Item #04 Approval of Public Works Site Access Improvements
Meeting Date: February 16, 2010
Item # L\-
Contact Name:
Contact Number:
Stephen C. Krug
6002
Reviewed By:
Department Director:
City Manager:
Subject: Public Works Site Access Improvements.
Background Summary:
Site Access Improvements for the Public Works facility were funded in previous budget years and carried
forward. The access improvements completed to date have included fencing the entrance road leading
to the Public Works building and installing the underground conduit for the automated gate and access
system that will operate off of the same access system used at the Police Station and Utilities facilities.
The next phase of the improvements is to resurface the access road to allow the in-pavement vehicle
detectors to be installed. The vehicle detectors are part of the gate system purchase order previously
issued by the City.
The total cost of the milling, resurfacing and extra depth base repair to facilitate the installation of the
vehicle detectors is $26,861.20 based on the proposal from The Middlesex Corporation which will piggy
back off of the Seminole County Term Contract for Pavement Management Program, IFB-600562-
09/GMG. Public Works solicited quotes from other vendors, however the quote from The Middlesex
Corporation was the lowest. Public Works recommends awarding a not to exceed amount of $28,000.00
to cover any unforeseen additions to this work.
Issue:
Request the City Commission to approve the resurfacing of the Public Works facility entrance road as
part of the site access improvements with The Middlesex Corporation.
Recommendations
Recommend approval of the milling, resurfacing and extra depth base repair to facilitate the installation
of the vehicle detectors as part of the Public Works Site Access Improvements with The Middlesex
Corporation for a not to exceed amount of $28,000.00, based on the Seminole County Term Contract for
Pavement Management Program, IFB-600562-09/GMG.
Attachments:
Proposal from The Middlesex Corporation.
Seminole County Term Contract for Pavement Management Program, IFB-600562-09/GMG
Financial Impact:
The $28,000.00 is adequately funded in the Public Works Site Access Improvements CIP budget.
Type of Item: (please marl< with an "x'j
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
For Clerl<'s Deot Use:
_ Consent Agenda
_ Public Hearing
Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
~~
N/A
N/A
N/A
2
Estimate #: 11239
Submitted To: City Of Ocoee
Address: 301 Maguire Road
Ocoee, F~ 34761
Date:
Phone:
Job Name:
Job Location:
Prop.. Owned By:
2/9/2010
(407)905-3170 Fax: (407)905-3176
City Of Ocoee Office Complex
Ocoee,FL
Site
Contact:
Ken Bruce
1.. ASPHALT PAVING - Asphalt Paving 1 II S-3 (R) area of approx 2,200 Sq.Yards, wOIk to include: (All
Prep for paving by others, other than stated herein), sweeping, application of tack cClat, installation of 1 II of
Type S asphalt in 1 cowse(s). (The. approximate tonnage required to perfOlm the work in this item is 127..)
$75..80/TN
$9,626.60
2. ASPHALl PAVING - Asphalt Base 4" 8-1 (R) area of appro x 550 SqYards, work to include: (All Prep
for paving by others, other than stated herein), sweeping, application of tack coat, installation of 4" of Type
S asphalt in 1 cOUIse(s). (lhe approximate tonnage required to perform the wOIk in this item is 137.)
Please Note: * Contiact that was used is the Seminole County Contract IFB-600562-09/GMG.
$75..80rrN
$10,38460
3.. MILLING 4" - Parking Lot & Roadway area, work to include: Clean up and leaving milled material on site.
$6,850,,00
ACCEPTED:
CONFIRMED:
The Middlesex Corporation
Authorized c:\ ~
Signature .-' ~
Title John Guem~[e. Estimator/Project Manaqer
The above prices spedfications and condllions are satisfactory and are h~reby accepted
Buyer
Signature
Date of Acceptance
10801 Cosmonaut Blvd., Orlando, FL 32824. Tel: 407-206-0077. Fax: 407-206-3559
COMMITTED to SAFETY AND QUALITY
I
I
i
I
I
I
\
\
I
I
I
I
Estimate #: 11239
fsubmitted To:
I Address:
I Contact:
I
Ken Bruce
Date: 2/9/2010
Phone: (407)905-3170 Fax: (407)905-3176
Job Name: City Of Oeoee Office Complex
Job Location: Oeoee, FL
Prop. Owned By: Site
The total bid price is: $26,861.20
City Of Oeaee
301 Maguire Road
Oeoee, FL 34761
Special Notes:
. All asphalt and fuel escalations paid to the contractor by FOOT or other Owner, for the asphalt paving shall be passed on to The
Middlesex Corporation
. All of the above prices are based on the use of standard AC (liquid asphalt) binder in the production of the hot-mix asphalt, per FDOT
Standards for AC-20/AC-30, unless the item is specifically noted otherwise. If a special additive is required, such as ground-tire
rubber (GTR) or modified binder (PG 76-22), lhen this must be communicated to TMC for inclusion in this cost proposal If such
special additive is not specifically noted in TMC proposal, then it is not included in this cost proposal.
. The Milling item(s) of work is based on all being performed at the same time in a single mobilization If additional milling mobilizations
are required then an additional $1,500 will be charged for each extra
. This Estimate/Proposal is contingent upon Acceptance of this Proposal or issuance of an agreeable Subcontract which shall include
the provisions of this Proposal will supercede any other provisions of the Subcontract This Estimate must be Accepted or a
Subcontract must be executed prior to any work being performed on this project
. All of the above prices are based on the use of RAP (Recycled Asphalt) in the production of the hot-mix asphalt per FDOT
Standards, unless item of work is noted otherwise to specifically include virgin materials only Friction Courses are quoted per the
current FDOTspecifications, which allows the use of RAP in production
. The Middlesex Corporation must have at least 3 weeks advance notice in order to better assure timely scheduling of the work required
for each mobilization/phase of paving.
. This is a UNIT PRICE proposal
. The Contractor is to provide a clean water source within reasonable access of the project for The Middlesex Corporation's use to
maintain operation of the rollers broom, milling machine, and any other equipment, as needed
. The pay item for milling incudes the trucking, cleanup and disposal of milled material All milled material becomes the property of THE
MIDDLESEX CORPORATION Milling shall be accessible by main line milling machine Will not be responsible for turnouts,
driveways and other areas not accessible by main line milling machine
. THE MIDDLESEX CORPORATION will provide trucking for hauling off and disposal (at our asphalt plant) of reasonably sized clean
chunked asphalt material Trucks will only be provided as back-haul during paving operations and will be at TMC's discretion
. The Middlesex Corporation will not be responsible for any miscellaneous concrete damage caused by paving equipment or trucks that
must be traveled over to access paving areas This includes valley gutters and concrete or brick pavers that are constructed prior to
paving
. If payment and performance bond is required add 1.5% to the contract price Minimum Cost $ 500 00
. This Proposal is based on quantities supplied by the contractor The quantites in this proposal will be the MINIMUM quantities BILLED
and the unit prices will apply to any overrun.
