and 7. Disputes within the worked in excess of forty hours in such workweek. 29 CFR meaning of this clause include disputes between the contractor 5.5. (or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. 2.Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph 1.of this section the contractor and any 10.Certification of eligibility.a. By entering into this contract, subcontractor responsible therefor shall be liable for the the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment. who has an interest in the contractor's firm is a person or firm In addition,such contractor and subcontractor shall be liable to ineligible to be awarded Government contracts by virtue of 40 the United States(in the case of work done under contract for U.S. or§5.12(a). the District of Columbia or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or 8 mechanic,including watchpersons and guards,employed in event of any violations of these clauses,the prime contractor violation of the clause set forth in paragraph 1.of this section, and any subcontractor(s)responsible will be liable for any in the sum currently provided in 29 CFR 5.5(b)(2)*for each unpaid wages and monetary relief,including interest from the calendar day on which such individual was required or date of the underpayment or loss,due to any workers of lower- permitted to work in excess of the standard workweek of forty tier subcontractors,and associated liquidated damages and hours without payment of the overtime wages required by the may be subject to debarment,as appropriate. clause set forth in paragraph 1.of this section. 5.Anti-retaliation,It is unlawful for any person to discharge, *$31 as of January 15,2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist, harass, be adjusted annually by the Department of Labor, pursuant to or in any other manner discriminate against,or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge,demote, intimidate,threaten, restrain, coerce,blacklist, harass,or in any other manner discriminate 3.Withholding for unpaid wages and liquidated damages against,any worker or job applicant for: a. Withholding process.The FHWA or the contracting a. Notifying any contractor of any conduct which the worker agency may,upon its own action,or must,upon written reasonably believes constitutes a violation of the Contract request of an authorized representative of the Department of Work Hours and Safety Standards Act(CWHSSA)or its Labor,withhold or cause to be withheld from the contractor so implementing regulations in this part; much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime b. Filing any complaint,initiating or causing to be initiated contractor or any subcontractor for any unpaid wages; any proceeding,or otherwise asserting or seeking to assert on monetary relief, including interest;and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract,any other Federal contract with the same prime contractor,or any other federally assisted contract subject to C.Cooperating in any investigation or other compliance the Contract Work Hours and Safety Standards Act that is held action,or testifying in any proceeding under CWHSSA or this by the same prime contractor(as defined in§5.2).The part;or necessary funds may be withheld from the contractor under this contract,any other Federal contract with the same prime contractor,or any other federally assisted contract that is d. Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part. and is held by the same prime contractor,regardless of whether the other contract was awarded or assisted by the same agency,and such funds may be used to satisfy the VI.SUBLETTING OR ASSIGNING THE CONTRACT contractor liability for which the funds were withheld. This provision is applicable to all Federal-aid construction b. Priority to withheld funds.The Department has priority to contracts on the National Highway System pursuant to 23 CFR funds withheld or to be withheld in accordance with Section IV 635.116. paragraph 2.a.or paragraph 3.a.of this section,or both,over claims to those funds by: 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a (1)A contractor's surety(ies), including without limitation greater percentage if specified elsewhere in the contract}of performance bond sureties and payment bond sureties; the total original contract price,excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such (2)A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total original contract price before computing the amount of work (3)A trustee(s)(either a court-appointed trustee or a U.S. required to be performed by the contractor's own organization trustee,or both)in bankruptcy of a contractor,or a contractor's (23 CFR 635.116). bankruptcy estate; a. The term"perform work with its own organization"in paragraph 1 of Section VI refers to workers employed or (4)A contractor's assignees); leased by the prime contractor,and equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or equipment of a �5}A contractor's successors};or subcontractor or lower tier subcontractor,agents of the prime contractor,or any other assignees. The term may include (6)A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an U.S.C.3901-3907. employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the 4,Subcontracts,The contractor or subcontractor must insert following conditions:abased on longstanding interpretation) in any subcontracts the clauses set forth in paragraphs 1. through 5.of this section and a clause requiring the (1)the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts.The prime contractor is responsible for employees; compliance by any subcontractor or lower tier subcontractor (2)the prime contractor remains responsible for the quality with the clauses set forth in paragraphs 1.through 5. In the of the work of the leased employees; 9 (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls,statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative b. "Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act(40 U.S.C. components of the overall contract. 23 CFR 635.102. 3704). 2. Pursuant to 23 CFR 635.116(a),the contract amount upon which the requirements set forth in paragraph(1)of Section VI VIII.FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 3. Pursuant to 23 CFR 635.116(c),the contractor shall furnish (a)a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in by the firm, has full authority to direct performance of the work conformity with approved plans and specifications and a high in accordance with the contract requirements,and is in charge degree of reliability on statements and representations made of all construction operations(regardless of who performs the by engineers,contractors,suppliers,and workers on Federal- work)and(b)such other of its own organizational resources aid highway projects, it is essential that all persons concerned (supervision,management,and engineering services)as the with the project perform their functions as carefully,thoroughly, contracting officer determines is necessary to assure the and honestly as possible. Willful falsification,distortion,or performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any 4. No portion of the contract shall be sublet,assigned or misunderstanding regarding the seriousness of these and otherwise disposed of except with the written consent of the similar acts, Form FHWA-1022 shall be posted on each contracting officer,or authorized representative,and such Federal-aid highway project(23 CFR Part 635)in one or more consent when given shall not be construed to relieve the places where it is readily available to all persons concerned contractor of any responsibility for the fulfillment of the with the project: contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows: and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). "Whoever, being an officer,agent,or employee of the United States,or of any State or Territory,or whoever,whether a 5.The 30-percent self-performance requirement of paragraph person,association,firm,or corporation, knowingly makes any (1)is not applicable to design-build contracts; however, false statement,false representation,or false report as to the contracting agencies may establish their own self-performance character,quality,quantity,or cost of the material used or to requirements. 23 CFR 635.116(d). be used,or the quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs VII.SAFETY:ACCIDENT PREVENTION of construction on any highway or related project submitted for approval to the Secretary of Transportation;or This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the 1. In the performance of this contract the contractor shall character,quality,quantity,or cost of any work performed or to comply with all applicable Federal, State,and local laws be performed,or materials furnished or to be furnished,in governing safety, health,and sanitation(23 CFR Part 635). connection with the construction of any highway or related The contractor shall provide all safeguards,safety devices and project approved by the Secretary of Transportation;or protective equipment and take any other needed actions as it determines,or as the contracting officer may determine,to be Whoever knowingly makes any false statement or false reasonably necessary to protect the life and health of representation as to material fact in any statement,certificate, employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid protect property in connection with the performance of the Roads Act approved July 11, 1916, (39 Stat. 355),as work covered by the contract. 23 CFR 635.108. amended and supplemented; 2. It is a condition of this contract,and shall be made a Shall be fined under this title or imprisoned not more than 5 condition of each subcontract,which the contractor enters into years or both." pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her health or safety,as determined under construction safety and 10 IX,IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT(42 U.S.C. 7606;2 e.The terms"covered transaction,""debarred," CFR 200.88; EO 11738) "suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180, Subpart I, 180.900-180.1020,and 1200. contracts in excess of$150,000 and to all related "First Tier Covered Transactions"refers to any covered subcontracts. 48 CFR 2.101;2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant(such as the prime or general contract). By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions"refers to any covered contract or subcontract,as appropriate,the bidder, proposer, transaction under a First Tier Covered Transaction(such as Federal-aid construction contractor,subcontractor,supplier,or subcontracts). "First Tier Participant"refers to the participant vendor agrees to comply with all applicable standards,orders who has entered into a covered transaction with a recipient or or regulations issued pursuant to the Clean Air Act(42 U.S.C. subrecipient of Federal funds(such as the prime or general 7401-7671 q)and the Federal Water Pollution Control Act,as contractor). "Lower Tier Participant"refers any participant who amended(33 U.S.C. 1251-1387).Violations must be reported has entered into a covered transaction with a First Tier to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants(such as of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers). Appendix II. f.The prospective first tier participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that,should the proposed covered transaction be requirements of this Section in every subcontract,and further entered into,it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency may covered transaction with a person who is debarred, direct as a means of enforcing such requirements. 2 CFR suspended,declared ineligible,or voluntarily excluded from 200.327. participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled "Certification Regarding Debarment,Suspension, Ineligibility This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions," contracts,design-build contracts,subcontracts, lower-tier provided by the department or contracting agency,entering subcontracts,purchase orders, lease agreements,consultant into this covered transaction,without modification, in all lower contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost$25,000 or more— as covered transactions exceeding the$25,000 threshold. 2 CFR defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300. 1200.220. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 1.Instructions for Certification—First Tier Participants: transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction, unless it a. By signing and submitting this proposal,the prospective knows that the certification is erroneous. 2 CFR 180.300; first tier participant is providing the certification set out below. 180.320,and 180.325. A participant is responsible for ensuring that its principals are not suspended,debarred,or b.The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2 below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals,as well covered transaction.The prospective first tier participant shall as the eligibility of any lower tier prospective participants,each submit an explanation of why it cannot provide the certification participant may,but is not required to,check the System for set out below.The certification or explanation will be Award Management website{http�i. wwww.sa .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 against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those connection with obtaining,attempting to obtain,or performing regulations. "First Tier Covered Transactions"refers to any a public(Federal, State,or local)transaction or contract under covered transaction between a recipient or subrecipient of a public transaction;violation of Federal or State antitrust Federal funds and a participant(such as the prime or general statutes or commission of embezzlement,theft,forgery, contract). "Lower Tier Covered Transactions"refers to any bribery,falsification or destruction of records, making false covered transaction under a First Tier Covered Transaction statements,or receiving stolen property,2 CFR 180.800; (such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a (3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds(such as the prime or civilly charged by a governmental entity(Federal,State or general contractor). "Lower Tier Participant"refers any local)with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph(a)(2)of this certification,2 CFR 180.700 and First Tier Participant or other Lower Tier Participants(such as 180.800;and subcontractors and suppliers). (4) Have not within a three-year period preceding this e.The prospective lower tier participant agrees by application/proposal had one or more public transactions submitting this proposal that,should the proposed covered (Federal,State or local)terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily (5)Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction, unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal(USDGT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332. appropriations act requirements);and f.The prospective lower tier participant further agrees by (6)Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled that has been assessed,for which all judicial and "Certification Regarding Debarment,Suspension, Ineligibility administrative remedies have been exhausted,or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction," and that is not being paid in a timely manner pursuant to an without modification,in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability(USDGT Order 4200.6 implementing appropriations act the$25,000 threshold. 2 CFR 180.220 and 1200.220. requirements). g.A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction, unless it CFR 180.335 and 180.340. knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, ***** debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as 3.Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the System for (Applicable to all subcontracts,purchase orders,and other Award Management website(https;ll vww.sam ),which is lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300) 180.320) 180.330,and 180.335. 1200). 2 CFR 180.220 and 1200.220. h. Nothing contained in the foregoing shall be construed to a. By signing and submitting this proposal,the prospective require establishment of a system of records in order to render lower tier participant is providing the certification set out below. in good faith the certification required by this clause.The knowledge and information of participant is not required to b.The certification in this clause is a material representation exceed that which is normally possessed by a prudent person of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i. Except for transactions authorized under paragraph a of certification,in addition to other remedies available to the these instructions, if a participant in a covered transaction Federal Government,the department,or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily 12 excluded from participation in this transaction,in addition to cooperative agreement,the undersigned shall complete and other remedies available to the Federal Government,the submit Standard Form-LLL,"Disclosure Form to Report department or agency with which this transaction originated Lobbying,"in accordance with its instructions. may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or ***** entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 4. Certification Regarding Debarment,Suspension, U.S.C. 1352. Any person who fails to file the required Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than Participants: $10)000 and not more than$100)000 for each such failure. a.The prospective lower tier participant certifies,by 3.The prospective participant also agrees by submitting its submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier (1)is presently debarred,suspended, proposed for subcontracts,which exceed$100,000 and that all such debarment,declared ineligible,or voluntarily excluded from recipients shall certify and disclose accordingly. participating in covered transactions by any Federal department or agency, 2 CFR 180.355; XII. USE OF UNITED STATES-FLAG VESSELS: (2)is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal(USDOT Order 4200.6 implementing contracts,design-build contracts,subcontracts, lower-tier appropriations act requirements);and subcontracts,purchase orders, lease agreements,or any other covered transaction. 46 CFR Part 381. (3)is a corporation with any unpaid Federal tax liability that has been assessed,for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted,or have lapsed,and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract. (USDOT Order 4200.6 implementing appropriations act requirements) When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a b.Where the prospective lower tier participant is unable to specific Federal-aid construction project,the bidder,proposer, certify to any of the statements in this certification,such contractor,subcontractor,or vendor agrees: prospective participant should attach an explanation to this proposal. 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage ***** (computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment, material,or commodities pursuant to this contract,to the XI.CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7. This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 $100,000. 49 CFR Part 20,App.A. working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, 1.The prospective participant certifies, by signing and `on-board'commercial ocean bill-of-lading in English for each submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section knowledge and belief,that: to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of a. No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift(MAR-620), Maritime paid,by or on behalf of the undersigned,to any person for Administration,Washington, DC 20590.(MARAD requires influencing or attempting to influence an officer or employee of copies of the ocean carrier's(master)bills of lading,certified any Federal agency,a Member of Congress,an officer or onboard,dated,with rates and charges.These bills of lading employee of Congress,or an employee of a Member of may contain business sensitive information and therefore may Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation contract,the making of any Federal grant,the making of any Intermediary on behalf of the contractor). 46 CFR 381.7. Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or 13 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification, (c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1 c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be,done as on-site work. 14 Attachment B: Davis Bacon Wage Rate October 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 0 0) Q U) 00 Ln r6 0� C: rl �D L. 4-1 ❑ m ❑ (1) >, ❑ (L) (1) +1 LA •rl r i 4-j Ln (1) +- r6 .�-p Ln (1) Ln (1) •rl -P rl M N L }J Q 4-J ru •rl D0 }- Q r6 = r-I r6 r6 -C ❑ a) r6 L. (1] r6 >, N r6 L. L Ln Lfn a3 +1 C: +1 N C: L. a3 L. r-I N ❑ ❑ 4-1 3 }p L. t�o ❑ -p r-I a3 •ri L. 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LA Q 0- 3 E W ❑ LA -0 •H r6 ❑ m 4-1 .-� c u LA •H r-I X 03 E L. � M L. ❑ 3 3 -0 L. = L. ❑ r6 E ❑ E r6 03 r6 •H LA W •H 0] = •H r-I C: ❑ •H L. 4- 0 LA E L. 4- 4- 03 -0 u L. LA -0 ❑ to Q 711 ❑ -0 LA •H > r6 r-I •H r6 4-1 u -0 4-1 C: •H •H 4-1 C •r-I W d ❑ W W 4-J •H 4-1 C: •H 3 3 u 4-1 W 0 W r6 4- r6 4-1 u ❑ C: W r-I I-I 0] W •H hA-0 LA u 3 r-I c ❑ w E LA 711 r6 4- a LA 4-1 r-I r-I ❑ 4- r6 •H 3 •H r6 4-1 �] LA r6 4-1 r6 C: u r6 ❑ •H •H LA w r-I r-I r-I u - u a L r) ❑ L. 4- 41 w w 41 w 4-J � Q 1 E ❑ •H E 4-J -P M Lu -0 m4-J u W ❑ W r-I 4-J r6 •H r6 u -P •H w ❑ ❑ -0 W e-.•H 3 LA r6 E 0 0 m 3 m E 3 C: a) I •H r6 7, 3 a r-I C: 4 -P 4- C: C: r6 •• 4-1 u 0 ❑ (U LA E •,-I 0] 07 •H m w •H c- u •H 0] •H •H -P r-I 7,r1 > w r-I 3 w r-I u r6 Q •H u 0] 0] 0] 0] 0] Q ❑ ❑ m •ri tA- w •H 3 ❑ ❑ r6 ❑ ❑ E E 3 L. •ri 0] W •H •H � LA 4-J � N 7, w L. m m 3 C E �-u E u 3 -P Z 4- O LA u w � Lu ❑ Q r-I r-I > ❑ •ri }� r6 .� m -P -0 ❑ w Z Q CL 07 LO 0 0) Q U) o a� a� LA o � a a3 03 •H 7,-0 r-I c c •H •H .--I -0 = -0 r-I r6 [n hA•ri N •H 4) M W C= 4-J r-I C= Q) E •H •H 4-1 u 4-1 •ri Q) Ln ❑ E (D ❑ 3 r6 w [n •ri m c -P ❑ m w 3 d 3 � w (D w r-I C= w ❑ w ❑ (D r6 4-1 r7 = [n r6 w J ❑ (D -0 4-1 w C= X Ln ❑ [n N C= r6 •H 4-j r-I C= r6 •H 03 03 L. r6 > LL •H r6 N C= c w r-I C: 4- = 4-1 Cil L. CD C= u w a] J r6 }P L. w •H 4-1 C= •H [n = Q [n I -0 r6 [n C= ❑ 3 711 ❑ 4-1 -0 u H Q) a3 a3 > 4-1 r6 d w 4-j w r6 w hA 7, r6 •H = r6 4-J •• C= -0 C= r6 u Q) r-I •H (D -0 � L. r-I Ln ❑ r6 ---) 2: = Ln -P -0 -P r6 r-I [n L. [n 4-1 w ❑ 7,•H ❑ c r6 > C= 3 L. E ( 4- Q) W L. r6 -P C= w L. r-I w .--I r-I C= Q) L. •H [n ❑ a 4 j 3 •H Ln r6 C u L. r6 r-. a3 LU -P = > 3 r6 = ❑ 4-1 r6 •H E W L. r-I r6 4-1 r6 Ln 4- -0 •H u Q) L. Q .--I Q) r6 4-1 C= � w r6 [n L. 4-1 L. 4- r6 4-J C: r6 r-I 3 LL u r6 L. -C •H W 03 -0 ❑ r-I 4) 4-J ❑ cn hA= • = r6 W 3 Q) C= r6 •H X hA [n •H a3 C= 3 4 j Q) 4-1 r-I r-I J r6 r6 [n 4-1 Q) U C= 4-j [n 4-j [n r6 c 4-j = ❑ u LU C= 4- 4- r-I •H [n = C= •H Q L. C= _0 ❑ -C •H a) a) to c: 3 ❑ -+ C: V N a) •H _0 •H 4- ❑ •H Q E [n 41 a,] r6 E ❑ [n L. E Ln 4- 4-1 [n 4-1 •H ❑ •ri • -C -0 4- a) • Ln ❑ Ln E L. Q) a3 -0 > r6 L. Q) Q) 03 4-1 ❑ ro w r6 •H W C= r6 Q) H 4-1 Q) •H 4-1 [n Q) [n r6 a,] = ❑ •ri L. a3 03 -0 C: -C r6 •H a) c r6 •ri a3 r6 4-1 7, 3 4-1 CC 4-1 r6 [n ❑ 4-1 ho r6 r-1 a) a) a- E •H 4-1 -0 E (D C= u -0 r-I C= 4-1 u C= r6 LL r6 -0 r6 Q r6 Ln r6 4-1 u Ln a3 C= r6 Ln E 3 Q O w 4-1 (D ❑ •H C= Q•H w C= r6 ❑ = U = r-I w •H Ul w w -0 ❑ w •H 3 r-I C= L�- 3 2 a3 r6 H •H -0 •H E E 4-1 W w 4-1 4-1 w u L. 03 w -C w 41 rt• 4-1 •H r6 4-1 •ri 03 hA � � 3 •H 2 X w - � u � � [n N L. r6 4-1 [n ❑ � r6 � 03 r6 u 0 L. 3 -H Ul u C: o • •rl r6 4-J r6 41 Ln -C -0 0 w w u o 4- w +1 C: = +1 C: L. -0 4-1 •rl -0 N -H ZD -0 •rl •rl w C: r6 W 03 a3 +1 a3 > • a3 -0 -C ❑ E r6 •rl 7, w 4-1 r6 3 w Ln 03 0 -H a C: = 3 -H a) E a) a) •rl 4- m 4-1 u ZD 4-1 +1 w Ln a) a) w •rl -0 > r6 = = 4-1 u (D -P N ❑ [n •ri u r i 03 4-1 4-1 C •H u 3 a3 r6 W [n ❑ -p hD L. ❑ r i ❑ 4-1 ho r6 •H CD 0 [n r6 •H r-I -+ Q a3 > r6 L. •H 4-1 •H -0 r-I c r6 W E r6 r6 W C= C= 3 a) 4- r-I C: •H u rti• r-I N 3 u r-I r6 w -p hA Q) 03 N 03 r6 Q) a3 4- r6 711 -0 w 3 -0 •ri Q u (D r6 0 -0 X -0 u a) Q) -0 •ri Ln L. CD uo CD w u -C 3 > W w w c +1 c c W u E 0 Ul N -0 r-I r6 a) a) W r6 l-A C= N r6 H = •H 4-1 r6 C: •H -0 > w r6 r6 r6 •H ❑ -0 3 r6 +� [� H 7, ❑ w •H a) W 4- 03 a) a) •H C= H a) (D C= 41 -0 -0 C: •H 4- [n -P 3 3 C= •H L. J 7) 3 ❑ a) -+ (D r-I •ri r-I r6 Q) a3 4-1 •H 4-J ❑ (D > W•H u a) •H 41 •H M C= -C N r-I ❑ -0 ❑ U- Q] C= L. E 3 do r6 > r6 4- r6 •H r6 -+ C= w r-I -P r6 C: u •H C= > Q 03 I� > r6 Q w C: •H •H u -P •H -%r-I r-I -C hA a) • L. (DL7 C- (D •H u [n r6 C: w -C •r-I }� }� -P •H r6 (D C= w u w •r-I tiA 03 a3 •ri 3 4-1 c 3 X c 4-1 ❑ 4-1 -P r-I m u ❑ 03 C= 4- u ❑ -0 3 r-I a3 •ri r6 H -0 w ❑ 41 ZD r6 ❑ [n a3 •r-I I Q 4- L f] u 4- -p 03 4-1 •H = W •H hA W •H •H (D •H E -0 Q L. •H r-I •H Ul •H C= C= a) ZD (D w •H r6 L. Ln [n r6 4-1 r-I 4-1 r6 -0 [n � H C= 3 ❑ E •H -P r6 C= 4-J 4-J 4-1 w - •H 0) W(S) r-I [n u a3 (S) W•r-I > r-I r6 •H [n •H CD 3 C= r6 ❑ 41 a3 41 - r6 r6 •ri r6 ❑ hA r6 a3 cu c r-1 [n •ri (S) C: 03 a3 ❑ u a3 r6 [n (S) Q X r6 r6 > r6 = > u do - C= u [n •H DQ ❑ r6 -0 •H E u •H > 0 r-I [n -0 41 (1) ZD a3 •ri C= -0 0 Q r i (y) u r i C= [n (1) •rl 4- Q > u r6 = (1) X c -0 4-1 4-1 Ln 4- -H a) a) a) (S) r i 4- 4- ( v] (Y) - •r-1 H u •r-1 L. [n r-1 +-1 a) •H Q r-1 ❑ 41 a) •ri a3 a3 L7 u u 7, - Q•r-1 -P -P W-0 N •H •H ❑ � N N r6 CD a3 a3 a3 a3 Q C= = [n C= ZD a3 u C= -C 4-1 > w w a) - [n 3 L. r6 3 r6 [n 03 E of ZD > 2: [n [n oo -0 -0 u E a) ❑ L. +1 w ❑ [n L7 a,o +1 r6 Q r-1 r-1 > a) Ln a- ❑ L. r-1 I�, > Ln L. a3 I• m J r-I 3 3 X r6 c > c r-I C: Q a3 = [n C= Q a3 ❑ 3 M r-1 ❑ w > c r-I w m 3 = Q d � C= C= Q a3 L. ZD ❑ •r � 4-14-1i u ZD 1 1 ZD 3 � Q 3 •H 3 Q L. u Ln � � u u L. r6 •r-I to u a- � 0 C= 4-0 4-0 Cf] [D 0 0) Q - In r6 u LA In >,+-j a) +-j C •r-1 (1) C: +-j u C: (1) -0 3 w ❑ In = � L. r6 In C: -0 ❑ > In C: 2: _I-_ or-I or-I ❑ (1) u r-I or-I L. r6 r6 4 j u 4 j ❑ 3 3 34-j 3 I= I, •r-I r6 •+ C: 4-) LA cr m ❑ rQ 4- N o c w ra ra ra 4- L rt. off •r-I C C: C: r-I r6 C: a) C- •H W w 3 r-I E W C 4 j I= I= I= 4 j 3 4) E u Vl O a3 r-I ❑ lD 4- 2: a3 -0 u a3 L. = a3 4 j •r I •r I ❑ r6 r-I a3 3 •r I -0 •ri •ri OH Q -P = w -P - r6 E E •ri u u ❑ Vl u w �--� 3 > � r6 u •• In w -P C: -0 -P rt. off In •r-I > a] +� u Q L. a3 r-I I� W r-I rt• r6 u u w r6 •H ❑ w L. ON E M (D r6 4- E C: 03 w r6 r-I r6 w -P 3; E 4-J •H •H I= C: r6 m u -0 r-I w - III LA w 4- ❑ r-I -0 LA LA C: -0 3 r6 ❑ LA LA r6 3 4-J r-. N •H E UO 0--0 fU III •H hA= •H [u rl >) ❑ m c I= 4- I= }� •H w Vl LA N I= •H r6 3 LA U Q] •H •H C •H r-I -0 r6 > Vl > H E In U r6 r6 LA m u x o r1 •r-I •r-I 3 E L. •r-I 4- Q N L. S` E r6 c 4-1 3 w w w 0� r-I -0 -P I= ❑ I= 3 > ❑ (D w Vl 4- CAI a) ❑ X -0 w = d r1 L. 3 ro •H = r6 >, III •H I= N -P w ❑ ❑ C: a3 Lk- •H m •H >% I= L r6 III •H LA w ON w I= •H U cr= N r1 u C: w H > a) ••--I Q •r-I 3 c L u s` In -P ❑ M 3 E 3 C � ra In w � -P 4- 3 � •r-I •r-I � a •.--I �,-P -P E M 0 +� a� a� > _ •.--I s= r� ❑ u s` -0 L. In • u ❑ In r6 r6 a o} In -P E •r-I > 3 ❑ 4- r6 ❑ [n m 0 •r-I H w w LL w • -0 rt r1 Q C: > •r-I w C: L. -P ra L. cr a,o o -0 a- In -P C r6 7, w r6 w 4- r6 U 4- -P = w LA (D I= w 3 w •H 4- I= [n or- r1 O ❑ c a3 •H 2 c u 3 -0 -P w r6 -P In 3 N ❑ -P 1 ❑ I= LA o +P I= •H ❑ u U •H LA E •H ❑ Q r6 •H r6 H a3 S= 2 M ❑ E 03 4- S= a3 a] 4- LA 2 3 or- C: a) N III -0 -0 L. m -P -P m c u L. -P ❑ w r6 W III (D LA ❑ u Q) ••--I a� a� W Q (D ra w Q >) o L. ra (D r6 LA ❑ -0 r6 L. III a) -P Q) u z r1 E r-I -P r-I In w Lk- m ZD N >,-0 - � In r6 a) L. E H •r-I L H a) ra -0 ra L. ra w w w > c C: a) u a) u ❑ ❑ - s= 3 N ❑ E W In C w •H a) •H •-• >, r6 III ❑ hA C Q a) r6 -0 -P Q 1 -0 N u -P r6 -P ru -0 w •H •H � > E W M •H E a) 0 In r cv +� ❑ L. a} _ ra +1 m C- a} s` s` -0 u u - r6 C: W C: C- 3 In r6 In s` ❑ u E rn rlL• u u +> > a-(D r6 r6 r6 In 3 •r-I r6 4- w m Nq- r Lo •r-I -0 Ln a- r6 (D C- In r6 •r-I -P w r6 H -0 u r6 -0 r6 ❑ q- ❑ -0 0� u -0 co 4-0 0 0) Q U) I I • I I � �• I I c Q] (1] 1� 4-j 4-j I I V) -C r6 4-j -H ru I I ❑ ru 7, •+ > ❑ II LJ •r-I 7, Vl ❑ E •• w r6 ❑ LA L. II u r6 r6 Q] 4- N 3 4-j r6 C: II o = LA -Hr6 -0 r6 LA -HQ) Q) ❑ a -0 I I Q] +-j •ri +-j E +-j +-j 3 C: L. I I O }� m w c rl m m N Q] r6 II 00 Q] rD 3; 4- ❑ a) � II •ri ❑ d 4 j > r6 L >) u r6 >% Q] ❑ I I .--I ❑ Q] C: u r6 ❑ ❑ Q] 7, r6 ❑ r-1 Q m ❑ w II r6 ❑ ❑ m c Q] •H L. LL Q] o LA r6 C: -0 r6 Q LA u Q r6 C: I I z E •ri •ri J Q] (D Q) -P U -0 r-1 •H J Q] (D Q) }� •ri Q] Q] J Q] I I ❑ p [� 3 > ❑ (D LA r6 N C: C3J E ❑ (D m L. > E -0 M Q) ❑ II I—I N •rl L. •H C: N ❑ -0 c N Q] -0 3 0� C: N I I U ❑ -P o -P ❑ w u ❑ Q -P ❑ E rl Q rl -P ❑ II LU LO LA •r1 U -P Q) Q) Q) •r1 •rl U o o Q) Q) C: •r1 U I1 o N a� -P o C: •r1 Ln +- w +- o u •r1 C: > Q) -P o I1 -P U ❑ -P -P •ri Q] ❑ +-) +-) •ri •ri U1 - Q -P -P -P I I Q L`L [n u U •H Q] 3 4-1 •H ❑ U •H rl - LA C: ❑ L. C: U •H II E C: Q] r-1 4- 0- LA > u Q] -C 3 7, w ❑ •H �% ❑ •H 11 LL L] W Ln (D LA W Ul (D E Ln CD LA m ZD N ZD N LA r6 -p L. u r6 Q ZD N 11 O C- •H Qi C E r6 D- u ❑ Qi 0-� I I z 0 r6 •• C: uA r6 -0 ❑ -0 4-1 Q) 4-1 -0 L. 11 Lu 0) u ❑ •r1 ❑ u Q 4- -0 LA -0 *m LA -0 r6 I I m +- w w ❑ w Q] Q] ❑ II j LA � -P c L. w ❑ 3 � L. 3 = 4-1 m II 0 NLA •H •H ❑ Vl Q] Q] Q] Q] 3 I I Q] r6 4- 7, LA 2 w r-1 •+ L. 4- L. Q] II E p7 3 E H 4-j •H 3 •H Q] r6 H Q] •r-I I I N u -0 0- r6 Qi � � Qi � > II Qi >1 r-. r6 W C Qi r6 r-. Qi II N N Q r6 Q] •ri rr1 •ri I I CL 00 0) � CAIMS01-WI)ROAD AT TUMIXS CIIEEK BRID(11FE#904982 A'N'D CARD S01JND 110A.-D ii-T X10SQUITO CREEK BRIDGIE#90.1984 NON-COLLUSION AFFIDAVIT 15 �i ...........b e of t1i.e city of �. accord i olwnmffi, d .... Litider,penatty of petim-y, depose and say that, xl of dle fit-11.1 of naking the Proposal -for th- project II A s the bidder i C described in thic I-Zequest for Competitive Sollcitatiolls: fior: C.A1W SOiU'ND ROAD AT TUBBY'S CREEK BRIDGE #904.982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE #9:04984 Monroe County, Floiida and. that I executed the said pwposal wifli ft.11.1 auth.ority to do sod detilly W.1th-011t C011LISi.041, coji.sultatioll, 2) the prices in flits bid, have becil. afflVed I at 'ndepen 01' agreement f6J." the JR11-POSC of res,ft-icting co.m.pet it 1.01.11, as to aiiy ti.-iatter latitig to such process wiffi. any other bidder oi-with.any compefitoqw 3.) utiless ofli.erwise requi.red by law, the prices NvIuch have beeti.quoted iii this bid have tiotbeeti! hiowHigly disclosed by thc 'bidder atid will tiot knownigly be disclosed by the bidder and will noit be kiiowii-igly disclosed by fli.e bidder prior to bid open ii.ig, directly or indirectly, to any other bidder or to any competitor; atid 4.) no afte.tnpt has beei-i. in. de or NvIll be made by the bidder to Mduce ai.i.y- oflier person, pa!]-tilersh.ip or cor poration to submit, or not to submit, a bid f&r the: purpose of reshictil.l.g Co mpetition- 5) the st j, I I om"6ils eonta�ned iii this affidav't are true a-rid correct, mid inade with fid] ktiowledge 1 1. Iiis affidavit fil th 0111-0e Copoty 1-ches uipoti the truth of the statemeats cotita'ned, it t. I w -dijig t1a t ,fi f 11.1 s md project ai I a-C der). (S I g na t ui STATE OF:: ow,1�ck COUNTY OF. ....... .............. Subscribed: wi.d swoi-n to (or affirrin.ed.) biefiore me, 'by means of 13"phys.ical preisence or. 0 onli'lle notarization, on z (date.) by (j,-mm.e of affian.t). "j-1 he 'i's persoijallv known to me or has e.) L produced (type of Identification) as ident-ificat ion ..... ............ .................. . v ........ ............. ..................... ...................... ... ........... .......... NGTARY PUBLIC <3 11.17 A 7i,OIL- My com.111.1sSion expiresf. RE Z DANIEL SANC -Notary PvbMic-Stats of Florida. iz, commissi-on. 0- HH 570025 %�V My Commission Expires July 1.1, 2028 June 2025 BIDPR01"OSAI. 001.1.0 CART PSOUND ROAD AT TURBYS CREEK.BRIDG"T#904982 AND CARD SOUND ROAD AT imosQurro C.'REEK BRIDGE#904984 LOBBYING AND CONFLICT OF INTERE ST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO1. 0.10-19901 1 'MONROE COUNTY, FLORIDA -Ao t, ec,, NI (Company) 1%,, Nvari'ants that it has not employed:, retai.nee. ar oth.erwis,e: had act on its bichalf any foriner:County officer Or C111ployee subject to the prohibiltion of Seefion 2 of Ordinance No. 010-1990 of- any COL111ty OffiCet' 01- I -f th*S provis,011 tile 0.1-1.1ployee 1.11.violatlan. of Secti.on 3 of Ordintance Nb.,,10,1r990. Foi- breach of. V*01 aflon 0. 