. This proposal is furnished as a complete scope of work as defined above and shall be contracted to THE MIDDLESEX
CORPORATION in its entirety Individual line items cannot be removed unless specific changes are approved by THE MIDDLESEX
CORPORATION
. The Middlesex Corporation will not be responsible for for any puddling on any areas where the grades are a 1-1/2% or less slope on
plans or in the field conditions The Middlesex Coporation will not be responsible to notify customers of any conditions that exist that
would present this problem If there are puddles that arise from these conditions none of The Middlesex Corporation's monies will be
withheld and ~ will not be the responsibility ofT he Middlesex Corporation to repair this situation unless all monies are paid to The
Middlesex Corporation and a signed change order is issued to The Middlesex Corporation for this work
. Due to existing grades and conditions, we can not be responsible for 100% drainage of surface water following resurfacing.
ACCEPTED: CONFtRMED: - I
The above prices specifications and conditions are satisfactory and are hereby accepted The Middlesex Corporation ,
\ :::,re __I. ~~~~~~~~~-_..- _",_d___' .-- I
L"''' of A"""""':::=.====.-L T'", John Guemple, Estimator/pro;ect ManageL-... ..j
Contact:
Ken Bruee
Date:
Phone:
Job Name:
Job Location:
Prop. Owned By:
Estimate #: 11239
2/9/2010 \
(407)905-3170 Fax: (407)905-3176
City Of Oeoee Office Complex I
Oeoee, FL
Site _ ___~
Submitted To:
Address:
City Of Geaee
301 Maguire Road
Geeee, FL 34761
* The Middlesex Corporation will not be responsible for tack or prime on adjacent roadways due to normal paving operations
. Testing and/or inspection if required. shall be conducted by others and is not included in this proposal Any fees that may be
associated with this effort are specifically excluded from this proposal
* Thicknesses quoted are "Nominal" thicknesses per F DOT specs
. Work is to be done during normal business hours Monday - Friday (7 AM . 5 PM), or Sunday night through Thursday night (per lane
closure restrictions), Any work done outside of these standard work shiftslhours because of GC or contract requirements will be
charged at $1,500.00 per shift
* All prep for paving by others, other than stated herein
* If work is not completed prior to completion date of contract, The Middlesex Corporation may cancel this contract with a 10 day notice
If contract is cancelled The Middlesex Corporation shall not be held liable for any remaining contract work The Middlesex Corporation
shall be entitled to receive final payment for all work performed by us to the date of cancellation within 15 days
TERMS: Payment within ten days of receipt from Owner or 30 days from date of invoice from The Middlesex Corporation, whichever is least
Retainage amount to be same as prime contract from Owner with payment of retainage due within 60 days after completion of the work by
The Middlesex Corporation.
ESTIMATE EXPIRATION: This estimate is valid for 30 days
COMPLETION DATE OF THIS CONTRACT WILL BE: 3/31/2010
MOBILIZATIONS: Price based on a 1 mobilization(s) Any additional mobilizations that may become necessary will be $250000 per mobilization
SALES TAX: Prices include the applicable Florida sales tax on materials and other related taxable items to be used on this project.
. - --'''-l
I
CONFIRMED:
The Middlesex Corporation
Authorized
Signature
ACCEPTED:
The above prices specifications and condiflons are satisfactory and BrB hereby accepted
Buyer __ n
Signature
Date of Acceptance
Title John Guemple, Estimator/Project ManaQer
TERM CONTRACT FOR. PAVEMENT MANAGEMENT PROGRAM
(IFB-600562-09/GMG)
THIS AGREEMENT
~
is made and entered into this
oZ3
day of
2od!f-, by and between THE MIDDLESEX CORPORATION,
duly authorized to conduct business in the State of Florida, whose
address is One Spectacle Pond Road, Littleton, Massachusetts 01460,
hereinafter called "CONTRACTOR", and SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 East First Street, Sanford, Florida 32771,
hereinafter called "COUNTY".
WIT N E SSE T H:
WHEREAS, COUNTY desires to retain the services of a competent and
qualified contractor to provide road construction materials and services
for Seminole CountYi and
WHEREAS, COUNTY has requeste~~.~ received expressions of interest
for the retention of services of ~~ctorsi and
WHEREAS, CONTRACTOR is competent and qualified to provide road
construction materials and services for COUNTY and desires to provide
services according to the terms and conditions stated herein,
NOW, THEREFORE, in consideration of the mutual understandings and
covenants set forth herein, COUNTY and CONTRACTOR agree as follows:
SECTION 1. SERVICES.
(a)
COUNTY
does
hereby
retain
CONTRACTOR
to
furnish
materials/services as further described in the Scope of Services
attached hereto as Exhibit A and made a part hereof. CONTRACTOR shall
also be bound by all requirements as contained in the solicitation
package and all addenda thereto.
Required materials/services shall be
specifically enumerated, described and depicted in the Purchase Orders
authorizing purchase of specific materials/services.
Thi s Agreemen t
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 1 of 18
BY
standing alone does not authorize the purchase of materials or require
COUNTY to place any orders for work.
(b) At the time of any specific work, the COUNTY will obtain cost
proposal from the multiple Contractors.
The successful CONTRACTOR for
that specific work shall provide Performance Bond, Payment Bond and
Workmanship Bond, if work exceeds TWO HUNDRED THOUSAND AND NO/IOO
DOLLARS ($200,000.00). The Bonds shall equal one hundred percent (100%)
of the work amount.
SECTION 2. TERM. This Agreement shall take effect on the date of
its execution by COUNTY and shall run for a period of three (3) years.
At the sole option of COUNTY, this Agreement may be renewed for two (2)
successive periods not to exceed one (1) year each.
Expiration of the
term of this Agreement shall have no effect upon Purchase Orders issued
pursuant to this Agreement and prior to the expiration date.
~.
Obligations entered therein by botik ~~rties shall remain in effect until
,. \ I l \ .
'<::;7 , "="
delivery and acceptance of the milferials/services authorized by the
Purchase Order.
SECTION 3.
AUTHORIZATION FOR SERVICES.
Authorization for
provision of materials/services by CONTRACTOR under this Agreement shall
be in the form of written Purchase Orders issued and executed by COUNTY
and signed by CONTRACTOR. A sample Purchase Order is attached hereto as
Exhibit B. Each Purchase Order shall describe the materials/services
required and shall state the dates for delivery of materials/services
and establ~sh the amount and method of payment.