1 1 COL111ty may, in its discretion, terminate: this con-44, f"Without fiability and may also, in, fts discrefioji,, deduct fton , n any conin.i.i ion, percentage, ss!i. the contract or purch-ase price heB o, or oit 17ecvel, th,evJ�_Arii. a �0 - of fee, g'ft, of-cons"detration paid to theforn.A.er Ity officerm .0y JIA in ZA g1 W i&6. (Date 0 Ili SiT!AT E OF � �"p ul�w��u�ACOUNTY OF:'M tf Y�!, Subscribed and sworn to; or affirmed) before me, by mleans of' M physical presence or El A4. online notarization, on �V3 164 2,c)2'.", (date) by (name of afffant-:), H.g/She ism r , ,.1„I',,, known -to me or has produced 'typie of identificat■ s ion) as .............. IMII identification.. ........... 'P, j war""',...... ...... ..... .............................................................. ............ ............... .................... .................. NOTARY PUBLIC My Commission Expires: ----------- DANIEL SANCHEZ 0��Notary Public-Stato of Florida C. Commission HH 670025 �4! My Commission Expires IF NOTARY PUBLIC July 'I It 2028 ............................ II My commi'ssion expres: C) hine 2025 BID PROPOSAL 00110 CARD SOUND ROAD ATIIJBB)"S CItEEKBRIDGE 490498.2 AND!CARD SOL.I.N.D.IWAII.)AT MOSQUITO("RIA',.1,'.K'I'il'IIDGEi�90498.4 DRUG-FREE WORKPLACE FOR .......... ............. 114c undersigned Contmaor n.l.accordance.with F.I. StatUte 287.087 hereby certifies that: L (Nani.e of Business) L Publish a statement notifying eillployees that the unlawf d. n-ianufacture, distribution, dI.Spensing, l 1-1-1 possession.,: or use of a confi-olled. substance is prohibited In. the workplace and: speci f� g th.e: act 10fis': that xvill, be taken against ell-1 ploy ees for violations of sudi prohibition, 2. h-Iform such em-ployees abOUt the dangers of drug abLI.se in, the Nvorkpilace., the business's polic.y of nmintain,in - a. drug-ftee workplace, any avai.lable dt-ug counse[Ing, rehabilitation, and employee 9 assistance programs, and.the penaltIes that ni.ay be imposed upon eniployees for drug abuse viol atiolls.: I Give,each, employee engaged in. providing the cotiini.odities or co�ntraetual.services that are.under bid a copy of the stateni,ent specified in subsection(1).,, 4. In the statelilent specified in. subsection (1,), nofi,&37 -file en-i-ployees that, as a condition of'working Oil the co.t.nni-odifies or conti.,actual services t.h.at m,-e under braid, the employees will abide by the terms of' the statem.ent anal will notify the employer,ofany convictlion.of, oir plea ofgulity or-,.nolo contenidere to, any .violation of Chapter 893 (Florida SWLACS).oi'of any controlled substance law-of:the United States or any state, f6j.7 a violatt'011 OCCUITIlIg 111.the workplace no later than five(5)(lays after such convict-1011. 5. inpose a san.ctiion. on, or require the satisfactory participation in a. drug abuse assistance or reliabilitation. progium. if SLIC11 is available in tht cm.ployce's coinin.nin4y,: oir any einployee who is so convicted, 6. Make a good faith effort to: continue to: maintah-i a drLI9-TIVe workplace th.t.y ugh iniplementation of' this Section. Nvitli,tl)�bove requn.'ements. statetnenf,, I certif .As,a Person authorized-to:smgn tf I y that this firin com.. I' /0 ............ I C .P�s S igno, I. STA"IE OF. COUNTY OP: Subscribed and sworti to (ot, affiinn,ed) before ine, ley .means of M'Physical presence or R online notarization, fiul $2o, 6e,vr--� '51 2,01 of Oil c (d afe) by 4-12. WJ a.ffiiant). He/She is p , indly known to tne or lips PI'MILICed .......... (type of identification) as identificati,01I... ............................. ............. DX�NIEL SANCHEZ t�kv 'Ott NotayV P,ubucS t ato oit n0 r Idaa N'01"ARYTUBLIC J� m t4 nog r Commisslon# HH .5,70025 ,{'bu!v'nW',my Commission Expires t I. 2-f t y Comni ks ion Exp ires. C* July 1111 202-8 Jun.e 2025 BID PROPOSAL 00:110 C'MID SOUND ROAD ATTUBBY'S CR'ET.,K.BR1DG',E.004982 AND CARDSOUND.ROAD AT MOSQUITO CREEK BRIDGE#904984 PUBLIC ENTITY CRIME S.TATEMEi NT 6'A person or affil,late who has beenplaceid on the convicted vendor list fol.lowing a conviction for public entity crime: may not su,bm.it a, bid, on a contract to prov[de any goods or services to! a or flie construction or repair - ! pub is entity, n.i.ay, not su,bm,'t a b*d on a contract with a public entity f of a PUNT c 'building or p-liblic work may not subni.it bids on, leases of real property to public entit H y, may -not be awarded or perforn-i work as a contractor, supplier, subconfi.4a,cto.r., or CONTFAUl"OR. -under a contract witli, any public entity, and may not transact business with any public efitity 111 exec-s-81 of the threshold am,ount 'provided, in Section 287.017, Florida Statutes, for TEGOR 'I'WO for a eriod o 6 nionfli-s h-oni-f the date of beIng placed on. the convicted CAY pf 3 vendor list,, ......... -id state�iat neither posei S 11 a-111t). I li,ave read the om ai (Pro: i nor an), ate h. V., ,--bn.the con-,\ti c ted vendor 11 st w].th U. the last 3 6 r ion flis. pr, V d 2f02-, (Signature). el ('.Date) STATE OF: COUNTY OF:. (3 L W) L c,3 Subscribed and sworn to (or affinii,ed) before me, by .means of Ilys_Ica l presence or Cl on-line notarization on the I b""day of 2025 by b -y known to nie ore,,I name of affiant).,, He/She is personal.1 ............. ........... has, roduced P (type of identifflicafion.) as Wentificat Wit. My Conimission Exp.ires'. 011") 0 ?"r>z eb; .......... ............................... .............. . ............ .......... ........ .... ...... . ...... NOTARY PUBLIC DA N I E L SANCH EZ -ida Notary Publlic-S tate of Flor commission 0-HH 670025 My Commisslon Expires July 11, 2028 June 2025 BID PROPOSAL. 001. 1.0 CARD SOUND 11OAD Xt"1143M."S CREEK BRIDGE#904982 AND CARD SGUND ROAD.AT NIOSQUITO CMEEKBRIDGE#904984 VENDOR CERTIFICATION REGARDING SCRUTINIZED CO MP.A.'.N.1'ES LISTS �`Iry IC OlPvm�l r Project-'Descr'lpt'lo.n.(s)i:c�,1 S"A Pimiw CA Yx� zk 6ry Yr+f t Respondent Vendor Nance: ...................................... Vendor FEIN: 9 'YA OL C V%.ck%VVY1.6 Vend,or's Authorized Representative Name and Title: 0, W". �4 Address. City: State Z1 "'P's .p .......................................... it ................... . Phon e Nuniber: " c1,r`) '5- 3'A VS ............................................. nrwlil Email Address: ...... ............................................................ Sechon.287.135, Florida Statutes pro1ii.bils a company from bi.dding oil., submitt.ing a proposal for, or entering into or renewing. a contract, for goods or services of any ani,ount if, at the tifil-c of:contracting or renewal, the company Is on the Scrutln.lzed, Coinipan-les that.Boycott Israel List,, created pursuaint to Seefion 215,,4725,: Florida Statutes I Section 287,135 Florida or is engaged 'n a Boycott o f Israelk Statutes,. also proh..tbits a company from blidding: on, submith"ng a proposal for,, or entering into or renewing a, contlaact, for goods or services of $1,000,000 or more, that are on either the SCrUtinized Com with A.ctivities In Sudan Lisit or the Scruhnized Conipanies with Activities in. the Iran pantes 1 1 Petroleuni. Energy Sector Lists which. were created pursuant to s. 215473, Florida Statutes, or is eng aged in busi-ness operations in Cuba or: Syria. As the person authorized to sign. oin behalf of Respoindent, I hereby certif y that the company i,.dentificd above in the Section entitled "Respondent Vendor Name" is not listed o.n. the Scrutinized Conipanies, that Boycott Israel 1,1st or:engaged in. a b:oycott of Israel an for Projects Of$1 MOMOO Or niore is not listed on, either the Scrutinized Companies with. Activiti-es .i.n. Sudan I.Ast, the Scruti-ni zed , CoMpanies with Activities in. the Iran. Petroleuni Energy Sector List, or engaged iiii. business opef'(1-tions in Cuba or Syria,, I understand that Pursuant to Section.287.135, Florida Statutes, the subniission of a false certificatioll. ti th er u n rsta dend that any may subject conipany to civil penal -es, attorney's fees, and/or costs. I fOr contract with the County niay be tern-ii.tiated, at the opti on of th.e Cot tnty, "T the company is found to have subt-n-Itted a false certification or has been Placed, on the Scrutin.1zed Companies that Boycott Israel. List or engaged .l.n. a boycott of Israel or placed on.the Scrutinized Conipani'es with Activit yes in Suclan. List or the Scrutinized Conipani.es with Activities in the Iran Petroleum Energy- Sector List or been engaged in business operations In Cub22r Syria. OV ff h . is Certified By: ................. ................................................. Nv .O:............................................. .................................................................................................. ............... ....................... . . ................... authorized to sign.on behalf . . W above ne ktoimpa...y. �d Authorlized Signatu TC4 Pl ar �folol Print Nanie,, v rv,%:a 1-i tte Note-, The List are available at tli.e following Departmeirit of Manageniepit Services, Si.tem. ill -)t -i -i iness h 1. 1. '0. 1. 1 S. .311iorida.c( ......................................... su,Si.g.qded- d 1.sic ri 111�natw-,v cot........ 'i-n2lairkIts vetidoi,- fi.,stls: ............. ............... .......... hine 20,25 'BID PROPOSAL 00 11.0 CARD-SOUND ROAD AT TUBBY' CREEIK.BRIDGE'#904982 AND:CARD S01.]ND ROAD XT'MOSQUITO CREEKBRID(I'T#904984 AFFIDAVITATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVIC.ES Entity.Nendor'Nanie: . Gnt.rioC.��Ur'40 A.�72�%&I�-i�-- e.e_�o.f L.-U,L Vendor FEIN: .561- I orl.Ven 16 C�l dor's Auth -'zed Representative: (Name. and 'litle) s CN III Address. 14 8 C.1",t Y.. State.- ZI P, PhoneNuin.ber: (3cis) 5 9,0,?,.- :3"A b.b Email Ad-deye fN P.�fo..I I MN ,As anongo-vernmentral entity executing,. .renewi.ng, or exten.di.n.g aCOD.tract Nvith a govemm.e.n.t entily� Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not tise I. Florida Statutes. on for labor or services i coerci I ii accorda-ticc w.'th.Section 787.06 As defin-ed .i.n. Seetio,n 787.06(2)(a), coercion means',' 1. Using or threating to ti-se physical -.force against any person; 0-ig or . .a -ig to restrai.ii, isolate, oi- con-fine any person. 2. Restraining, isolatin.g,. or co.trifinit thre,th l I 10 without lawftfl authority and against her o-r 141is wl'.11,. 3. Usl'kiglending or offier credit methods to establish a debt by any perso-1i. wben labor or services are .pledged as a SCCUrity :for the debt, if fli.e value of the labor- or servi.ces as reasonamy asisessed, is not applied, toward the liquidation of the debt, t.lie length. mid nature of th.e labor or servi.ce are notrespectWely- limited and defineid, 4. Destroying con-ceating, reniovi,ng, confiscating, w,ith.holding, or, 1)ossessmg any UtUal. or purported. passport, visa, or pith imm.i.gration docitmeat, or any other actual or purported, govern.m.ent id entlifi catton docu-ment, of any person-i 5. Causing or threatingto cau.se financi.alharin..-to any pers011, 6. Enticing or luri.n.g any person by-fraud or deceit; or: 7. Provi'ding a controlled substance as outlined in Scli.edtflel or Schedule 11 of Sectlon. 893,03 to any personf6r the purp:ose of exp.161tation of that.person. As a, person authorized to sign on. behalf of Vendor, I certify- tinder penalties of peijury that. Vendor ce d .r or se rvi s h Section 787.06. Additionally, Vendor oes not use coercion for Jabo in accordance wit 1 and ao same has re�liewed Section.78:7.06, Florida Staft ites, grees t abide by . ........... Certified By.- ................. who: 1.1 s ............ ....... ...................................... e&d cpp fe authorized to sign on behalf of Authorized Signatum., _WWI 00P Print Nani!.e.- T*tleo;o. C VI�(t .............................. hine 2025 BID PROPOSAL 0011.0 CARDSOUND ROAD ATTUBBY'S CREEK-BRID(ixF,0904982 AND CARD SOUND-ROAD A*FmosQurro CREEK BRIDGE 004984 Mino.EL-Q Owned Business Declaration e,.rI I� p, � r� ,:u�rr.. a sub-contractor engaged by Monroe o unt during the coii.ipletioii of work associated with thebelm it-idleated project (Check one) nuitiority business enterpri.se, as defined: its. Section .70 ,; Florida Statutes r: rN^•, �Nllrl !Ii�IY". i.s .not a.minoritybusiness ejiterpirise, as defined. in Section, 288.7013, .Floi.rid . Statutes. R& .703( "Mi-nority businessenterprise"nicerns any sni.all.btrsirless concern as defined in suihsedlo-n ( )(s low) which is organized to eii.gage 111.COMM-er vial trans ctiorr,sa which is dorriieiled In Florida and which is tit least 5.1-per cent owned by minorit persons who.are members of an,insular group that is of a pcarticuularp.racial,ethnic,.Or,gender.rr1.a. u.rp o.r rational origin, which has be-err su-bjected historically to disparate treatment due to identification.ire and with that group resulting 1.11 all,urr1derr e reserrtation ofcommercial r-t rPT�ises under the groups control,and whose unatmgem.enf and d,afly operations s are co-,ntr olled,by such persons,A"rn.inorifty hursi..ntss e.n.t :rp,1.se an y pr:iimar lly involve the practice of pru ssion. awn rsh ip by a n i.r�orFit Person does not i n l u de o wne:t°sly ip which,is th r°�s rr lt"of�tr��sf r 1 t��r�a non-minority person to a minority persoin Nwithin a related:ininiediate f tmily group if the com,hlr,ed total net asset value of' all members ofsuch family group exceeds .1 rlrillion. For purposes oftlriS su bse ti n,th .term"related in.nie iat.e family , rou.p"n-icans nice or,r.-gore eh ild ren.u n.d.er .11 6 years of age and a parent of su,ch ch.ildren.or the s p o u s e of s u C.h.parent residing in the san-i.e house ur.,hying unit., 1!-S,28 s703(6!)'«Small business,"'means an.independently o-wned and operated bUSin ss concern that eni logs 2,00 or fewer permanent full-time employees and that, together- with its affiliates,:has a net worth of not nl.o.re than $5 nAlion or r fi.r-.r 'based ire this st .twhich.iris ran 11 l rasirr ss Administration 8 a)certification. As applic�hle to sole pr opri.eto.rsh i s, the s.h.al l 1-1.1c,lude both,personal and bu siftess i.rr v strr ent s. Co tit t L ty i ` ".S r 2 l` + 1" r, Orr t . Co.; /0- it ragt,or Ili p ,�d N r i Jr•^i� .rN,M1'x rN�' r.l,.F Pi j".l'/rr.Nnii�l�iii.����wr M��i.1H"N�H nluy+"i�xV ry„�iri�nln N�,:' pN yr �I .iil7G '. Op H igiiature .n� 4� .dUrs�'ir ,IIIIu �.Print � , I� fir!'��I¶ ,I��JNI1' �'Www�'��yll•�+'^ry';��Wf'ry'N+'',%(�� �W M'M�ii1�' �.�"fll:tP`rhn'ilw"�•i6wJll��� per■■■''��jj I@�.. „„44 �,��;p,�,'�'kII� JI'ry,I�Iy 'I��I`........ ..,IIq,,.'�.+.w�y ... IµI��I.I...�.ry..._�y I,III•M��yy�,.�. .AF.i t.�e• "','n... C'm'. ^N�wFl�N7 v, '^III..• �f��'!.'V'IY' If m'!•..I'e 4jre+"Ip I In"Ir Addre,�i'1� (y(y'{Ipy'!x' � ,TV,gII�11��rp� �ryp�'y,pNI�, Ave,,: ,�^'y� qIn�,f f 'IAw."Y yn'wY' urk'�1v"') Nv.N' W. 1�'II'Naj t a I N For Monroe ounty rm-i ficatiorl: Title/OMB Dee rml-e r : eraifie pia: https://osd.dms,.m.y-flo;r-ida.com/`d!irectories ("ARD SOUND ROAD AT TUBBY S CHEEK 1311IDGE 00:4982 ANIL)CARD SOUND ROAD AT 11.10SQUITO CREEK BRIDGE.49049.84 STATEOF nORCA CERARMENTOF TRMW.0RTAT&0H ZU-034-11 DBE WALOPFORTUNMf OPME BID P AC KAGE INFORMATION E CM4 Fags 0 2 DBE Utilizalion The Department begain its DBE race netitral progrialm January 1,2,000- Cantra specific,goals are.not placed on FederaillState. contracts; however,the Departm,ent has anGveratl 10.54% DSE goal it must Drtme achieve.: In order to assist contractors in detemi1ining their,DBE conimi(nient level,,the spa pit has reviewed the esbniates for this letfing..: As you 1prepare your b1d,,please monittor pi,oten,Val or anUcipiated DBE utilLzation for contracts. When,the low bidder execute-s the contract with the Departnient,In(bimmfion will be requested of the contractorJS DBE participation for the project.. While: the uhilizattion is nGt mandatory In ordlerto be. awarded the! prQfect, c -a supports the success- of Flodda's DBE Program,, and on,finuing utiftzaWn of DBE fimis on contract supports:contractors'Equal Enipbyment Opportunity and DBIE.Affimiative Action Programs- Any project listed as 0% DBE;0 availability does not mean thata DBE.m2y not,be.used on Mat project.. A. fiftlited identfied% DBE availability may have been es tab fthed due to any of the following reasons- subcontracting opportunities.,minimal contratt days:, aind/Gr small contract'dollar amount. Contractors are encouraged to idenfify any oppodunities to subcontract to DBE's. Please:contact the:Equal Opportunity Office,at(85D)414-4747 if YOU have any cl stions regarding this information. DBE Repoffi,ng If -you are the pedme contractor on a project,, enter your DBE participation In the Equal Opportunity Compliance:system prior to the pre-construction oir pre-work conference for all federal are state funded! projects. This will nGt bjecome-a mandatory part of Me contract. It will assist the Departnient.in tracking n�r� the contract.the prime.contractor is required to and reporting planned Gr estimated DBE ubilization. report actual payments to DBE and MBE subcontractors through the web-based Equal' Opportunity Compliance(EOC)system- All DBE payments must be reported whether air:not you inlibally planned to utilize the company', In order for our race neutral DBE Program to be successful,your co op' rafloin is imperative. It you have,any questions,, please cointact E00H'el'pQdoLstatefi.us_ Bid 01pp rtunity is The Federal DBE Program requires States -to, maintain a database of afl' firr.is that are participiating or attempting to participate on FD0TasW.sted contracts. The list must include all firms, that bid on pfirne contracts or,bid or quote,subcontracts.on FDOT-assisted projects,,inClUding both DBE's and,non-DBES. Please complete the Bidders Opportunity Ust through the Equal Opportunity Compriance systenli wiftn.3 business days of submission of the bid or proposal for ALL subcontractors Gr sub-consultants who quoted'i to yGu for specific project for this leffing,. The web address:to the Equal Opportuinity Compliance system is:ht fdoLgo,K/ tia.lopportui�iltyleoc,.shtnki. June 2025 BID. PROPOSAL 00110 CARD SOUND ROAD AT TUBBY"S CREEK BRIDGE#904982 AND CARD SOUND ROAD AT MOSQ111TO CREED{BRIDGE H904984 &TAM OF FLOFtnk 08=Mn3AEW Of 7R%M SPUMAVA 27 5-3&t# DBE BID PACKAGE I �'O IATIO � �,� �dD24 F .2Cr- DBE/AA Plans Contractors bidding on FD T contracts are to have an approved DBF-Affirmative.Acuo n Plan(FDOT Foy 275-030-118)on file with the t~DOT Equal Opportunity Office before execution of a contract.D13E/AA Flans must be re ceived with the contractors bid or received by th a Egu.al Opportunity Office phor to the award of the contract_ plans are approved by the Equal Opportunity office in accordance with Ch. 14-78,Florida Administrative Code. Plans that do not meet thaw mandatory requirements may not be approved. Approvals are for a (3)three year period and should he updated at anytime there is a change in the company's DBE liaison Officer an dfor president* Contractors may evidence adoption of the DBEIAA Policy and Plan a.n dlor a change in the designated DBE Liaison officer as follows: + Print the first page of the document on company stationery (lef.erhead") that indicates the company's name,majUng address.,phone number,etc. a pant the company's name in the space.next to°aate'o onnt the month/day/vefir the policy is being signed; record the signature of the company's Chief Execuflye Officer, President or Chat I emon in the space next to 4b and pent the M first and last name and position He of the rp ofl'Ecital signing the policy. * Print the DBE Liaison's full name,email address,business wiling address and phone number the bottom of email. E-nisH the completed and signed DBE AA Plan to: a formscmd ot.s t a teffus. The Department wilt review the policy,update department records and issue a rvotihcation of approval or disapproval- a copy of the s ub-mitted plan will not be returned to the contractor. June 2025 BID PROPOSAL 00110 STATE OF FLOMDA DEPARTMENT'of TRANSPORTATION AFFIDAVIT REGARDING LABOR AND SERVICES PROCUREMENT 07.124 Effective JLIIY 1., 2024, ptirsu-mit to §787,06(13),Flot'joda Statutes, when a contract iS eXCCUlted, renewed, or extended between a noil-governmeWal entity and a govern.m.enl-al entity, the nongoverninental. en-fity 1.11.11st 0 -1 av' iiied by ail of-ficer or a -ese ide the govertim-en4al. en.fity Nvith a.t. affid� it sigi repi. ntative of the provi nongoverninental entity under penalty of perj''twy, attesting that, the nongovernmental entity does tint use al co-ercion.for labor or services. Nongovermilental Entity's Name: .................. Addi-ess- �f4:llbvC)i 7?OLi Ave, a.,.rv.,�t Pholle Autho,rized Representative's Na-iiie: ...... ........ ............ AtitlioiWizc(I 'Re l)i-eseji.t,ati.ire's Tifle� k C'. ry ............ Ei.nail Address-. ka C,,') a �M q6e%ie _s !II lVc,& .............. AFFIDAVIT fusel-I nongovetnntenkil e-ndo),v enahorized iKpresenlyfive iiapie, is atithorized representative attest that i nse).1 's ;ican;gdoes not use cocreim. for labor or set-vices as defined in §787.06,eido Florida i L_a Statutes. 00000w, pq rtnd fliat tliefkts stated iti it. Under penalty of pe Y� I declare. l)at-I have read the f6regoing.Affidavit a are trUe. -ellr �pl. q(�(''�+,y5'�,yU� ,°yu�.'�, "'ese -at've) Date nature 11:��tiuthoi..'� tit I STATE A j N'�I'e,: 4",... COUNTY OF 'ell &I IS swo.tdll to(0.1.afri.1.11.i.ed.)and,stibscribed before me, by nicans.of Lj p"hysical pre ����tT��� th I serwe or j1ot8.1l`1z<.tior.11 clay oAttf 51year), C by ........... ................................ .......................... ........... ..................... ............ ...... ............ . ....... .......... . ...... ..... ...... ..... ,BANDANIEL SANCHEZ Notal '_1 i -Slato of:Florida Notary Public S 0025 67: Commission# HH res My Commission Exp 2,C Coiii ni ission:.Expifes 4rol.. 8 July. 1:1, 202:8 M.S011ally Miowii E]"OR.Prodliced.Ident'ficatiol.] Type of Id.eii.t�f scat i'loi-i.13rod.iced CAR-D SOUND ROAD A717 TUBBY'S CREEK BJUD( 9904982 AND CA.11D SOUND:tit` A11�MOSQUIT 0 CREEK B11IDGE#90498.4 STATE OF FLORIDA DEPARTWJIT OF 7 RANSPORTAT" 37"30-32 W CERTIF DEBARMENT, ICATION REGARDING DEBAENT,SUSPENS-10N, PRCCUREW- INELIGIBILITY AND VOLUNTARY EXCLUS ION— L0WER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Comphance with.2 CFR:Parts 1:180 and 1200) It is certified that neither the below identified firm nor Its p6nelpals,are presently suspended,proposed fordebarment,declared ine-ligible;or voluntarily'excluded from participation in this Transaction by any federal department or agency. Name of Consultant/Contractor;, B y Date: (A Z" . ................................................ w. C (V t � JM a e) Title: Instructions for Certification Instructions for Certification-Lower Tier Participants,,, (Applicable to aH subcontracts,purchase orders and other lower-tier transactions,requiring prior FHWA approval or estimated to, cost$25,000 or moire-2 CFR,Parts 180 and 11200) a.,By signing and submitting this proposal,the prospective lower tier:is providing the certification set out below. b.The certification In this clause Is materiial representati on of fact upon-which reliance was placed when-this transaction-was, a entered into.If it is later determined that the prospective lower:tier participant:knowingly rendered an erroneous certificafion,in. addition to other remedies available to the Federal Government,the department,or agency vAith which this transaction originated may pursue available remedies,including suspension and/or debarment. c.The prospective lower tier participant shaill provide Immediate written notice to the person to which this proposal Is submitted if , at any time the.prospective lower tier participant learns that its ceffificat'ion was erroneous by reason of'changed circurnstances. d,The terms"covered trans aefibin,"'"debarred,"'"suispended,""!'neligible,""participant,'!' person,""principal, and voluntarily excluded,"as used!in this clause,are defined'in 2 CFR Parts 180 and 1200.'You mays contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations."First.Tier Covered Transactions refers to any covered transaction between a grantee or subgrantee of Federal fund's and a participant pant(such as,the piri'me or,general!contract)."Lower Tier Covered Transactions"refers to!any covered transaction under a First Tier Covered Transaction(such as,subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or gen-oral contractor)."Lower Tier Participant"refers any participant who has entered Into a. covered transaction with a First Tier Participant or other Lower Tier PaFtM'pOntS(such as subcontractors and suppliers). e.,The prospective lower tier:participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter Into any lower tier covered tranisaction,with a person who I's debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction;originated. f.The prospective lower-tier participant further:agrees by subrnitting this proposal that it will inclu-de this clause titled "Cerfifloation Regarding Debarment.,Suspension,Ineligibility and Voluntary EWusion-Lower Tier Covered Transaction without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.A participant in a covered transaction may-rely upon a certification of a prospective,participant In a lower fier covered transaction,that is not debarred,suspended,ineligible,or voluntarilly excluded from the covered transaeflon,unless it knows that. the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,.debarred,or otherwise ineligible to participate in covered transactions.To verify the.el'igibility of its prindipalsp as well as the eligibility of any lower tier prospective:participants,each participant may,but is not required to,check the Excluded Parties List System website (https:-/Iwww.epls.,gov/'),which.is compiled by the GeneiralServices AdmiMstration. h.Nothing contained in the foregoing shall be!construed to require eslabHshrnent of a-system of records in order to render in good faith the certification required by this clause.The know-ledge and information of participant Is not.required to exceed that. which is normally possessed by a prudent person in the ordinary course of business deal'ings, 1.Except for transactions authorized under paragraph e of these instructions,If a participant in a covered transaction knowingly ,enters Into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in,this transaction,in addition to other remedies available to the Federal Government,the department or agency vAth which this transaction originated may pursue availablie.remedies,Including suspension and/or debarment. hin.e 20,25 BID PROPOSAL 001.10 CARDS-OUNI)ROAD AI'TUBBY CREEK BRIDGE 9-904982 AND("'ARI)SOUND ROAD ATIMOSQIJITO CREEK BRIDGE H904984 STkTE.:CFFLCRPa-A DEPA"A SYTCF TRAMWICRTAT"i '17S-SM-33 CUFM CERTIFICATION FOR DISCLOSURE'OF LOBBYING ACTIVITIES WO VEW. ON FEDERAL-AID CONTRACTS (Coi-tipliance,with 49CF'R, Siectioii 20.100 (h)) that to the best of�hls or her-knowledge The prospective palfiGipant.certifie.s.by mgning this clertification, and belief. (1) No Fedieral appropriated kinds have:been paid or will be paida 1)y or en bey if of the undersigned,to any person-fo r i n fluen,c Ing o r afte nipfi n g to in fluen ce an of is e r or e m p!loye e of:an agency,a M,em be r of Congress,on officer or employee of Congress,of an employee of a.Menw)er of Congress in connecUion -with the:awarding of a,ny Federal cuntract.,the making of any Federal grant,-the,making of any Federal on. loan,the.entering.into of any cooperative agreement,and.the extension, nfinuati .e,renewat,! amendmient,or moth cation of any federal,confract,grant-,,Ian,;or cooperafive agreement-: (2) If any funds other than Federal appmpriated funds have been paid or will be paid,to aRy persan,for influencing or attetri pting,to in,fl ue nc e a n offit ce,r or e m p I oye e of any ag en cy a�M ei ni ber�o f Cyr ngrey ,a n of of cer or employee Congress,ior an employee of a M m ih connee eber of Congress flon with this Fe -the un dersigned'sh all cGmplete�and sullmi dertal contract,grant,loan.,�or cooperafive agreement, in.accoridance:wfthi its instruiction.s. ,SLq,ndard'Form-L,LL,.'"D.I(sclosu re of Lobby ing Activities (3)The undersigned shiall require thalt the fanguage of ffiiisl certiff cationi be included in the award db c u ni e n ts for all s u b awa rd s at.a.-I I tiers('in clu din g s ut)c on t raz ts,s u h g ra nts T a n,d con tra cts und'er grants loans,and cooperative agreements)and that.a.11 brecipients shall ce"and di:Wose accoirdingly. This cerbficaUon is a nvatieriall representation of fact upon which reliance was placed when this transaction ki : was ma or entered into... Submission of thi's certffica-tion is a prerequisite fir nia ing or entering into this : transaction imposed by SecUon 1352',Title 31,U.S.Code. Any person who falls to file the.r equired :c ert ific a fio n shall ti e subj e:c t to a c iv H pe nafty of not le us than 110 00 0 and n,ot.mo,re th;a.n$ 000 for each sluch failure. The prospective paFficipant at agreies lby submitting his or her proposal that he or she:shcall require,that the langl age:of this c ertffi catibn b e include d in all lower fle r a,ub co ntra cls,wh 1 ch ex cee d 3-10.9,0 0-0 and that all s,uch subrecipients sh:aH certify and dis.cbse accordiply., are: of Consultant: IV By* .. .................. iN .Authorized Signature. ........ T1itle: .................. June 2025 BID:PROPOSAL 001.1.0 CARDSOUND ROAD AT rVUBBYS CREEK BRIDGE 0904982 AND CARD SOUND:ROAD AT IMOSQUI TOCREEK BRIDGE 090.49-84. 11001 Of Reffiri A WAN W1,41,CIA'MUM W*11AM2 14 CON FLICT OF INTERESTICON FIDENTIALIT Y CERTIFICATION FOR CO:NSUIL'TA:NTICON'TR.A.CTORfT,ECHNICAL.ADVISORS 11 cedfy that have no peen conilba-of[Merest,:that,1.have:ono kno%ledge of any o onflittcf:inteerest that my Er m r—nay have.,and that,I YAJI recuse,mystiffrorn any cApacity of d�e6s`ian making,approval.disapprovat,or re-camirnardatlon on any contract if 11 have a.ooinflict.of interest ce. ai polen.fial conflict of Interest Con s UhUntsc-ontracors are.expected to;safe,guard their ability to make c b*twe,,fair,,arA imparfial dedision,s v^,en P erfbrmirg work,for the D epaAme M,a therefore may,not mept ben efts of any sort under CIMU mstances in wtfldii it could be ifferred by.a reamsionabite observer-that the ben0l was intended to inffuenoe a pending or future dedsion af'0�&s,or-to reward a past dedision.Consulunts perfafming%Urk.for the Depa,ftrnent should'a%o5d'any conduct(MI e4her rn.the=ntext of:bulsinessfinan 1,or:sociall rely bonshlps)whidhi mil ht underniiine the pubfid tru,st,whieth er or nat that eDnduct.is un et h,56alcr:[ends ftse.4 f to themapp ea rance of-oik,,al improp-tiety. t vwill ma6nt3in the ccoifidenfiatity,041 infbr mabon not,n-kvde,pubdia by the RlDnida Departa*nt of Transporbbion,r0epartment")related to the procurem nt of the abwde.-re Wen oed(,P(piecr)that t gain a ocess,to as a:result.of my-[nvc(Vem&nt!Mdh the Pmjact-ffrocu re,mant tnforniaAlon'),T understandithat;Prorurement In ionln6udes,but.is niDtlil.mit.e.dto,,,do.c�:umeriAs.prepare.db�y,.orfbe ftDepaxtment re4mtedto prccuw,Wnt of:the Prcliect.I also understand that Prccure mi ent Info rrmaticn includes,b4.A is not fimited to,docufrnents submitted to;the Depiaitnwnt by entfies seeking an award of the.Pro ject(Troposrers*).I understand that Prowrement lnfbwmadon niiay iwude docunm- nits submitted by Proposers,telated to letters of respons,01letteirs of-interest,teoh6oal pmpfosals,pnoe,p.mposafs,finan-ciadli proposals,and,' infomiration sharedd,,un'ng exempt.meet-Ings.1.also undersitandthat Procurement Infoirmabon may alto include.docunwints,that evrailuate or review dacuiments submitted by Proposers,and[Vbam,bon regarding Pmject oast es-Urnaites.Valso agree not to discuiss the Project "th anyone who is ai member:of or acting on;behalf of a,Proposer. crida Aftomey General,,I Will not d0vulge any: U Ness so,ordered by a court of corQW,en t ju risdiction or a n op(n i o rt of the Office of the F-1 Priccurenwnt 1Jn mat o except to,individuals who have executed a Conflict of 1n;teresV0o:nffd'enViaMy GwrMwbon Which,has been,Apppmved by the,DepairUmnt.CPm1ect Persionner'),I understand that.a fist of Pr�.ct Personnel vM be mairAained by Depadn,*nt. If I am, contacted.by any me nihe r d"th,e p,;j W 5o or the me dia With.a guest for Procurement I nf�maitoin.,I WN pmmpdy-fbiwea r,d s uch req u.est-to the DepartmerA's centaMning Proouremerwt InfoTmabon which are in n7y custody. Prccurenwnt Office.I vAll a[so mai�nlaln securiV and cont rol over al l docaments V,aigree not to soli pt gratuffies,unwafranted privileg4s or exemptions,favors,or anything oftalue froni any f1ml under considerawn for an,agreement associated Mh the Prqject,and I recognize:that doing so may be oontrary to,statutes,ordinances,and rules governirg cr appfta,Me-to the Dapartment or may othe"A'se be,a elation of the law.. agree:nc4-bol engage.