The Purchase Orders
will be issued under and shall incorporate the terms of this. Agreement.
COUNTY makes no covenant or promise as to the number of available
Purchase Orders or that CONTRACTOR will perform any Purchase Order for
COUNTY during the life of this Agreement. COUNTY reserves the right to
contract with other parties for the services contemplated by this Agree-
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 2 of 18
ment when it is determined by COUNTY to be in the best interest of
COUNTY to do so.
SECTION 4.
TIME FOR COMPLETION.
The materials/services to be
provided by CONTRACTOR shall be delivered, as specified in such Purchase
Orders as may be issued hereunder, within the time specified therein.
SECTION 5.
COMPENSATION. COUNTY agrees to compensate CONTRACTOR
for the professional services called for under this Agreement on a Fixed
Fee basis. When a Purchase Order is issued for a Fixed Fee basis, then
the applicable Purchase Order Fixed Fee amount shall include any and all
reimbursable expenses.
SECTION 6. PAYMENT AND BILLING.
(a) CONTRACTOR shall supply all materials/services required by
the Purchase Order; but in no event shall CONTRACTOR be paid more than
th~ negotiated Fixed Fee amount stated within each Purchase Order.
._...~"
(b) For Purchase Orders i~~u~4\on a Fixed Fee basis, CONTRACTOR
dA~) .
may invoice the amount due based on the percentage of total Purchase
Order materials/services actually providedi but in no event shall the
invoice amount exceed a percentage of the Fixed Fee amount equal to a
percentage of the total services actually completed.
(c) Payments shall be made by COUNTY to CONTRACTOR when requested
as materials/services are furnished but not more than once monthly.
Each Purchase Order shall be invoiced separately. At the close of each
calendar month, CONTRACTOR shall render to COUNTY an itemized invoice,
properly dated, describing any materials/services provided, the cost of
the materials/services therein, the name and address of CONTRACTOR,
Purchase Order Number, Contract Number and any other information
required by this Agreement.
The original invoice and one (1) copy shall be sent to:
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 3 of 18
Director of County Finance
Seminole County Board of County Commissioners
Post Office Box 8080
Sanford, Florida 32772
Two (2) copies of the invoice shall be sent to:
Public Works
500 W. Lake Mary Blvd., Suite 200
Sanford, Florida 32773
(d) Payment shall be made after review and approval by COUNTY
within thirty (30) days of receipt of a proper invoice from CONTRACTOR.
SECTION 7. GENERAL TERMS OF PAYMENT AND BILLING.
(a) Upon satisfactory delivery of materials/services required
hereunder and upon acceptance of the materials/services by COUNTY,
CONTRACTOR may invoice COUNTY for the full amount of compensation
provided for under the terms of this Agreement less any amount already
paid by COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of
receipt of proper invoice. ;\"'"'!"":I-,
l\ ! '.
(b) COUNTY may perform or ~~~erformed an audit of the records
of CONTRACTOR after final payment to support final payment hereunder.
This audit would be performed at a time mutually agreeable to CONTRACTOR
and COUNTY subsequent to the close of the final fiscal period in which
the last materials/services are provided.
Total compensation to
. CONTRACTOR may be determined subsequent. to an audit as provided for
herein and the total compensation so determined shall be used to
calculate final payment to CONTRACTOR. Conduct of this audit shall not
delay final payment as provided by subsection (a) of this Section.
(cl CONTRACTOR agrees to maintain all books, documents, papers,
accounting records and other evidence pertaining to materials/services
provided under this Agreement in such a manner as will readily conform
to the terms of this Agreement and to make such materials/services
available at CONTRACTOR I s office at all reasonable times during the
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
'Page 4 of 18
Agreement period and for five (5) years from the date of final payment
under the contract for audit or inspection as provided for in subsection
(b) of this Section.
(d) In the event any audit or inspection conducted after final
payment but within the period provided in paragraph (c) of this Section
reveals any overpayment by COUNTY under the terms of the Agreement,
CONTRACTOR shall refund such overpayment to COUNTY wi thin thirty (30)
days of notice by COUNTY.
SECTION 8 .
RESPONSIBILITIES OF CONTRACTOR.
Neither COUNTY's
review, approval or acceptance of, nor payment for any of the
materials/services required shall be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
CONTRACTOR shall be and always
all damages to COUNTY
in accordance with applicable law
-..-(.,...~. .
caused bY.. ~~~TRACTO.R r s negligent
~;.~
the mater~ls/services furnished
for any and
remain liable to COUNTY
or wrongful
provision of any of
under this
Agreement.
SECTION 9. TERMINATION.
(a) COUNTY may, by written notice to CONTRACTOR terminate this
Agreement or any Purchase Order issued hereunder, in whole or in part,
at any time, either for COUNTY's convenience or because of the failure
of CONTRACTOR to fulfill its Agreement obligations.
Upon receipt of
such notice, CONTRACTOR shall immediately discontinue all services
affected, unless the notice directs otherwise, and deliver to COUNTY all
data, drawings, specifications f reports, estimates, sununaries and any
and all such other information and materials/services of whatever type
or nature as may have been accumulated by CONTRACTOR in performing this
Agreement, whether completed or in process.
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 5 of 18
(b) If the termination is for the convenience of COUNTY,
CONTRACTOR shall be paid compensation for services performed to the date
of termination.
(c) If the termination is due to the failure of CONTRACTOR to
fulfill its Agreement obligations, COUNTY may take over the work and
prosecute the same to completion by other agreements or otherwise. In
such case, CONTRACTOR shall be liable to COUNTY for all reasonable
additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be
liable for such additional costs if the failure to perform the Agreement
arises without any fault or negligence of CONTRACTOR; provided, however,
that CONTRACTOR shall be responsible and liable for the actions of its
subcontractors, agents, employees and persons and entities of a similar
type or nature. Such causes may include acts of God or of the public
enemy, acts of COUNTY in its sovereign or contractual capacity, fires,
floods, epi'demics, quarantine
....Ar.......... '
resftFio,tions, strikes, freight embargoes,
I \ ! !, \
'C" !:,., "<;;;'
but ffi every case the failure to perform
and unusually severe weather;
must be beyond the control and without any fault or negligence of
CONTRACTOR.
(d) If after notice of termination for failure to fulfill its
Agreement obligations it is' determined that CONTRACTOR had not so
failed, the termination shall be conclusively deemed to have been
effected for the convenience of COUNTY.
In such event, adjustment in
the Agreement price shall be made as provided in subsection (b) of'this
Section.