[n bid tanijipenng,,pour aril to Sac 03.8.22.Rc6da Statutes- I reMize that.violaEon of Via above nwrAlbned sUindards oouU re-gilt in the temi,inabon of my voD*for the Diepw.trnent Hu nth er realize that vidliatToni of the:atKywe meMoned statute vmutd be punishable in aocardanoe.with Section M8.22.Rodda Statutes- Advettisement NoJ Diescription Fin andial Project Number(s) Wicttatibn Idol _11LIn ...................... ............... .......... ........ ................ I. h. ........... Each and rs ig nied i n d ividu a 11 gees s too th e te rm s of thi sl C.a nfl iat of I n1eiresUCo nfid e ntialibf Cerb feagan Ptinte mes d Na Signatures Date ......... ................................ ............... ............ Jun-c 2025 BID PROPOS!AL 001.10; CARD SOUND ROAD AT TUBBYS CREEK B1111)(3E 9.904982 AND CARD SOUND ROAP A17 MOSQUITO;CREEK.BRIDGE 49,04984 STATE OF FLORIDA DEPAl;tTME OF TRANSPORTATICN 375-M-34 MOCURWENT DISCLOSURE OF LOBBYING ACTIVITIES. 02116 4 Is t.Ws form applies, to your firni? YES: NO-o' If IMP then please complete section 4 below for"-Prime" -------............................... 1.Type of Federal Action: 2.Status of Federal'Action 3,Report Type: a..contract. a.,bid/offer/application a.initial filing b.grant b.initial award bs material change cp cooperative agreement a.post-award For Material Change Only-:, d.loan Year: Quarter.......... e.loan guarantee Date of last report', -f. loan insurance �,MM./dd/yy,yy) ......................... 4.Nar".0 and Address of Reporting Entity. 5.:If Reporting Entity in No,.4,is a Subawardee,Enter Name and Prime; -Subawardee Address of Prime: Tier if known: A .................... ....................... ............... Congressional District,if known:4c C.ong.ressional District,if known: ............. .............. ................... deral PiroUram Name/Description, 61.,Federal DepartmentlAgency: 7, Fe .............. .......... CFA Dumber,,if applicable'. 8. Federal Action Number,if known: 9.Award Amount,ff known: ................... 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if 'if individual,.last name,first name, MI), diff6rent from No. 10a) (last name, first name,,MO: ..................... ............... Inforniation requested through this form Is,auftrized by We 31 jo Ile 0 jv -135 -s disiolosure U.S.C.section .2.ThI of tobby-ing actMfles Is a Signature, ......4 .10 , ni,ateria$represented/on of fad upon whtch refiance.was placed we "..11F by the fler above when this transaction was made or entered 00� o/ Print.Nqr�e_ . ..................................... -re is req into.This(Jisoosu UIQ pursuant to!31 U.S.C.1352.. ,71" This inform lion,wsifl be avail abi e.fby-public inspection.,.Any person who tails to file the.required disclosure shall be subject Title: (5,�40 to a civil p enafty of not less than$1 0;0,00 a.ad.n ot more than $1.00,000 for each such failure. Telephone No.: 6L) Date(ni rn,/dd/yyyy). IC6 I[e): U onzeJ for Local Reproduction. federal Use Only* Standard Form LLL(Rev.7-97) J hin.e 2025 'BID PROPOSAL 00110 CARD SOUND ROAD AT'rUt.BY'S CREEK BRIDGE 004982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE#904984 375-030,34 MOCUREM ENT CWV 14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL}DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action,Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullnarne,address,city,State and zip code of the reporting entity.Include Congressional District, if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawa rds include but are not limited to subcontracts,su bg rants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,it known,For example,Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1).if known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants}cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g.,. Request for Proposal(RFP)number; Invitation for Bid(IFI3)number;grant announcement number;the contract, grant,or loan award number,the application/proposal control number assigned by the Federal agency). include prefixes,e.g.,"RFP-DE-90-001.� 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Diddle Initial(III). 11. The certifying official shall sign and date the fora,print his/her name,title,and telephone number. Acoording to the Paperwork Reduction Act,as amended,no persons are required to fespond to a colleo ion of information unless it displays a valid OMS Control Number.The valid OMB contfot number for this informakion cadlecti is OM No.0348-0046.Public reporting burden for this collection of information I's estimated to average 10 minutes per response,including time for feviewing Instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the election of informaUon.Send cornments regarding the burden estimate or any other aspect of this election of infwmaticn,induding suggestions for reducing this burden,to the Office of management and Budget,Paperwork Redwobon Project(0348-0046),Washington,DC 20503. Jutie 2025 BID PROPOSAL 00110 CARD SOUND ROM)AT TUBBY'S CREEK BRIDGE 99049,82 AND CARD SOUND ROAD,jiVII'MOSQUITO:CREEK.BRIDGE.4904984 STATE OFFLORDA DEPARTMENT OF TRANSFORTAT�0?4 EW VANAGEMI LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM Page lof 2 C 0 N FIDE N TIAL per C 1).337.1.;401 FS. For bids to be received on. F1111 in Your FDOT'Vendor-Nun7iber, (gaffing Date) V F r �,,) (Only applic-tible to FDOT pre-qualified contractors) CERTIFICATE I lie rebyeertify that the aniount of any proposal submitted by this bidder for the above letting does not exceed the anio unt of the Firm's CURRENT CAPACITY(nimunum capacity rating less total uncompleted work). The totall uncompleted work as shown.on us of Contracts on Hand"report(page.2.) $ 67 the:"Slat. I further certffy that the"Status of Contracts on Hand"report(page;2)was prepared as follows_* -I.. If the lettingis before the 25"1 day of'the month.,the certificate and report reflect.the uncompleted work as of the'15th day ofthe month!,.lost preceding the mon'th of the Wfing. 2. If the letting.is fter the 25th!day of the month,the certificate and report reflects-the uncompleted work in,progress as of the '15th day,of the m,onth of the letting. 1 All new contracts(and subcontracts)awarded earlier than.fivei-days before the letting da�0',&'e included.in.the report. and charged agaiinst our total rating. ill' ve 9e 'll I certify that the information abo is correct. M p IRK NA t Sworn to d s � , anubscribed this day, ByIlNiiii f AIR June 2025 'BID PROPOSAL 00110 o 1 fl a C3 o m v a v m n a C) ID C3 Cl -0o b w � in In co PI Cl cc s) .e c cs a� v CD7 in v in c} c� r= 0 0 0 r a rs ea v a m c o o C3C� t0 C� C� a 4DCl oC:) cs C� Ul i 3 co i'} �51? r M Co I'-t`? n Cr) L} M An � t}C77 s!1 t � r%l L12 L1? w 17 Ir1 is Ld T' Iff -':4'; C'tih 4'J r 2Ly ''.r~ r- � It le m #'7 T- 0 r- i•+l as r- Ira au M Cf) [Cs fie': +a7 z: O Ic Ln m C31 ko L S {4 0 m d Ln in Ln O � �� •••' r71 G} z-- r G*5 - +� 42'a lbd Ld} C - t"' (+� tom" C] C7 C] Q C9 C} C� 0 a 0 Q C, m C? 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CD r- N � n. iFJ "7 � r f- CC d4 C co OC [C ❑ [ dC r1] 4 W r t]C i17 y'` ui �] — En u va t+'i �cc Ida m ': +�- m { ter �y C'7 �* ❑ fl] tt •� ry asLn }C W W F T P Ati: +a m + rn sv r L11 N 4 In eo w .o �o a s v � xt St to m tt aQ dC — — O 1 J �1J W ll.r H F- U F- r� �n r� .a — wT p� 4 4 � h r* W H H H i-- F�- Lei F-r F' }�' 1 `•' � Q kl.l fY Z � Q Q � � ❑ F- �- ❑ lU ac� � � 2 C� � u.. t� u_ F.. z tL' is u #r. Is ❑ , r 1 7 1 1 r 1 1 1 f , � 1 F d � 1 LL a a � asrri c+�i a < ;M1e r '�'�:-'�`.��.F� � � � t� M r� r• � F�� r4 r�r- rY F- � #� r� r� - ti��: ':a`;r� �rti r; tti f~ f~ r��r+� '` CARD SOUND ROAD AT TUBBYIS CREEK BRIDGE 4904982 AND CARD S0tJND ROAD Al'mosQu rro CREEK BRIDGE#904984 MOGRAM W.u43UMNT STATUS OF CONTRACTS ON HAND MIX Pi,42d3 (Furnish oomptete information about all your contrasts,whether pf-ime or subcontracts; whether in progress or awarded,but not yet begun;and regardless of whom vcmtra«cted Wth.) t 3 4 tJNC�MPLETED AMOUNT TO BE DONE i?RCUECTS CONTRACT(OR AMOUNT BALANCE OF By you €WNER,LOCATION AND DESCRIPTION SUBCONTRACT) SUBLET CONTRACT AMOUNT TO OTHERS AMOUNT AS PRIME AS CONTRACTOR SUBCONTRACTOR -------------------------------- MOTE: Cc4umrvs 2 and 3 to show total cxntmct(or sut�contxact}amounts, Wumon 4 to be difference TOTALS $0.00 $0.00 between ccAurnns 2-and 3.ArrHount in r0uM-ns S ot S to be uncompleted portion of arnourat in cokirnn 4.AN amounts to k shown to"crest S100. The Contmetor my consolidate Oro iist as a Rem all TOTAL UNCOMPLETED WORK CIS contracts wtkh,indvidualljr,do not exceed 3%of Mal,and which,in the aggregate,amount to less than HAND TO RE DONE BY YOU gg of the totaf. (TOTAL.COLUFANS 5 AND B) hi ne 2025 BID PROPOSAL 00110 CARD SOUND ROAD AT I'LI13B:YtS'(-'IZEEI(.BRI.DGE.t4904982.AND CARD SOUND 1.10A.D.A'r iNIOSQU11`0 CIZEEK BRIDGE 0904984 STATE Of ROMA OEPART ME W OF TRMSPORTATICN 57 5-060.-1i 3 M G Of WAY NON-GOLLUSION DECLARATION AND RI 015001 CO P&�a I of 3 MPLIANCEWITH:49 CPI §29 ITEWSEGMENIT NO.:. MANAGING DISTRICT: PARCEL NO., COUNTY OR BID LETTING OF: 1Z... ..1�e hereby declare that I any (NAME) ~wm' ,., n.. k ,N w°�r I ",nn of (31 L eZ 3. (TATLE) (FIRM) Af 01 JL ........................................ (.CITY:AND STATE) and that I am the person responsible within my firm for the fi:nM decision as to:-the price(s)and amount of this Bid on this State Project. I further declare that, 1 The prices(s)and amount of this bid have been arrived at independently,without consultation, comm uni cation.,or agreement,for the purpose of restricting competition with any other contractor,bidder or potentiali bidder. 2.. Neither the price(s)nor the arr)OUnt of this bid have been disclosed to any other firm or person.who is a pi . bidder or potential bidder on this project,and will not be so disclosed prior to the bid'oening 3 No attempt has been made or W.11 be made to sokft,cause or induce any other firm or pier on to refrain from bidding on this project,or to submit a bid higher than the bid'of this firm„or any intentionally high or non-competitive bid or other fOrm of complementary-bid. 4. The bid of nly firm is n-iade in good filth and not pursuant to any agreement or discussion with,or inducement from,any firm or person to submit a complementary bid. 5. My firmi has,not offered or entered into a subcontract or agreement regarding the:purchase of materials:�or services from any firm or person,or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration fbr an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person whether in connection with this or any other project, in consideration for my firm's Submitting a complementary bid,,or agreeing to do so,on this project. 7. 1 have made a diligent inquiry of all members,officers,,employees,and agents of my firm with responsibilities relating to the preparation, approval or submiIssion.of my firm' bid on this project and have been advised by each of them that lie or she has not participated in any communication,consultation,:discussion,agreement,oollusio-n actor other CondUCt inconsistent Nvith any of the statements and:representations made in this Declaration. 8. As required by Section 3,37,165, Florida.Statutes,thei firm has fully informed the Department of Transportation in writing of all convictions of the firm,,its affiliates(as defined in Section 337.165(1)(a)p Florida Statutes), and all directors,officers,and employees of the firm and its affiliates for violation of state or federal antitrust laws VVIth respect to a public contract or for violation of any state;or federal law Involving fraud,bribery, collusion,conspiracy,or material misrepresentation with respect to a PlUbli:c contract.. This inClUdes disclosure of the names of current.employees of the firm or affiliates:who were convicted!of contract crimes while in the employ of another company. Ritie 2025 BID PROPOSAL 00:11.0 CARD SOUND ROAD AFFTUBBY'S CIMEK BRIDGE#90498.2 AND CARD SOUND ROAD ATA10,SQLJ1T0 CREEK BRIDGE#904984 HIGHT OF WAY P4190 2 of 3 9. 1 certify that,except as noted below,,neither my firm nor any person,associated therewith in-the capacity of owner,partner,dilrector,officer,principal,Investigator,project director, manager,audltor,,andlor, position involving the administration of Federal funds; (4) is presently debarred,suspended,proposed for debarment,declared ineligibIle,or voluntarily excluded from covered transactions,as defined in 49 CFR.§29.1 10(a), by any Federal department or agency; (b) has within a three-year period preceding this cerfificattoin been convicted of or had a civil Judgment rendered against,him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a.Federal,State,or local governmIent transaction or public contract", vUation of Federal or State antitrust statutes,or commission of embezzlement,theft, forgery,,bribery falsification or destruction of records, making false statements or rece.Mng stolen property; (c) is presently indicted for or otherMise criminally or civilly charged by a Federal,State or local governmental entity-with com m ission,of any of the offenses e n.0 m erated'in paragraph 9(b)of:this certification;and (d) has within a three-year period preceding this certification had one or more Federal,State or local'; government public transactions terminated for cause or default. 10. I(We),cerfify that lffle:)�,shall not knowingly enter into any transaction with any subcontractor,matedial supplier, or vendor who is�debarred,suspended,declared ineligible,or VOILintarily excluded fIromi participation in;this: contract,by any Federal Agency unless authorized by the Department. Where lam unable toi declare or:certify as,to any of the statements contained:in the above,stated paragraphs numbered(111)through(1.0), 1.have provided'an explanation in the"Excepflons' portion bellow:or by attachied separate sheet. EXCEPTIONS., 0 in -id (Any exception listed above will not necessarily relstll�,, d iniajl-,of akwlai M1tul wjl:l be considered in determining %4 bidder responsibility,: For any exception noted: indicate tq,wh6mj1t`ApjJ1i'es1,i�kiptlfl'jagency and'dates of agency action. Providing fal'se information may result in criminal prosecation! lqrb"dhi S ganctions.) ini'trative, o I declare under penalty of perjur.,,that the foreg ' 01D gj[s.,7,.t r u e a n,d c rrec. . te. wF le, VIA CONTRACTOR: (Seal) .................... W I TWE B Y: S. ------------- 1, EP TECH 29" N A b M,11 ",� D Ir F 17 WITNESS.* B Y 1 5�0 0 A0 ,RfURE Execut •d on-this i day of . ................ CUU.. IS IWISDOW r WEN..... ...... ...... Awb ........... E,.SULTIN JWB1D..:. El: G%D CL:IREDW Es N WAY "A 0NR_ ............. hiie 2025 BID PROPOSA-14 001.10 CARD SOUND ROAD AT TIJBBY S CREEK BRIDGE P904982 AND CARD SOUND ROAD AT 1110SQUITO CREEK BRIDGE#904984 575-V50--13 Rr>Fff OF WAY 0510t FW3 e3of3 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors,material suppliers,vendors and other lower tier participants. -Appendix B of 49 CFR Part 29— Append ix B Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions Instructions for Cerfiricafion 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective Lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction," pparticipant,""person,""primary covered transaction,"4pri ncipal,""proposal,'t and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations_ 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6_ The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction, unless it knows that the oertif cation is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocu rem en t List. S. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to reader in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a tower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or ag en car with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions (1) The prospective layer tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntary excluded from participation in this transaction by any Federal department or agency. (2) where the prospective lower tier participant is unable to certify to any of the statements in this certifi ation, such prospective participant shall attach an explanation to this proposal. .wile 2025 BID PROPOSAL 00110 CARD SOUND ROAD AT TUBBYS CREEK BRIDGE 4904982 AND:C"ARD SOUND ROAD A.TMOSQUIT-0 CREEK.BRIDGE#904984 SECTION 00 110 Bid Bond General Asphalt Co,LLC KNOW ALL MEN BY T14ESE PRESEN,rs, that we 4850 NVV 72"AVenLle.,Miami,FL 3,3166 (Here inner-1 full.name and address or legal title of Contractor) Berkshire Halhaway Specialty Insurance Company as,Principal,hereinafter called the Principal,and. 13141I.you glas Street,Suite 1400,Omaha,NE 68102-1944 (Ifere j.n-sert full.tiame wid address or legal title of Surety) a corporation duly organized under the laws of the State of Nebraska Monroe County as Sul-lety,hereinafter cal.led the Surety,are held and firmlybound.tinto 1100.Simonton Street,Key West, FL 3304.01:.................. (Here inwrt full nanic and address or legal Wile of Owner) as Obligee, hereinafter called the:Ob.11ig.ee..) 1.1.1.the sum of' Five Percent of Amount Bid Dollars($_5%of Aniount Bid �for the payment of which sum welf and truly to be made, the said.Pri.ncipal and the said Surety, bind ourselves, 0 1011114 licirs, executors, administrators,successor is and assigns,jontly and severally,firinly by these presents. Card Sound Read'at Tubby's Creek B6dge:#904982 and Card Sound WHEREM, the Principal has subm"Ited a bid for Road at Mosquito Creek Bridge#9049-84,Monroe County,Florida (Here Insert full nam.e.address wid descri'ption of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and, the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such. bond or bonds as, may be specified in the bidding or Contract docurnentswi.t.h.good,and sufficient,surety''Mr the fWthful per.form.ance of such Contract and f-br the prompt payment of labor and inater tal. furillshed .in the pr osecutioi.i.thereof, or ill the event of the failure of the Principal to enter such Contract and give such.bond or bonds, if the Principal sliall I -i pay to the ObIlgee the differ spec ffi ed in.said bid andence not to exceed the penalty hereo.fbetween the amount sp siuch larger aniount far which the Obligee niay in good, fhi 0 th contract with another party to perforin the Work covered by:said bid, then this-obligation.shal.11 be null.and void,other-wise to remain in full. f6rceand effiect. Signed,and sealed this 14th day of August S.20 25 00.. 10 Giene4 Asph,,jJt10&,LL.0 4 'i er 1�' '005� 0"",e. /. V500 ;...5", 'o"010 (Witness) (Princi. (Seal.) .......... 00 wvw, (Ti-t( Jl ie) 6,"x-,e_c P Ct N live, '5,�V itle T A k r� p r 0 hir a-My pec talk; In Insur R.ks . - : I Ber hi:reH� S Jal ance Company ffit ness) a" iford (Sur .............. (Ser Y) (Title)'Charles I Nielson,Attorney 4n-Fact .......... June 2,025 BID PROPOSAL 00110 CARD SOUND ROAD:AT TUBBY'S CREEK BRIM"Y"E 4904982 AND CARD SOUNDS-110A.D AI'MOSQUITO CREEK BRIDGE#904984 Bidder's Insurance Statement The Insurance reclunvment's are set forth in Section 00900 of the project manual as follows.: Insurance ReggEh einent Limits Worker's Compensation. Statutory I.A.111its 'Ein ployer' Liability WC3 000 000/$1000 00011,000,000 s 0: General.Liability GL5 $3,000,000 Combined Single Limit GLXCU *.Rcqti,i.red.Eiidorsei-n.ei-i-t Underground, Explostoll, and Collapse.(XCU) V 000 per person- $1,000,000 per occurrence ehicle Liability- VU $500� (Owned, hired and $100,000 Property Damage No.n- owned Vehicles) or $4,000,000 Com.bined'Limit 1 understand the n-isurance that will. be mandatory if awarded the con-tract and will comply in. full with all these requirements. Al I in-stirers slia,11.have an AM. Best rating of:V!or better and.AM], bQ-.;-,j;tensed to do bu stress.in.the State of Florida. ap'o 4111",001. .SS` ........... 000 0 00 00 / Y, G .,00 eral Asphalt Co.,LLC zz� en Name of Bushiess S' nature Date 0! June 2025 BID:PROPOSAL 001 11.0; loom 5.2924 -lathaway 13erkslitre I S pec altylnst.,irari,cle fly jij 0 f A it MEN= BERKSH I RE HAT HAWAY SPECIALTY INSU RANCE COMPANY ....,.,,..,,,,,,,R,nnnn,r,..... NATIONAL INDEMNITY COMPANY NATIONAL LIABILITY&FIRE INSURANCE COMPANY Know all men by these presents,that"Rrr'..'..H..r'rRErrrrHr.A.T.HAWAY SPECIALTY INSURANCE COMPANY,a corporation existing under- •3; .............. ............ and by virtue of:the I;aws of the State of N eb raska acid having an office at One Linton Street,23rd Floor,Boston,Massachusetts 02111,.RA_T PANY.JON a totl)Otatic n.exisbng under-and by virtue of the laws of tho State of Nebraska a nd h avl ng a n__AL INDEMNITY COM office at 3024 Ha rney Street,Omaha,N eb:rai5k,a 6.8131 and NAT]ONIAL LIAM LITY:&F1 RE I NSU RANCE COM PANY a corporation exi5flng under and by virtue of the laws of the State of Connecticut and having ani office at 100 First,Stamford Place,Stamford,Connecticut 06902 i hereinafter col lectively the"Corn pa n ie s"),pu rsu ant to and by the ao thorfty granted as set forth herein,do hereby name,conisfitute and appoint:Charles J.Nielson.Shaw-n Burton,0-acrid Hoover,Charles Q.Nielson,Laura Mosholder,Michael Moyer,15,05D NW 79th Court, 49 ....51-S u.Ite2Q0, the city oIA 11 Lake qFlorida,their true and lawful attorney(s)-in-fact to make,execute,seal,acknowledge,and of .s. . ....... .............. deliver,for and an their behalf as surety and as,their act and deed,any and all undertakings,bonds,or other such wrildings oblfgatafy in the nature thereof,In pursuance of these;presents,the execution of which shall be as binding upon the Companies as:if'it has,been duly signed and executed by their regularly Owed officers In their own proper persons This authority.for the Attorney-in-'Fact shall be: I Imited to the,execution of the attached bond(s)or other such writiongs obligatory yin the nature:thereof, In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of the,Comp:aWes have been affixed hereto this date of August 24,2023.This:Power of Attorney is made and executed pursuant to and by authority of:the Bylaws,Resolutions of the Board of Directors,and other AuthorRations of:BERKSHIRE HATHAWAY SPEVALTY INSURANCE CO M, PANY,NATIONAL,INDEMNITY COMPANY and NAT110 NAL.LIAB 11LIT Y&.FIRE'INSURANCE COMPANY,which are in full force and effect,each reading as appears on the back page of this Power of Attorney,re5pecjhwely.The following seals of the Companies and signatures,by an authorized officer of the Company may be affixed by facsimil.e or digital fo.rmat,which shall be deemed!the X. equivalent of and constitute the written:signature of such officer of the compan'les and origInal seals of the Companies for all R purposes regarding this Power of Attorney.In.cludl-ng safisfaction:of any signature:and seal requirements on any and all.undertakings, LIL bonds,or other such:writings obligatory In the nature thereof,to which this Power of Attorney applies. E BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMIPANY, INSURANCE COMPANY,, NATIONAL LIABILITY&.FIRE INSURANCE COMPANY, By By: David Fields,:Executive Vice President David Fields,Vice President STEVAte. 4� ev AN ell% low 'e(J NFAL kt A 4-Wb- NOTARY State of Massachusetts,County of Suffolk,ss- On this 24th day of August,2023,before me appeared David Fields,Execotive Vice President of BER9SHIRE HATE AWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL IN I)EIVINITY'COMPANY'and NATIONAL LIABILITY&HRE INSURANCE COMPANY, who being.duly sworn!,says that.his capacity is as designated above for such Companies;that he knows:the corporate seals of the: Companies;that the seals affixed to the fore-going instrument are such corporate seals;that they were affixed by order of the board of directors or other.governing body of said Compa n les pursuant to its Bylaws,Resol 0ons and othe r Authorizations,and that he signed said Instrument in that capacity of said'CompaWes. (Notafy Seal] 9 YA .................... mt CXjNL1E.!N JOHN 4 Notary Pub lic NoWy Nbk, ................. X, Sri C�Ofnawjon EXP'MS JanV,81Y 22,2027 1,Ralph Td rtorel la;,the u nd erslg.ned,officer of DERKSM RE HATHAWAY SPEVALTY I NSU RANCE COMPANY,NATIONAL I ND EMNITY COMPANY and'NATI'ONAL LIABILITY&FIRE INSURANCE COMPANY,do hereby certify that the above a n d foregoing Is a t rue and correct copy ofthe Power of Attorney executed:by said'Companies which Is In f u I I force and effect acid has not.been,revoked,IN TESTIMONY WHEREOF,see hereunto affixed the:seals of said Companies this AUgr99,rL4,,2.Q2'.- SO MIA,I ,rypv '4�Nj TV A r SEAL Ralph iTorturella:,Officer %.�o ftm Now.. hi c.fc.S 44. ti BHSIC,NICO&NLF POA(2023) CARD SOUND ROAD AT TUBBY'S CREEK MIDGE 4904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE#904984 SECTION 00163 PRE-BID SUBSTITUTIONS PA RT l - EN E R L 1.1 DOCUMENT INCLUDES: Pre-Bid SubstitUtiOlIS 1.2 BIDDER'S OPTION A. For products speci#ted only by reference standard, select product inn till that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one of prodLIcts and manufacturers named which complies with the Technical Speoifications. C. For products specified by naming several products or manufacturers and stating "or equivalent" "or equal", or "or Architect/En i neer approved equivalent", or similar wording, submit a request as for su bstitut ions, for any product or m a nu factUrer which is not specifically earned for review and approval by the Director of Engineering Services. D. For products specified by naming only one product 1 m anti facturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A. Base Bid shall be in accordance with the, Contract Documents. 1. a bst itut i oils for products may be made during the bidding by submitting completed substitution request form and substantiating product data/]iterature a minimum often calendar days prior to the Bid Date to the:Director of Engineering Services. . The Director of Engineering Services will consider requests utilizing this section from the Bidder for substitution of products in place of those specified. 3. Those submitted 10 calendar days prior to Bid Date shall be included in an addendum if acceptable. 4, Substitution requests may be submitted titil i zi ng a facsimile machine (FAX) If SUbstitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with: 1 Complete data substantiating compliance of proposed SUbstitution with requirements stated in Contract Documents: a. Product identification including manufacturei's name and address, b. Manufacturer's literature, identifying: l. Product description. 2. Reference standards. June 2025 PRE-BID SUBSTITUTIONS 000163 CARD SOtT D ROAD AT TUBBY'S CREUK BRIDGE 9904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE 004984 3. Performance and test data. C. Samples, as applicable. d. Name and address of sl to filar projects oil which product has been used and date of each instal latiot1, . Itemized comparison of the proposed substitution with product specified, l fisting sign cant variations. 3. Data relating to changes in construction schedule. 4. All effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Designation of requ ircd license fees or royalties. 7. Designation of availability of malntcnance services, sources of replacement materials. C. Substitutions will not be considered for,acceptance when: l, Acceptance will require substantial revision of Contract Docu meets. . In the judgment of the Owner or Director~of Engineerin Services, the substitution does not include adequate information necessary for a complete evaluation. D. The Director of Engineering Services will determine the acceptability of ally proposed substitution. 1 A KIDDER'S REPRESENTATION k In making formal request for substitut iorY the Bidder represents that: I. They have investigated proposed product and has determined that it is equivalent to, or superior in all respects to that specified. . They will provide sane warranties or bonds for substitution as for product specified. 3. They will coordinate hi stallat ioti of accepted substitution hi to the work, and will make such changes as may be required for the Work to be complete in all respects, 4. They waive claims for additional costs caused by substittltiotl which may subsequently become apparent. 5. Cost data is complete and includes related costs under their Contract, but not: a. Costs under separate contracts. b. Director of Engineering Services' costs for redesign or rev i s ion of Contract Documents. Aine 2025 PRE-BID SUBSTITUTIONS 000163 CARD SOUND ROAD AT TUBBY'S CREED{BRIDGE 9904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE##904994 6. Cost data need not be submitted, if request is for inclusion in an addendum, 1.5 DIRECTOR OF ENGINEERING SERVICES'S DUTIES A. Review requests f01•s Ubs t ittit ions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to t iie party submitting the request. 1.6 SUBSTITUTION REQUEST FORM A. Tile form is attached to di i s Section. B. Substitutions will be considered only when the attached form is completed and included with the stibinittal with all required back-tip data. Juno 2025 PRE-BID SUBSTITUTIONS 000163 CARD SOUND ROAD All TUBBY'S CREEK BRIDGE 4904982 AND CARD SOUND ROAD AT INIOSQU11TO CREEK BRIDGE H904984 TEE QUEST F SUBSTITUTION T FORM � ... ........_ TO: Director*of Engineerl'ng Ser-vices Monroe County Engineering Department 1100 Simonton Street Key West,Florida 33040 Pli: (305) 295-4329 FAX: (305) 295-4321 e hereby submit for your consideration the following product instead of the specified item for the above project: D '. IN NO. DRA IN NAI � SPE . SEC. SPEC.NAME PARAGRAPH RAPH SPECIFIED ITEM Proposed Substltut ol1: Attach complete information on changes to Drawings axid/or S pecif cations which proposed sit bstitutim will }require for its proper installation. Submit with request necessary samples and su bsta tit lati rig data to prove equal quality and performance to that which is specified. Clearly mark rxr mifacturpt�rs literature to indicate equality in performance. he undersigned eertif s that the function etiar appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address City State-1 Zip Code Telephone Date Signature shall be by persm h av i rig authority to legally bird his firm to the above terms. Failure to provide legally binding signature will t-es U It in retraction of approval. For use by the Engineer: Approved . � Approved as toted Not Approved Reed too late insufficient data received BY .Tune 2025 PRE-BID SUBSTITUTIONS 000163 CARD SOUND ROAD-AT TUBBY'S CREEK BRIDGE fl9.04982 AND CARD SOUND ROAD AT mowurw CREEK BRIDGE#904984 Date Fill in Blanks'Below: X Does the SLIbstitutIon aMet din-wnsions shown on Drawings? 'Yes No if yes, clearlylindicate changes: J/ ............................................. III es' n hi(I we-ing atid deta'fing costs B WHI. the utidersigned payfor changes to tti.e btiflcfin�,g ig:., nw ing ength n caused by the requested subs t It Ut i 011 Yes No if 110 ffilly ex hill: ............. C. What effect does substitution .have on. 'i'lier Contracts or other traides? illy 'Dim What effect does substitutioti. 11,6ve on con str-ticti.on schedtl le 89 Y/ E Manufacturer's warm n/4es of the proposed and sPec-Ified items are: Expla-111:Saine F. Reason for 'Request: G. Itenlized c0nip-arison of specifiedaem(s);with the proposed, substitution; fist sii AI ficant vartations: H. Dies ignablon,of maintenance servi.ces aii,cl sourees.: (Affach additional sheets 1-Frequired). END OF SECTION 00163 R.-ine.2-0:25 PRE-BID SUBS"FITUTIONS 001016:3 CARD SOUND ROAD AT TUBBY'S CREEK IIHIDGE:0904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE 4904984 SECTION 000 MILESTONE SCHEDULE This section contains the project milestone schedule. The Contractor is required to study the applicable parts, or milestones in order to determine his proposed scheduling for the project. The Contractof is to note the following special items. a. Bid due Date...............■.r..■..•■••...••.•••.••...r a a■•••.r r. August 1 4th, 2025 b. Award Date(Anticipated) ■■■......■■■....•.... ...••.......•■■...September 10, 025 .. Pre-Con Meeting(Anticipated)...■■■.....■■.......•..... ...........■October 9111, 202 _ d. Constructim Start(Anticipated).............••••.•••......a.■.a a a October 20012025 Ate. F JJa Completion(Anticipated)...r••a■■■■r■■.■■■■■■■■■..■. .••....r a.......May 027 LIQUIDATED DAMAGE Conditions under Which Liqui'dated Damages are Imposed—the time or times stipulated hi the contract for c0111 letioti of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed is the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all Nvor , modified by all approved extensions iti time as set forth by the Construction Manager's signature of approval oil the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. On'ginal Contract Amount Dail Charge Per Calendar Ida $299,999 and under..■■■■■■..i•1 F#*#a■r a s a■■■■a■■•a a•#w.■.■■a■a a■■i i i.+t M■■ �� $300 000 but less than 44$2,000,000-boo***O*eomew&%Dmmugg#r*,440&&$I f 685 000 butt less than $5,000,000...Omwammomqe*rrvv*OOO#ap&&$21/f V $20001) $54000,000 but less than $101000!10000&pd&mbagam&ob000somowmmm$31)813 $10�000,000 but less than $20,000,000■■■..■■■.■.w......■.■■■ �0 1 $20 000,000 but less tha 400 000..■.a.■■■■*a.......■■.■.$7 44 2 $40 000 000 and over...............$10 224 plus .000 of any amount over $40 million (Round to nearest whole dollar; The Contractor's recovery of damages ages and sole remedy for any delay caused by the Owner slial l be an extension of time on the Contract. END OF SECTION00350 REFERENCES: 1. Name of Firm or Agency: RS&H Address: 3100 Overseas Hwy City/State/Zip: Marathon, EL 33050 Contact: Jacki Hart Title: P.E. Telephone: 954-755- 949 Email: jacki.hart@rsandh.com Scope of Work- Mill & Resurface/ Roadway Reconstruction 2. Name of Firm or Agency: city of Aventura Address: 19200 W Country club Drive :. City/State/Zip: Aventura, FL 33180 Contact: Tong Tomei Title: City Manager Telephone. 305-466-8900 Email: tomeit@cltyofaventura.com Scope of dark: Mill & Resurface/ Roadway Reconstruction 3. Name of Firm or Agency: FDOT District 6 Address; 1773 NE 20 h Street City/State/Zip'. North Miami Beach Contact: Joan Fabian Title; P.E. / Project Oversite III Telephone: o -g 8-4g 1 Email: joan.fa bia n@dot.state.fl.us Scope of Work: Mill & Resurface/Roadway Reconstruction 4. Name of Firm or Agency: Miami-Dade Aviation Address: P.O. Box 025504 City/state/Zip: Miami', FL 33102 Contact'. Miguel Riera Title: P.E./Engineer 3 Telephone: 305-87 o596 Email: mriera@miarni-airport.com Scope of work: Roadway, Taxiway, Runway Asphalt Paving 5. Name of Firm or Agency: Froward County Aviation Address: 2200 SW4 11 Street City/State/Zip: Dania Beach: FL 3331 Contact: Gasser Rouge Title: R.E. Telephone: g 4- 5g- 97 Email: gdouge@broward.org Scope of Work: Roadway, Taxiway, Runway Asphalt Paving ................I--................. .......... ........... ...... ............ ........ ........... .... ................................ ...........I...................... ............. ............................. ............................. ............... .................... ..................... ...................... ........ .................. ............................ ........... ................. ............. .................. ............................... ............................... ....................... ............. U.- ................... AdIaL :3 0 u Lu D f 4-) LLJ ao v); w LU C)i F- z I /Y? 4 w W.. Nil W li .a F— jlri gol C v R E m Y ova jg/ j/p P 125�1 (A A, C) A a "HN, ui co)T.' fff j u C: 61. if 4110P 14 .fir C���'' Yr )� 1: .. A uj A LLJ A/ If +j 'z A A. gm I 1r„f'•"� ¢,•. ij e Ij �,g er". 0 0 .............. W/ LL A a 0 LL II CIO 4-J q/ ON, LL" if m tf, Px/mg I..f I I I MIN',M�. 0 "J""%d gg q d 55 31 .......... LU VVIRIPP11 I NOr. 0 JP. ,I VV/1-, Ln „KK ��(/r�q 1'.1 T "jaw.",j: 1. ,)f z V) 01- M/ ow • +j A VN 9 A a' A '6j" M Rk j� N .IIY�� Y,1>ffl X,�r'jajp j. u 'am". '/UJ A 10 j gl �'%'• /�?/�/ri1 f�/� n. di i.rr�v J/ 0 �fr jou"'g "p- al > /g, Imi It/ jf Vg�,p qvgg 'f A".; aw LLM. 4-J i ui FM Z 0 A10. Ljj CL, ui > 0 Li V) 0 uj A�J!P. ........... 0 ............. ......... .... .................. ........... ....... ................................ ........................... .............. ................... ............... ................... FD .Mule 11111mll Florida Department, of Transportation RON DESANT11S JARE:Dl W.PERDUE,:P.-E 605 Suwa.nnee Street GOVERNOR SlECRETARY Talkiliassee, FL 32399-0450 April 30,2:02.5 GENERAL ASPHALT COMPANY, LLC. 4850 N.W. 72ND AVENUE KTAMT, FLORIDA 331616 RE.: CERTIFICATE, OF QUALIFICATION The Department of Transportation has qualified your- company for the type of work indicated below. FDOT APPROVED OR. CLASSES DRAINAGE, FENCT.NG1 FLEXIBLE PAVING, GRAD-ING, GRASSTNG, SEEDTNG AND S0DDTNGj GUARDRAIL, H04111P PLANT-KIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRI�DGESI PAVEMENT MARKINGp R&R I N T E RMEDIATE BRIDGES R&.R 11 1 S RE,PA I R AND RE HAB 1.L I TATE) , R.&R NJ I R.BRIDGES, ROADWAY S I GN I N G ,91.DEWALK, Mll.ling Unless notified otherwise, this Certificate of Qualification will expire 6/30/2026. In. accordance with Section 33,7..14 (l) , Florida Statutes, an application for quall.fi.cation must be filed w-ithin. (4) months of the ending date of the. applicant's audited annual. finalici-al, sta.tements T If the company's maximum capacity has been revised, it inay be accessed. by logg-ing into the Contractor P,requalification, Application System via the foll,owing link: HTTPS-.-//f'dotWpl.dot-state,.El,,us/Co.ntracto..rP-reQualification Once logged. in, select "View" for the most recently approved. application, and then click the "Manage" and "Applicat-ion. S tum-nary" tabs. The. company may: apply for a Revised, Certificate of Qualification at any time prior to the expiration date of' th1s certificate according to Section. 14-22.,0041 (3) , Florida Administrati,ve Code (F.!A..C. by accessing the most recently approved application as shown above and chaosing "Update"' instead of "View. If certi ficat.-ion in addit ional classes of work is desired, documentation 1,s needed to show that the company has performed such work. Ali. prequalified contractors are required by Sect-ion 1.4-22.006(3) , F.A.,C., to certify -their work underway monthly in order- to adjust maximum, bidding capacity- to available bidding capacity, You can find the link to thiq: report at the wehsite shot-in above,. Sincerely, James E. Tayl.or II, Prequal.ification Sllpervisor' Contracts Administration, Office JTIT improve Safety, Enhance Mobility, Inisp re:InnovatiOn www.fdotggy 4850 NW 72 Avenue GENERAL ASPHALT ' "Y"7 P;77 F 77 INC mi Florida 3:3166 CREDIT REFERENCES -3 4 8 0 TRADE UPERENCES CREDIT REFERENCES 1280 SW26TI-1 AVENUE SI FFE 4-5 1-6 13 MARI AID'I . 1',I=.I I..'-.r WHITE ROCK QUARRJES�INC. .P. 0..BOX 150:6 WE,S,r PALM 13,L .1, 1I,,. 3341.6 1. - (.305) - 822 - 5322, MARATHON ASHLAND 1'EI'RO:1,EUA4 LLB 1000 ASHL ND DR I A:'r',i,N. ,S'rA,NLEYJ.SMUMIT 606-3 - 55 606-3 - 54 (r ) STEM.QUARRY M IAM I,FL3,315 6 05- 0-9 10 I IMM,REFERENCES HORIZON CONTRAcrORS: INC. 1-1,305-828.2050 A"ITN:MR,JOEY SANCIJEZ ONDO'T'TE AME.R.ICA INC. 7590 NW 12 STREET M IAMI.,FL L 33126 BANK WE'RENCES .ALSO DOES EQUIPIMENFFIN ANC E `rD BANK 3885 NW 107 AVE DORAL)FI,33178 JOUBER OLIVEXAS,VICE,-PRESIDENT—BRANCH MANGER(305-499-5011): CLIVE COL'LINS,'VICE PRESIDEmr--SENIOR LOAN Ofr.[CER(305-441-564 1.) ESTHER.MORf,'NO,ASSISTANI"TO MR.COLLINS(786-437-240:7) ACCI'NUMBER. "UU07666:3" UGULAR CHECKING BONDING COMPANY NIELSON,H O OV &C OM PAN I N C. 80-00 GONTEINOR ER BIND SU Y,ITE 1.0 1. MIAMI LAKES,,FL 33016 ATIX.MR,CHA.R.LES NIE L-SON 305-722-2663 BONDED WITH LIBEKrY AILYFUAL INS,URANCE COMPANY EQUIPMEN-l"FiNANCE WELLS FAA O EQUIP-j�4-ENT FINANCE,INC. 733 MARQU.Frl'E ANTNUE STJJTJ-`�' 700 MAC N9306-070 1\41NNEAPOLIS,MN 55402 LOCAL RER-CHUCK SAYFON ORLANDO,FL 407-3-75-1054 WELL) GENERAL ASPHALT CO., INC N GENERAL iNFORMATION COMPAW NAME: GENERAL ASFI-I'Al."ll CO. INC. ADDU'SS 4850 NW 72 AVE., MIAMI, FLORIDA 33.166 PI-10NE I - 305 - 5.92 - 3.480 FAX 'I. - 305 - 477 4675 'I"AVING MATERIAL W.1-T OF BUSINESS HOT AND COLD MIX A.S.I.`H.All MANUFACr(JRE AND PLACING Of A4ATERIALS grXIT OF FLORIDA CORPORK110N E,SUABLISHED JAN'UARY 1966 PRESIDENU ROBEKI'A..LOPEZ VICE-PRESIDEWS ALBEKI"j,LOPEZ ROB A..LOPEZ,JR. ASSIST SECRETARY/COMI"ROLLER CUKI"IS SIMPSON SALES TAX WE:ARE NO"I"SALES"I"AX EXEMPF 39 FEDERAL ID# F -1115297 ...................... ............ '19 loo ............... 0- DAI .. hAcredit reference letteAcred.1t ref(d bank.doc A�'CJRD® ©ATE{MMl©DlYYYY� CERTIFICATE OF LIABILITY INSURANCE 9/16/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Holmes Murphy&Associates PHONE Sarah Tritz FAX 2727 Grand Prairie Parkway (A/C,No Ext: 515-223-6813 A/C,No): Waukee IA 50263 E-MAIL stritz@holmesmurphy.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Property Casualty Co.America 25674 INSURED CENASPPC INSURER B: Charter Oak Fire Insurance Company 25615 General Asphalt Co, LLC 4850 NW 72nd Avenue INsuRERC:Travelers Indemnity Co of America 25666 Miami , FL 33166 INSURER D:Allied World Assurance Co. Inc. (US) 19489 INSURER E: Steadfast Insurance Company 26387 INSURER F: Travelers Excess&Surplus Lines Co. 29696 COVERAGES CERTIFICATE NUMBER:405605846 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD C X COMM ERCIAL G EN ERAL LIABILITY VTC2KC07W3485391ND25 2/1/2025 2/1/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE F�IOCCUR DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ AP MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 9.18.25 GEN'L AGGREGATE LIMIT APPLIES PER: ., :: ""'� GENERAL AGGREGATE $4,000,000 POLICY X PRO - LOC ''" PRODUCTS-COMP/OP AGG $4,000,000 W OTHER: $ A AUTOMOBILE LIABILITY VTC2JCAP7W348527TIL25 2/1/2025 2/1/2026 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY APer accident $ A UMBRELLA LIAB X OCCUR CUP7W3485402525 2/1/2025 2/1/2026 EACH OCCURRENCE $7,000,000 D �3145654 21112�25 21112�26 X EXCESS LIAB CLAIMS-MADE AGGREGATE $7,000,000 DED X RETENTION$1 n nnn $ B WORKERS COMPENSATION UBA10793402525K 2/1/2025 2/1/2026 )( PER OTH- AND EMPLOYERS'LIABILITY Y!N STATUTE � ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 ❑FFICERIMEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Excess Liability AECO06061300 2/1/2025 2/1/2026 Occurrence/Aggregate 5,000,000 F Leased/Rented Equipment QT660A7290525TXS25 2/1/2025 2/1/2026 Limit 500,000 Contractors Equipment Limit Per Schedule DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 Monroe County BOCC, its employees and officials,and Florida Department of Transportation are included as Additional Insured on the General Liability and Auto Liability,on a Primary and Non-Contributory basis,when required by written contract with the insured,per policy terms and conditions. Waiver of Subrogation applies in favor of Additional Insureds on the General Liability,when required by written contract with the insured, per policy terms and conditions. XCU Coverage is Not excluded on the General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonson St Key West FL 33040 AUTHORIZED REPRESENTATIVE USA U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ACC'`" C E RT I F I CAT E O F LIABILITY INSURANCE DATE/29/DD/YYYY) 1/29/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Holmes Murphy&Associates PHONE Sarah Tritz FAX 2727 Grand Prairie Parkway A/c No Ext: 515-223-6813 A/c No): Waukee IA 50263 AD RIESS: stritz@holmesmurphy.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Company 22322 INSURED GENASPPC INSURER B: SiriusPoint Specialty Insurance Corp 16820 General Asphalt Co, LLC 4850 NW 72nd Avenue INSURER C: Homesite Insurance company of Florida 11156 Miami , FL 33166 INSURER D:Travelers Excess&Surplus Lines Co. 29696 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1539340493 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY RGC3003091 2/1/2026 1/1/2027 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1 00,000 MED EXP(Any one person) $10,000 t' PERSONAL&ADV INJURY $2,000,000 _ ., GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 DA 29 26 POLICY� PE� X LOC " PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY RAC9439302 2/1/2026 1/1/2027 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY APer accident B UMBRELLA LIAB X OCCUR I PSEX00000145 2/1/2026 1/1/2027 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION RWC3003090 2/1/2026 1/1/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability CXP06579200 2/1/2026 1/1/2027 Occurrence/Aggregate 1,000,000 D Leased/Rented Equipment QT660A7290525TXS25 2/1/2026 1/1/2027 Limit 500,000 Contractors Equipment Limit Per Schedule DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) EXCESS LIABILITY: Carrier:Allied World Assurance Co., Inc. Policy#3145654 NAIC#19489 Effective 02/01/2026-01/01/2027 Each Occurrence:$4,000,000 Aggregate:$4,000,000 RE:Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 Monroe County BOCC, its employees and officials,and Florida Department of Transportation are included as Additional Insured on the General Liability and Auto Liability,on a Primary and Non-Contributory basis,when required by written contract with the insured, per policy terms and conditions. Waiver of Subrogation applies in favor of Additional Insureds on the General Liability,when required by written contract with the insured,per policy terms and conditions. XCU Coverage is Not excluded on the General Liability, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonson St Key West FL 33040 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACC'`" C E RT I F I CAT E O F LIABILITY INSURANCE DATE/30/DD/YYYY) 1/30/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Holmes Murphy&Associates PHONE Sarah Tritz FAX 2727 Grand Prairie Parkway A/c No Ext: 515-223-6813 A/c No): Waukee IA 50263 AD RIESS: stritz@holmesmurphy.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwich Insurance Company 22322 INSURED GENASPPC INSURER B: SiriusPoint Specialty Insurance Corp 16820 General Asphalt Co, LLC 4850 NW 72nd Avenue INSURER C: Homesite Insurance company of Florida 11156 Miami , FL 33166 INSURER D:Allied World Assurance Co. Inc.(US) 19489 INSURER E: Steadfast Insurance Company 26387 INSURER F: COVERAGES CERTIFICATE NUMBER:924751121 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY RGC3003091 2/1/2026 1/1/2027 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1 00,000 X XCU Applies MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� PE� X LOC PRODUCTS-COMP/OP AGG $47000,000 OTHER: $ A AUTOMOBILE LIABILITY RAC9439302 2/1/2026 1/1/2027 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY APer accident B UMBRELLA LIAB X OCCUR I PSEX00000145 2/1/2026 1/1/2027 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION RWC3003090 2/1/2026 1/1/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability CXP06579200 2/1/2026 1/1/2027 Occurrence/Aggregate 1,000,000 D Excess Liability 03145654 2/1/2026 1/1/2027 Occurrence/Aggregate 4,000,000 E Excess Liability AECO06061301 2/1/2026 1/1/2027 Occurrence/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) EXCESS LIABILITY: Carrier: Landmark American Ins. Co. NAIC:33138 Policy#: LHA611057 Effective 02/01/2026-01/01/2027 Each Occurrence:$6,000,000 Aggregate:$6,000,000 Monroe County Board of County Commissioners is an Additional Insured on General Liability and Auto Liability as required by written contract with the insured, per policy terms and conditions. T BY- _.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0 DATE(MM/DD/YYYY) ACC)RL> CERTIFICATE OF LIABILITY INSURANCE 01/13/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Vicky Van Wormer NAME: Brown&Brown Insurance Services,Inc. ACCONE Ext: (727)461-6044 (mac,No): (727)442-7695 No,140 Fountain Parkway N E-MAIL Vicky.VanWormer@bbrown.com ADDRESS: Suite 600 INSURER(S)AFFORDING COVERAGE NAIC# St.Petersburg FL 33716 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Corp.KCCS,Inc.,DBA:Campo& INSURER C: Travelers Property Casualty Company of America 25674 201 N Franklin St,Suite 900 INSURER D: Travelers Casualty and Surety Company of America 31194 INSURER E: Tampa FL 33602 INSURER F: COVERAGES CERTIFICATE NUMBER: Master 25-26 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TR INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE FX OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y 630-8254A604 10/01/2025 10/01/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PRO- F-1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 810-5N338364 10/01/2025 10/01/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 C EXCESS LIAB CLAIMS-MADE CUP-7J748484 10/01/2025 10/01/2026 AGGREGATE $ 2,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? N/A UB-7J070308 10/03/2025 10/03/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is an additional insured with respect to general liability&auto liability when required by written contract.Endorsements available upon request. ,p Monroe County,On Call Professional Engineering Contract,KCA#1250214.00 _ 1 14.26 -. WAMP KAk_XyW_-,- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE v Key West FL 33040 ��. -�� „-„ � _, +a a e.0 iV� wN����'f'bm4,..,, ,a� ur�Y�.. �.