(e) The rights and remedies of COUNTY provided for in this
Section are in addition and supplemental to any and all other rights and
remedies provided by law or under this Agreement.
SECTION 10.
AGREEMENT AND PURCHASE ORDER IN CONFLICT.
Whenever
the terms of this Agreement conflict with any Purchase Order issued
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 6 of 18
pursuant to it, this Agreement shall prevail.
SECTION 11. EQUAL OPPORTUNITY EMPLOYMENT. CONTRACTOR agrees that
it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color,
religion, sex, age, disability or national origin and will take steps to
ensure that applicants are employed and employees are treated during
employment without regard to race,
color,
religion,
sex,
age,
disability, or national origin.
This provision shall include, but not
be limited to the following:
employment, upgrading, demotion or
transfer, recruitment advertising, layoff or termination, rates of pay
or other forms of compensation and selection for training including
apprenticeship-
SECTION 12. NO CONTINGENT FEES.
CONTRACTOR warrants that it has
not employed or retained any company or person other than a bona fide
L.
,-"I. -__
employee working solely for CON,TRA<:\TOR to solicit or secure this
. 'l' \
Agreement and that it has not pai~gr~greed to pay any person, company,
corporation, individual or firm other than a bona fide employee working
solely for CONTRACTOR,' any fee, commission, percentage, gift or other
consideration contingent upon or resulting from award or making of this
Agreement.
For the breach or violation of this provision, COUNTY shall
have the right to terminate the Agreement at its sole discretion,
without liability and to deduct from the Agreement price or otherwise
recover the full amount of such fee, commission, percentage, gift or
consideration.
SECTION 13. CONFLICT OF INTEREST_
(a) CONTRACTOR agrees that it will not contract for or accept
employment for the performance of any work or service with any
individual, business, corporation or government unit that would create a
conflict of interest in the performance of its obligations pursuant to
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 7 of 18
this Agreement with COUNTY.
(b) CONTRACTOR agrees that it will neither take any action nor
engage in any conduct that would cause any CbUNTY employee to violate
the provisions of Chapter 112, Florida Statutes, relating to ethics in
government.
(c) In the event that CONTRACTOR causes or in any way promotes or
encourages a COUNTY officer, employee or agent to violate Chapter 112,
Florida Statutes, COUNTY shall have the right to terminate this
Agreement.
SECTION 14. ASSIGNMENT.
This Agreement, or any interest herein,
shall not be assigned, transferred, or otherwise encumbered under any
circumstances by the parties hereto without prior written consent of the
other party and in such cases only by a document of equal digni ty
herewith.
SECTION 15.
. .rt!'.~_.~
SUBCONTRACTORS ./,\f.rrj\ the event that CONTRACTOR, . during
~r6>
work under this4tgreement, requires the services of
the course of the
subcontractors or other professional associates in connection with
services covered by this Agreement, CONTRACTOR must first secure the
prior express written approval of COUNTY.
If subcontrac'tors or other
professional associates are required in c'onnection with the services
covered by this Agreement, CONTRACTOR shall. remain fully responsible for
the services of subcontractors or other professional associates.
SECTION 16. INDEMNIFICATION OF COUNTY. CONTRACTOR agrees to hold
harmless and indemnify COUNTY and its commissioners, officers, employees
and agents against any and all claims, losses, damages or lawsuits for
damages arising from, allegedly arising from or related to the provision
of services hereunder by CONTRACTOR.
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 8 of 18
SECTION 17. INSURANCE.
(a)
GENERAL.
CONTRACTOR shall, at its own cost, procure the
insurance required under this Section.
(1) Prior to commencement of work pursuant to this
Agreement, CONTRACTOR shall furnish COUNTY with a Certificate of
Insurance signed by an authorized representative of the insurer
evidencing
the
insurance
required
by
this
Section
(Workers'
Compensation/Employer's Liability, Commercial General Liability, and
Business Auto).. COUNTY and its officials,. officers. and employees shall
be named additional insured under the Commercial General Liability
Policy. The Certificate of Insurance shall provide that COUNTY shall be
given not less than thirty (30) days written notice prior to the
cancellation or restriction of coverage. until such time as the
insurance is no loI:lger required to be maintained by CONTRACTOR,
.. ../'';-'-_.
CONTRACTOR shall provide COUNt''' I ,iJli th a renewal or replacement
~ . \.
Certificate of Insurance not 1~"S'<;:7 than thirty (30) days before
expiration or replacement of the insurance for which a previous
certificate has been provided.
(2) The Certificate shall contain a statement that it is
being provided in accordance with the Agreement and that the insurance
is in full compliance with the requirements of the Agreement.
In l.ieu
of the statement on the Certificate, CONTRACTOR will at the option of
COUNTY submit a sworn,
notarized statement from an authorized
representative of the insurer that the Certificate is being provided in
accordance with the Agreement and that the insurance is in full
compliance with the requirements of the Agreement.
(3) In addition to providing the Certificate or Insurance I
if required by COUNTY, CONTRACTOR shall ',.'~.thi!1 thirty (30) days after
receipt of the request provide COUNTY with a certified copy of each of
Pavement Management Program
The Middlesex corporation
IFB-600562-09/GMG
Page 9 of 18
the policies of insurance providing the coverage required by this
Section.
(4) Neither approval by COUNTY nor failure to disapprove
the insurance furnished by CONTRACTOR shall relieve CONTRACTOR of its
full responsibility .for performance of any obl~gation including
CONTRACTOR indemnification of COUNTY under this Agreement.
(b)
INSURANCE
COMPANY
REQUIREMENTS.
Insurance
companies
providing the insurance under this Agreement must meet the following
requirements:
(1 )
Companies
issuing
policies
other
than
Workers'
Compensation must. be authorized to conduct business in the State of
Florida and prove same by maintaining Certificates of Authority issued
to the companies by the Department of Insurance of the State of Florida.
Policies for Workers' Compensation may be issued by companies
I
authorized as a group self-in~I~ by Section 624.4621, Florida
Statutes.
(2) In addition, such companies other than those authorized
by Section 624.4621, Florida Statutes, shall have and maintain a Best's
Rating of "A-" or better and a Financial Size Category of "VII" or
better according to A.M. Best Company.
(3) If during the period which an insurance company is
providing the insurance coverage required by this Agreement, an
insurance company shall:
(i) lose its Certificate of Authority, (ii) no
longer comply with Section 624.4621, Florida Statutes, or (iii) fail to
maintain the requisite Best's Rating and Financial Size Category,
CONTRACTOR shall, as soon as CONTRACTOR has knowledge of any such
circumstance, immediately notify COUNTY and immediately replace the
insurance coverage provided by the insurance company with a different
insurance company meeting the requirements of this Agreement.