�,,,, �uv�m. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Campo & Associates, PLLC Doing Business As Campo & Associtates LLC Campo & Associtates, PLLC KCCS, Inc. OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Employee Benefits AGG Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 Ref# Description Coverage Code Form No. Edition Date Rental Reinbursement Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Statutory Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date Underinsured motorist combined single limit UNCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Increased employer's liability INEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc. ACC'`" CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE 1/13/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Edgewood Partners Ins. Center PHONE Greyling COI Specialist FAX 3780 Mansell Rd. Suite 370 A/c No Ext: 770.552.4225 A/c No): Alpharetta GA 30022 AD RIESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Company 24856 INSURED KISICAMP INSURER B: Kisinger Campo&Associates, Corp. 201 N Franklin St Ste 900 INSURER C Tampa FL 33602-5218 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1270957425 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE FIOCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY❑ PRO- F LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO A 1,6KBODILY INJURY(Per person) $ OWNED SCHEDULED My BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS 1.14.26 HIRED NON-OWNED a PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY WARM, _ ,. Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ H OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional/Pollution Liability Y E000002720512 10/1/2025 10/1/2026 Per Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County,On Call Professional Engineering Services Contract/KCA#1250214.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 iimir '"""hmmr. � lU il way Nau ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT I TO,THE CONTRACT FOR CONSTRUCTION SERVICES BETWEEN MONROE COUNTY BOCC AND GENERAL ASPHALT CO,, LLC FOR.CARD SOUND ROAD A,T TUBBY'S CREEK BRIDGE#904982 447769-1 PROJECT THI-SAME NDIVIENT 1 to,the,CONTRACT Is entered Into this 22ndday of4anuary 20126, between Monroe County, whose address is 111100 Simonton Street, Room,2-2116 Key West, Florida 33040,1 hereafter the ':'COUNTY"' and General Asphalt Co. LLC, whose ad&ess is 48510 NW 7211d' Avenue, Miami, FL 331I66,, hereafter referred to as 'CONTRACTOR". WHEREAS) on the 16th day of October 2026, the parties executed a contract authorizing the Contractor to perform Construction Services for the Card Sound Road at Tubby s Creek Bridbe#9049� 2 Project,for an estimated not to exceed amount of$151,574,,085.104* and WHEREAS, due to an Inadvertent clerical error,,. Davis-Bacon wage rates from the U.S. Department t-abor for Miami-Dade County were Incorrectly include in Attach mielnt 8whichr will now be corrected by replacing Attachment B to include the correct wage rate table for Morilrole County at the time of contract execution; and N �ratilon ofthe,mutual promises contai inn d herein, the COUNTY and CONTRACTOR OWTHEREFORE, in consi"de agreeto,amend the agreement as,follows: 1. Amenid Attachtnent B-DaAs 13=on Wage Rate toreplace'"'th Attachment B, Davi's Bacon W'age Rates, (rev'lised) which provides the wage rates for Monroe County. This 'is a no: cost amendment tothe: odiginal contract. 2. is AMENDMENTI is effective January, 22 12026, 3. In all other respects, the Contract aPproved,October,15,2025,by the B100O3 rema ins ire,full force and effect. In'WITNESS'WHEREOF,each party hereto has caused this contract to be executed by Its dully aullhorIzed representative. Remainder oflPage, Left'tire tent'llonal1y Blank BOARD OF COUNTY COMMISSIONERS OF General Asphalt Co. L.L. MONROE COUNTYI FLORIDA Contractor "'00000,000f 110le 1000e-000"'o 00� 00e 01 00" BY* BY': Mayor/Chairman TITLE: Ice The foregoing instrument was subscribed and sworn,jo,o"O(pr affirmed)before me, by�means of physicalO presence or L7 onlihe (SEAL) 04 Attest.- KEVIN MADOX, Clerk, this day of an. 20-23, by 1,eo ez............................................................ BY: Who is,(ij"personally known to me, As Deputy Clerk or who ,( )produceda,driver's license,as Identification. .............. DATE: N0TA111q1vP, ,UBL1,C,�ft`ATE,,..0FF,t.b 11 A 'Do nk ko'c" 5 ct,i9N c IV%Coz. L MONft%,S Print, type of stamp commissioned name of notary NTY Digitally signed by Christine Hurley Y. Hurl Date:2026.01.22 Bey 14:17:35-0 5'0 0' DANIELSANCHEZ DA OI� E S A=NHE Z )tary,P b -SWO,0 f F 1 10 ft da County Adminilstrator or Designee c NotarYPUblic mmi$j;j 11 5 70025 H commission 4, HIM 570025, M C M 11 s x P it 49S y 0 n,EXP'ifeS MY commissio Date: j U y 1 0, a July 11,20,29 Ratified by,the,Boar'of County Commissioners on 112026. MONROE COUNTY ATIVRNEY APPROVED AS TO FORM CHRISTWE UMSERT-EMROWS SR,ASSJSTANT�Off ATTORNEY 0ATE,: 2 Attachment B: Davis Bacon Wgge Rates (revised) "General Decision Number: FL202,5023�8 01/0�3/20,25 superseded Geinerail Decisi"on Number: FL20124023181 State:" Florida Construction Type,-. Highway ,Counties,,.# Die Soto, Glades, Hardee,, H:enidry,,, Monroe and Okeechobee Counties in Florida, HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to, the Davis-Bacon Act are generally required 'to pay at least the applicable nijinimum wage rate required un Executive Order 14026 or Executive Order 13658, Please note that these executive Orders, apply, to covered contracts len�tered into by the federal, government that,, are subject, to the Davis-bacon Act itself, but do, not, apply to, contracts subject only to the Davis—Bacon Related Acts,, including those set, forth at 29 CF'R, SA(a)(1). 11f 'the contract "is entered Executive Order 14026 linfo on or after Jainuary 30,, generally applies to the, 12,022, or the contract "is contract. irenewed or, extended (e.g., an, The contractor must pia y option is exercisled) on or all covered' workers at l ,22: least $17.75 per hour (or a fte r Ja nuary 3,0,, 2,0 1 the applicable wage, rate listed on this wage, determination,, 'if it 'is, higher) for, all hours spent performing on the contract in 2025. jif the contract was, awarded onj Executive Order 13658 j nn between January 2,, 2015 and generally, applies to the 1january 29, 201,22,, and the contract contract is not renew led or The contractor must pq al' Y 11 extended on or, after January covered workers at least 13e,) 2022,110 $13.30 per hour (or the appl,icable wage rate listed' on this, wage {de terminat ilon, if it is, higher) for all hours performing, on 'that j contract in 2025. The dica,blel Executive Order minimum wage rate will be adjusted annuaillyi, If this contract i,s coverel y one of' 'the Executive, riders and a classil"ficaltion clonsidered necessary for performance of work on the contract does not appear on this, w,a ge I dieterm nationi, he, contractor must still, submit a conformance request Additional information on contractor requirements and worker, protections under the Executive Orders 'is, avai'Llable, at http, //www.do,l. whdl/``g,o�vc in racts. Mod:11f ication NumberTM Pubilikation Date 0 01/03/2025 FLU 2,12- 27 2 2 Rates Fri es CARPENTER,INoI ��� � � � . . � � � ��� � � . � 15,61 CEMENT' MASON/CONCRETE FINISHER. IN 20.00 e IN.82 E LECTRICIAN .1,3 3.31 LABORER: Asphalt, Includes Raker, Shoveler., Spreader and s It A u t L .A..# iA 111 41, 1 A 16 111 6 #4,A SIN.i IN 0.0 i'a dF a . . 00 LABORS : Common oIr General.... .. 14"10 01.00 L ' ERJ*O 0.70 LABORER: Grade Checker. . . .. ..,.. . .$ 14,167 OPERATOR, OP E RA TOR:,: Bobc /Skids Steer/Skid Loader,11. 0 440, 16*10 *0$ 17.19, 1.45 OPERATORSBroom/Sweeper 4 6 OPERATOR B ll zer.. . . . ,, . . . 15.191 0.00 OPERATOR: Cranet 0 1 1 .01 0 4 6 4 .IN 6 M 2,, 1 00 E RAT OR: Grader/Blade. OPERATOR: Loader,. w ,63: 11 09 OPERATOR Milling Machine, .22, OPERATOR Paver (Asphalt, Aggregate.,. and Concrete). 16.511 01100 OPERATOR: l l e r, 1 .31 0.00 OP Awe 4 Screed., EMI 0 1' 2 word TRAFFIC CONTROL PE SOS;W, . . I « 4 IN 0$ 15.0�0, 0.64 TRUCK DRIVER.#, Dump Truck N. o . ,IN IN I., ' is.819 3.75 TRUCK DRIVER: Law r uc . .N . . , 20#99 0195, TRUCK DRIVE f1 Water Truek. . A.. . 3 17,87 0, TRUCK DRIVER. Distributor IMF X11A m m NAP m NIIP AAA MINI No MA 4W IMI IMF..4"MR mp M xx III Rv,PW 00 01 to$0 00 ar,..r M m w!m R@,pow Ns NiE40 NW1 ir.M r,M iI A IMP dt A&go-WELDERS i. N ve rate prescribed for craft performing operation to which welding is, incidental. Workers 'in, this classification may be entitled' 'to a higher minimum wage under Executive Order 14,026, ($17.75) or 1,3658 ($1330). Please see the Note at the top of the wage determination for, more information. Please also note ghat the minimum wage requirements of Executive Order 14026 are, not curriently beling enforced as to any contract it subcontract to which the states of Texas., Louisiana., or Misslissippi,, including their agencies, are a party., Note,,, Executive Order (EO) 13706, Establishing as Sick Leave for Fede,ral Contractors appliles, 'to all contracts subject to the Davisi-Bacon Act for which the contract is awarded (and any, solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO,, the contractor, must provide, employees with I hour, of paid sick leave for every 30 hours they, work,, up, to 56 hours, of paid sick leave each year,. Employees, must be permitted to use paid sick leave for, their own illness In juiry or of health related needs,, including preventi've care,, to assist a family member it person who 'I's like family to the employee) who is ill, 'injured, or, has other health-related needs,, including preventive cairle, or for reasons resulting from, or to assist a family member or person who isi like family to the employee) who is, a victim of, domestic violence., sexual assault, or stalking. Additional information on contractor requirements and worker protections, under the EO is available at https:/'/www.dol.g,ov/age,ncies/'whd/gov,ernml,,ent-contracts. Unlisted classifliLcations needed for work not included w'l't hi n the scope of' the classifications listed may be added after award only as provided in the labor standards contract clauses, 1(2,9CIFR 5,5 (a), (1) (iii))IN The body of each wage, determination list's the classifications ,and wage rates 'that have been found to be prevailing for the type(s) of cons uiction a�nd geographic airea covered by the wage determination. The classificat'Ions are, listed in alphabetical order under rate identifiers indicating whether the particular rate is a un on rate (current union, negotiated rate), a survey r, ,, a weighted union average, rate, a state, adopted rate, or, a su ,ental, classification rate., Union Rate Ideners A four-letter identifier beg,inning with, characters other than #0:10 SU '"UAVG"", ?S,,A?, or '?SC? denotes that a union rate was p Jlln re x g for that classification in the siu�rvey. Example PLUM0198-005 07/01/20,24., PLUM is an identifier of the, union whose collectively bargained rate prevailed' 'in the survey for this classification, which in this example, would be Plumbers, 0198 indicates the local union number or district council, number where applicable, i.e., Plumbers, Local ., The next number, 005 in the example, is an internal n�umbeir used in processing the wage detierminat'Ion. The date,,, 07/01/2024 in the example, is the effective, date of the most current negotiated rate, Union ire vailli'ng wage rates are updated to reflect all changles, over time that wire reported to WHD in the rates In the, collective bargaining agreement (CBS) governing the classif ication Union, Average Rate, Identifiers The UAVG identifier indicates that no slingle rate prevailled for 'those classifications,, but that 1,00% of the data reported for the classifications reflected union rates. EXAMPLE1. UAVG-1OH-0010 0,1/01/2024,. UAVG indicates that the rate i,s, a weighted union average rate. OH indiLcates, the State of Ohio. The next number,, 0,010 in the example, s an internal number used 'in producing the wage determination. The date, 01101/2,024 in the example, indiciates the date the wag'e d nat etermiion 'was updated to �reflect the most current union average rate A UAVG rate wi U be updated once, a year, usually in January., to reflect a wielighted average, of the current, rates in the collective bargaining agreements on whichi the rate, is basedA Survey Riate I'den':afire The '"'SU" identi"Ifier indicates that. either a single non-union rate prevailed (ass defined in 29 CFR 1.2) for this classification in the survely or, that, the, rate was derived by, computi ighted' avera�ge rate ba�sed' on all the rates re ied 'in the survey for that classlirflicationo As a weighted aVerrage rate, 'includes all rates, reported in the survey, it may include both union and non-u nioln rates. Example: SUFL2022-007 202�40, SUI indicates the rate 'I's a single on union prevailing rate or a weighted aiverage of survey data for that classification., FL indicates the State of Florida. 202,2 is 'the year of the survey an which these classifications and rates, are based. The next number., 007 in, the example, is an internal, 'T date,, n mi umber useld in producing the wage deternation# he, 6/27/2024 in 'the example, indicates the survey, completion date for the classifications and rates under that identifier., ?SU? wage rates typically remain in effect until a new survey conduct di. However, the, Wage, and Hour Dilv,ision NHD) hays the, discretion to update such rates under 29 CFR 1.6(c)(I). State Adopted Rate Identifiers The 11"'SA"" identifiler indicates that tbe classifi,cations and prevailing wage rates set by a state (or local) government were, adopted under 29 C.,F. g),-,(h). Example: SAME2023-007 01/03/2024. SA reflects thgat the rates ire state adopted. ME refers to the State of Maine. 2023 is the year during which 'the ld cl,asi,f ciations, state completed: the survey, on which, the lis-t�e s i and rates are based. The next number,, 0107 in the example, is an, internal number used in producing the wage determination, The date,, 01/03/20,24 in the example, refleets the date on whil ch the classif i cations and rates unider the ?SA?I idientifier took effect under, state lay l in the state, from which the rates were adopted,, WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial der il sion in the matter? This, can be. a) a survey underlying a wage determination b) ain, existing published wage determination c) an init][al WHD letter setting foirtb a position on a wage determination ratter d) an initial conformance (additional classification: and rate) determination on survey related matters,,, JM31tial contact, including requests for summaries of surveys,, should be directed to the WHO Branch of Wage Surveys, Requests, can be submitted via email to dav'lsba�coninf'lo@,do�l.gov or by mail to: Branch of' Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue,. N.WV, Washington,, DC 20210 Regarding any other wags determination matter such as, conformance, de,c3*.,s ns. requests for, initial decisions, should be, directed to the WHD B,ranch of Cons,tructi"on Wage Dieterminat ilons,* Requests can be subm3lttied vi 1,a email to 8CWD-0ff1ce@do1,,gov or by mail 'to: Branch of Construction Wage Determinations Wage, and Hour Division . Department of Labor 200 Constitution Avenue Washington, D,C 202,10 an initial decision has been, issued, then any interested party (Ooseaffected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator ('See 29, CFR, Part 1.8 and 29 CFI Part 7). Requests for, review and reconsideration can be submitted via email to dba.rec,onsiderat'3"Lon@dol, . r by m,ail to. Wage and Hour Administrator U.S. Department of' Labor 200 Constiltution Avenu�e, No W01 Washilngton, DEC 20210 he The, request should be accompanied by a full statement of t,.,.;, ,interested party's position and any information (wag�e Payment data, project descril,ption., area practice materidal., etc.), that the requester considers relevant to the issue., 3) If the decision of the Administrator is, not favorable, an interested party, may appeal directly to the, Administrative, R,evieW' Board (formierly the Wage Appeals Board). kril,te to. Administrative Review Board U,S,,. Department of Labor 200 Constitution Avenue, N#Wo Washington,,. DC 2,02110. END OF GENERAL, DECISION11111