Until
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 10 of 18
such time as CONTRACTOR has replaced the unacceptable insurer with an
insurer acceptable to COUNTY CONTRACTOR shall be deemed to be in default
of this Agreement.
(c)
SPECIFICATIONS.
without
limiting
any
of
the
other
obligations or liability of CONTRACTOR, CONTRACTOR shall, at its sole
expense, procure, maintain, and keep in force amounts and types of
insurance conforming to the minimum requirements set forth in this
subsection.
Except as otherwise specified in the Agreement, the
insurance shall become effective prior to the commencement of work by
CONTRACTOR and shall be maintained in force until the Agr-eement
"
completion date.
The amounts and types of insurance shall conform to
the following minimum requirements.
(1) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR's insurance shall cover CONTRACTOR for
...~.
liability which would be covered ~1lSe latest edition of the standard
Workers' Compensation Policy as fil~ar for use in Florida by the National
Council on Compensation Insurance, without restrictive endorsements.
CONTRACTOR will also be responsible for procuring proper proof of
coverage from its subcontractors of every tier for liability which is a
result of a Workers' Compensation injury to the subcontractor's
employees.
The minimum required limits to be provided by both
CONTRACTOR and its subcontractors are outlined in subsection (c) below.
In addition to coverage. for the Florida Workers' Compensation Act,
where appropriate, coverage is to be included for the United States
Longshoremen and Harbor Workers' Compensation Act, Federal Employers'
Liability Act, and any other applicable Federal or State law.
(B) Subject to the restrictions of coverage found in
the standard Workers' Compensation Policy, there shall be no maximum
limit on the amount of coverage for liability imposed by the Florida
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 11 of 18
Workers' Compensation Act, the united States Longshoremen's and Harbor
Workers' Compensation Act or any other coverage customarily insured
under Part One of the standard Workers' Compensation Policy.
(C) The minimum amount of coverage under Part Two of
the standard Workers' Compensation Policy shall be:
$100,000.00
$100,000.00
$100,000.00
(Each Accident)
(Disease-Policy Limit)
(Disease-Each Employee)
(2) Commercial General Liability.
(A) CONTRACTOR's insurance shall cover CONTRACTOR for
those sources of liability which would be covered by the latest edition
of the standard Commercial General Liability Coverage Form (ISO Form CG
00 Ol), as filed for use in the State of Florida by the Insurance
Services Office, without the attachment of restrictive endorsements
other than the elimination of Coverage C, Medical Payment and the
...A'l"o...
elimination of coverage for Fire n~ge Legal Liability.
7 '. , J \
8; ~"7
(B) The minimum ft~its to be maintained by CONTRACTOR
{inclusive of any amounts provided by an Umbrella or Excess policy}
shall be as follows:
LIMITS
Personal & Advertising
Injury Limit
Each Occurrence Limit
Three (3) Times the
Each Occurrence Limit
$300,000.00
$300,000.00
General Aggregate
(3) Business Auto Policy.
(A) CONTRACTOR'S insurance shall cover CONTRACTOR for
those sources of liability which would be covered by Part IV of the
latest edition of the standard Business Auto Policy (ISO Form CA 00 Ol),
as filed for use in the State of Florida by the Insurance Services
Office. 'N'ithout the attachment of restrictive endorsements.
Coverage
shall include owned, non-owned, and hired autos.
pavement Management program
The Middlesex Corporation
IFB-600562-09/GMG
Page 12 of 18
(B) The minimum limits to be maintained by CONTRACTOR
(inclusive of any amounts provided by an Umbrella or Excess policy)
shall be per-accident, combined single limit for bodily injury liability
and property damage liability.
If the coverage is subject to an
aggregate, CONTRACTOR shall maintain separate aggregate limits of
coverage applicable to, claims arising out of or in connection with the
work under this Agreement.
The separate aggregate limits to be
maintained by CONTRACTOR shall be.a minimum of three (3) times the per-
accident limit required and shall apply separately to each policy year
or part thereof.
(C) The minimum amount of coverage under the Business
Auto Policy shall be: LIMITS
Each Occurrence Bodily
Injury and Property Damage
Liability Combined
$300,000.00
(d)
COVERAGE.
The
~,
insura:q!b'~(p\ovided by CONTRACTOR pursuant to
;,..~),"~
on a primary basis and any other insurance or
this Agreement shall apply
self-insurance maintained by COUNTY or COUNTY's officials, officers, or
employees shall be excess of and not contributing with the insurance
provided by or on behalf of CONTRACTOR.
(e)
OCCURRENCE BASIS.
The Workers' Compensation Policy and the
Commercial General Liability required by this Agreement shall be
provided on an occurrence rather than a claims-made basis.
(f)
OBLIGATIONS.
Compliance with the foregoing insurance
requirements shall not relieve CONTRACTOR, its employees, or its agents
of liability from any obligation under a Section or any other portions
of this Agreement. It shall also be the responsibility of CONTRACTOR to
ensure that all of its subcontractors performing services under this
Agreement are in compliance with the insurance requirements of this
Agreement as defined above.
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 13 of 18
SECTION 18. DISPUTE RESOLUTION.
(a) In the event of a dispute related to any performance or
payment obligation arising under this Agreement, the parties agree to
exhaust COUNTY dispute resolution procedures prior to filing suit or
otherwise pursuing legal remedies. COUNTY dispute resolution procedures
for proper invoice and payment disputes are set forth in Section 22.15,
"Prompt Payment Procedures, n Seminole County Administrative Code.
Contract claims include all controversies, except disputes addressed by
the "Prompt Payment Procedures," arising under this Agreement within the
dispute resolution procedures set forth in Section 8.1539, "Contract
Claims," Seminole County Administrative Code.
(b) CONTRACTOR agrees that it will file no suit or otherwise
pursue legal remedies based on facts or evidentiary materials/services
that were not presented for consideration in COUNTY dispute resolution
.....-."f.1-........
procedures set forth in subsecti,.6p.1 f'i(..} above of which CONTRACTOR had
~i0
knowledge and failed to presenc":-"during COUNTY dispute resolution
procedures.
(c) In the event that COUNTY dispute resolution procedures are
exhausted and a suit is filed or legal remedies are otherwise pursued,
the parties shall exercise best efforts to resolve disputes through
voluntary mediation.
Mediator selection and the procedures to be
employed in voluntary mediation shall be mutually acceptable to the
parties. Costs of voluntary medfation shall be shared equally among the
parties participating in the mediation
SECTION 19. REPRESENTATIVES OF COUNTY AND CONTRACTOR.
(a) It is recognized that questions in the day-to-day conduct of
performance pursuant to this Agreement will arise. COUNTY, upon request
by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or
more of its employees to whom all communications pertaining to the day-
pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 14 of 18
to-day conduct of this Agreement shall be addressed.
The designated
representative shall have the authority to transmit instructions,
receive information and interpret and define COUNTY'S policy and
decisions pertinent to the work covered by this Agreement.
(b) CONTRACTOR shall at all times during the normal work week
designate or appoint one or more representatives who are authorized to
act on behalf of and bind CONTRACTOR regarding all matters involving the
conduct of the performance pursuant to this Agreement and shall keep
COUNTY continually and effectively advised of such designation.
SECTION 20 .
ALL PRIOR AGREEMENTS SUPERSEDED.
This document
incorporates and includes all prior negotiations,
correspondence,
conversations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this
that ."_,."'A........~.,, referred in this document.
Agreement are not containe.q i~ to
81~
Accordingly, it is agreed that no ~iation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral
or written.
SECTION 21.
MODIFICATIONS, AMENDMENTS, OR ALTERATIONS.
No
modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
SECTION 22.
INDEPENDENT CONTRACTOR.
It is agreed that nothing
herein contained is intended or should be construed as in any manner
creating or establishing a relationship of co-partners between the
parties,
or as constituting CONTRACTOR
(including its officers,
employees, and agents) as an agent, representative or employee of COUNTY
for any purpose or in any manner whatsoever.
CONTRACTOR is to be and
shall remain forever an independent contractor with respect to all
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 15 of 18
I
services performed under this Agreement.
SECTION 23.
EMPLOYEE STATUS.
Persons employed by CONTRACTOR in
the performance of services and functions pursuant to this Agreement
shall have no claim to pension, workers' compensation, unemployment com-
pensation, civil service or other employee rights or privileges granted
to COUNTY'S officers and employees either by operation of law or by
COUNTY.
SECTION 24.
SERVICES NOT PROVIDED FOR.
No claim for services
furnished by CONTRACTOR not specifically provided for herein shall be
honored by COUNTY.
SECTION 25.
PUBLIC RECORDS LAW. CONTRACTOR acknowledges COUNTY'S
obligations under Article I, Section 24, Florida Constitution, and
Chapter 119, Florida Statutes, to release public records to members of
the public upon request. CONTRACTOR acknowledges that COUNTY is required
....,....b..,_
to comply with Article I, sectio~~~Florida Constitution, and Chapter
119, Florida Statutes, in the handlIng of the materials/services created
under this Agreement and that said statute controls over the terms of
this Agreement.
SECTION 26..
COMPLIANCE WITH LAWS AND REGULATIONS.
In providing
all services pursuant to this Agreement, CONTRACTOR shall abide by all
statutes, ordinances, rules, and regulations pertaining to or regulating
the provisions of such services including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules or
regulations shall constitute a material breach of this Agreement and
shall entitle COUNTY to terminate this Agreement immediately upon
delivery of written notice of termination to CONTRACTOR.
SECTION 27.
NOTICES.
Whenever ei ther party desires to give
notice unto the other, it must be given by written notice, sent by
registered or certified United States mail, return receipt requested,
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 16 of 18
addressed to the party for whom it is intended at the place last
specified.
The place for giving of notice shall remain such until it
shall have been changed by written notice in compliance with the
provisions of this Section. For the present, the parties designate the
following as the respective places for giving of notice, to-wit:
For COUNTY:
Public Works
500 W. Lake Mary Blvd., Suite 200
Sanford, Florida 32773
For CONTRACTOR:
The Middlesex Corporation
One Spectacle Pond Road
Littleton, Massachusetts 01460
SECTION 28.
RIGHTS AT LAW RETAINED.
The rights and remedies of
COUNTY provided for under this Agreement are in addition and
supplemental to any other rights and remedies provided by law:
...,.;~...
IN WITNESS WHEREOF, the par~i~~~ereto have made and executed'this
~J.~\;:-)
Agreement on the date below written"'"I'or execution by COUNTY.
By:
. Mabardy , secroetary
(CORPORATE SEAL)
Date:
'-
[Balance of this page left intentionally blank;
attestations continued on page 18 of 18]
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 17 of 18
r7n
CjJI(
BOB DA
ATTEST:
By:
MARY
Clerk to the Boar
County Commission
Seminole County,
Date:
/j- {}3 ~/Jf
Approved as
legal suff'
and
As authorized for execution
by the B~~f County Commissioners
at their .'(, Ie.{, 20 0(;
regular m ting.
For the use
of Seminole
AEC/sjs
3/2/09
P: \t1sers\Legal Sec:retery CSB\PurchasinQ 2009\).qreernentS\IFB-600562-09 .. Middles4t>C' Corp.doc
Attachments:
Exhibit A - Scope of Services
Exhibit B - Sample Purchase Order
~.,
i) I i~
~~,
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
page 18 cif 18
Exhibit irA'"
Section 1 -
General Description of Services
Seminole County is looking for two (2) competent Contractors to furnish Road construction
products to Seminole County Public Works Department, Roads-Stormwater Division,
considering options of materials only and/or in-place services to include labor, materials,
equipment and all incidentals necessary for various road projects as described in the
Requirements. Authorization for performance of services by the selected Contractor(s) under
this agreement shall be in the form of written Release Orders issued and executed by the
County on an as needed basis.
Mandatory Minimum Qualification Requirements for Professional Contractors:
Applicants shall be prequalified with the Florida Department of Transportation to perform all
work as presented in this solicitation. The contractor and or sub contractor must be FOOT pre-
qualified at time of bid opening. .
Applicants are required to supply asphalt to Seminole County from their own FOOT Certified
Asphalt Plant.
TECHNICAL REQUIREMENTS FOR PART A:
Labor and Materials:
Alternate I: Furnish all labor, materials and equipment necessary for asphaltic concrete,
surface treatment and friction course in-place anyWhere in Seminole County.
Alternate II: Furnish labor, materials, and equipment for sand and seal in-place anyWhere in
Seminole County.
Alternate III: Furnish labor, materials, and equipment for milling existing asphalt pavement in-
place anyWhere in Seminole County.
Alternate IV: Furnish labor, materials, and equipment for temporary pavement marking in-
place anyWhere in Seminole County..
Alternate V: Furnish labor, materials and equipment for speed humps, miscellaneous small
asphalt areas (such as driveway connectors, railroad crossing, etc.) and
adjustment of traffic bearing covers (such as manhole ring covers, water valve
covers, etc.) in-place, anywhere in Seminole County. Placement of pavement
reinforcement will consist of the contractor supplying all labor and equipment to
place fabric or geo-textile materials supplied by the County anyWhere in
Seminole County.
Alternate VI: Furnish labor, material and equipment for placement of asphalt products
anyWhere in Seminole County
Materials Only:
Alternate Vll: Furnish asphaltic materials to Seminole County (no in.place services).
2
SPECIFICATIONS:
Alternate I: The asphaltic materials, the in-place services, and the plant producing these
materials shall be furnished in full compliance with all specifications in the latest
edition of the Florida Department of Transportation (FDOT) Standard
Specification for Road and Bridge Construction and subsequent revisions.
The requirements of FDOT Section 331-4 (Latest Edition) for the General
Composition of Asphaltic Concrete Mixture shall be deemed met by submitting
copies of the approved job mix formula for FDOT work in the same general area
and using the same materials proposed for use in the adjacent County project.
At the Contractors option, an independent job mix formula may be submitted,
designed by a recognized commercial laboratory at the contractor's expense. No
mix shall be produced until the proposed job mix formula has been approved by
. the Se~inole County, County Engineer or designated Contract Manager.
Alternate II: The sand and seal materials and the in-place services shall be furnished in full
compliance with FDOT Section 300 and subsequent revisions.
Alternate III: The milling of existing asphalt pavement shall include hauling and disposal. The
milling services shall be furnished in full compliance with FDOT Section 327 and
subsequent revisions.
Seminole County reserves the right to receive 100% of milled materials. All
material shall be hauled by the contractor to a designated County materials yard
or preferred area(s) within a maximum distance of 10 miles. Any material that is
not received by the County will be hauled and disposed of by the contractor at a
reduced cost to the County.
Alternate IV: The temporary pavement marking and the in-place services shall be furnished in
full compliance with FDOT Section 102-10 and subsequent revisions.
Alternate V: The in-place speed humps, miscellaneous small asphalt areas (such as driveway
connectors, railroad crossing, etc.) and the adjustment of traffic bearing covers
(such as manhole ring covers, water valve covers and similar covers) shall be in
full compliance with all applicable FDOT section~', subsequent revisions and as
specified by the County using 'approved methods.
Alternate VI: SAME AS ALTERNATE I above technical requirements.
DELIVERY OF MATERIALS AND SERVICES:
Material Delivery: Maximum of 2 work days After Receipt of Order (ARO)
In-Place Delivery: (LaborlEquipment/Materials) maximum of 7 calendar days to begin work
After Receipt of Order.
3
Section 4 -
Price Schedule - Revised Per Addendum #3
PROJECT: Pavement Management Program - IFB-600562-09/GMG
Name of Bidder: The Middlesex Corporation
Mailing Address: One Spectacle Pond Road, I:.ittleton, MA 01460
Street Address: One Spectacle Pond Road
City/State/Zip: Littleton MA 01460
Phone Number:
978 ,) 742-4400
FAX Number:
978 ) 742-4434
Contact Person(s} for the placement of the order(s) and coordination of Service:
Name: Joe Meier
Telephone No.: 407-206-0077
Fax No.: 407-206-3559
E-mail address:
imeier@mdlsxco.com
Emergency No.: 407-427-7076
Name: Telephone No::
Fax No.: E-mail address:
Emergency No.:
Pursl,Jant to and in compliance with the Invitation for Bid, Instructions to Bidders, and the other
documents relating thereto, the undersigned Bidder, having familiarized ,himself with the terms
of the Contract Documents, local conditions affecting the performance of the Work, and the cost
of the Work at the places where the Work Is to be done, hereby propose(5 and agrees to provide
selVices in a workmanlike manner and in strict conformity with Contract Documents, inclUding
Addenda Nos. 1 . through Lf , on file at the Purchasing and Contracts
Division for the amount hereinafter set forth.
The undersigned, as Bidder, declares that the only persons or parties interested in this bid as
principal~ are those named herein; that this bid is made without collusion with any person, firm'
or corporation; and he Rroposes emd agrees, if t~e bid is accepted, that he/she will execute..an
Agreement with the COUNTY in the form set forth in the Contract Documents; that he/she will
furnish the Insurance Certificates.
12
Notes:
"1. Cost shall be inclusive all of labor, materials, transportation, equipment, insurance,
bonds, coordination and incidentals necessary for the completion of the work in its
entirety.
BID GUARANTEE:
ACCOMPANYING THIS BID IS bidder's bond
(insert the word(s) "cashier's" check," bidder's bond," certified check," or "other security as
provided by law, as the case maybe) In an amount equal to at least five percent (5%) of the
Total Bid, payable to the " "
BOARD OF COUNTY COMMISSIONERS, SEMINOLE COUNTY, FLORIDA
The undersigned deposits above-named security as a Bid guarantee and agrees that It shall be "
forfeited to the COUNTY as liquidated damages in case this Bid is accepted by the COUNTY
afld the undersigned fails to execute an Agreement with the COUNTY as specified in the
Contract Documents accompanied by the required Payment and faithful Performance Bonds
with SuretIes satisfactory to the COUNTY, and accompanied by the required certificates of
insurance coverage, and endorsements. Should the COUNTY be required to engage the
services of an attorney In connection with the enforcement of this Bid, Bidder pro!)1ises to pay
COUNTY's reasonable attorney's fees and costs (including attorney's fees and costs on
appeals) Incurred with or without suit. .
IN WITNESS WHEREOF, BIDDER has hereunto executeq this PRICE SCHEDULE FORMS.
this uith day of February , 20~. ,"
The (~~~~x07B1D5~R)
.,
" '
David.Socci, Senior Vice President Estimating " ,
(Printed name and title of person slgning"F..ORM)
13
~
E
:l
"0
C
co
"0
~
I
~
..-
fB
a
~
w
(f)
w
a
5
a.
I
6-
r/)
;j,
~
w
~
:2
o
W
~
W
0::
o
z
<(
r/)
f-
a.
::J
o
~
a.
z
o
i=
a
::J
0::
f-
r/)
Z
o
a
o. ~
<(' 'C
~ ~
I ~
<( -g
~ ~
<( .0
a.. j
III
o
fII
9-
.5
III
l!?
:l
o
(..)
c
o
~
't:
U.
"0
C
fII
....
C
III
E
....
fII
III
...
I-
III
o
~
fA
ar
....
P!
o
c
o
()
+>
(ij
.r:.
a.
~
a.
:l
e
C!l
1j
Q)
1j
c
QJ.
~~
'00
E
:l
r/)
.0
o
~
c
o
....
o
o
C')
\..
Cl)
8
.0
o
:::!
III
c::
o
....
o
o
C')
1
...
~
....
.0
o
:::!
III
C
o
....
0..
to
....
.
....
U'l
.0
o
:::!
III
c::
(:.
o
It{
o
c::
o
+'
0.
L:
o
III
Q)
o
d
z
E
III
=:
Ul
c:
~
g
o
III
C'II
't:l
oS
.~
'iii
lU
~
~
o
o
~
-g
1ii
E
""
co
lU
'"
c:
~
o
~
'C
.!
]
III
lU
~
~
o
III
...
'C
.9!
IV
.~
Ji
~
,J:;
t
<ll
~ .& III
~ ~ ~
g.ad.
(/J()lI)
.....
.
...
\l
Q
~
l\.
1\l
~'
~
"'1
YT
t:
,@
~~ ~
~ g
1Q
C'II
-g
~
~
()
r).:)
Iy;
K
"'>
YT
E
~
: !I ~
. ~I 'C
~ ~ ~
.~
8l
YT
19
o
l-
c:
.9
.....
~~
\...;
tI\ :g
..... ~
~ ~
~
E
:::>
~
e.
~
.......
~
. YT
E
~
c:
,@
~l
~ :g
('. ~
~ ~
"'> ~
E
""
~
~
~
~
~
(ij
<5
l-
~
~
(ij
,J:;
t
~
<0 .!
e- 2! III
cD 00;-
~5a.
lI)()(f)
'"
.;.
XI
()
~
~'
~
to'l,
~
lfl-
c
g
~
~
~
€A-
c
g
~
\)
'i:l
()
....... "..:>
€A-
c:
.g
~
~
~
.......
lfl-
c:
g
Q
<;)
\,.;
t'-
.....
lfl-
~~ jg
~. ~
~ g
~
~ ~
E
m
19
{;
:~ ~
~ 8.
I\l ~
.&
~
""
~
19
~
~
~
'"
~'
~
..:>
~
I-
Q
I;)
~
~'
6Il'
E
~
~
~
<:>
1Q
'<t
"0
.!!
<0
E
:c
UJ
W
,~
~
~
~
~
'='
~
.....
ro
.c.
!it
4;
CI)
iO .s
~ ~
~ 8
(/)()
'?
...
Q
\)
~
~'
"
!of
YT
c:
,@
~
11'-
~
YT
c:
g
()
~
~
"'1
.....
~
~
(j
1:\
.~
......
YT
c:
.g
o
l;)
~
"
~
V;-
.s
~
<J)
Ol
~
'2
C! ....
t!>,g:
^ .0
IO~
c-i
.... .c
~!
t:\
rl
~ I
~ ~
]j .5
~ Ji
~
~~
~
E
iii
lU
.,..
:m
~
i1 :
~
E
""
t\'l
~
]j
~
!~ :g
~ ~
" g
tv') ~
J!l
i
81
w
~
~
:rg
0.
~
~
<II J!l
e- ~
~ g
lI)()
'i
...
~
~
~
"j"-
~ .
I'i
~
E/')o
~
'\)
I'\)
V)
~'
YT
c:
.g
::::::::::::;::::::::::::=::::;::::'
~ :;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:
~.~ ::::::::::::::::::::::::::;::::::::
v :-:.:-:.:-:.:.:.:.;.:-:.:.:.:.:.:-:
;::::::::::: :::::::::~:::::::::::::
^~ ::::::::::::::::::::::::::::::;::::
~ .:.:.;.:.;.:.;.;.:.;.:-:.;.:.:-:.:.
:::: :::::::::~:::::::::::::::::::::
l\l' :.;.:.:-:-:-:.:.;.;.:.:.:.;.:.:-;.:
,~ .:.;.;.:-:.:.:.:.:-:.:-:.:<<.:-:.
.., :.;.;.;.;.:.:.;.;.;.:.;.:.;.;.;.:.;
.:-:.:.:.:-:-:-:.:.:.:.:-:-:.:-:-:.
19 ;.:.;.:.;.:.:.:.:.;.;.:.:.;.:.;.;.;
t=. :::::;:::::::::;:;:::::::::::::::;:
~
,
:::::.
C/?'
c:
g
.r................
:~:::;::;:::::::::::::::;:::;:::: ::
P!~~~ ::~~~::~~~~~:~?:~~:~t~::~~:~:
:~:::::::: ::::: :::::::: :::::::::: ~:
""4"'4 .........~ ................
.'.................................
........,.,........................
...................................
::::::;::::::::::::::=:::::=:=::::;
:::::::::::::::::::::::::::::::::::
; )Ujtt\t~It~
~ :;:;:;:;:;:;:;:;:;:;:;:;:::::::::;:
8
~
~
~
c:
,g
. ..
..................
..................
::;:::::::::::::::::;::::::::::::::
~ ,..................................
.~ : ~: ~:~:~ :~:~; ~: ~:~: ~ :~: ~:~ :~: ~ :~: ~:
~~o-.: :.:.:.:.;.:.:.;.:.:.:.:.;.:-:.:.:.:
\"" -:.:.:.:.:.:.:.:.:-:.:-:-:.:.:.:-:-
:.:.:-:.:.:.:.:.:.:.;.:.:-:-:.:.:.:
':.:.:.:.: -:.~.:.:.:.:. :.:.:.:.: -:.
:-:.:.:.: .:~:.:.:-:-:.:.;.:- :.:-:-:
.:.:.:'~.;.:-:.:.:.:.:.:.:.:-:<.:-
:-:.:-:.:-:.:.:.:-:.:-:.:-:-:.:.:.;
~ .:.:-:.:-:-:.:.;.:.;.:.:-:.:.;.:.;.
:.:.:.;.:.;.:-:.:.:.:.:.:.:.:.:.:.:
]g .;.;.:-:::-:.:-:-:.:-:.:-:.;.;.;.:.
~ :~:::::::::::::::::::::::::::~:::::
~
\)
~
"
E/')o
c:
g
!I
~l ~
.... J!l
]i ~
~ JYl
<l>
E
""
Qj
.e-
l)
I\}
~
~
~
~
€A-
*
<ll
~
rn
rn
<t-
.e
<J) i}'
e> c:
(0 <U
t3 e>
c: <U
o E
:;::I <l)
~ g
~ ~
:::.
c:
Ql
E
a.
4> 'g. !1i
~ ~ ~
8.,gJl
~ ~ ~
c~
f! a;
t!>:8
^ ::l
to 0::
m-s
~!,
'9
.,..
~
...,.
]i
~
~
\.;
~
~
lV)
t.'t-
<::J'"
"-
~
H
l1.
::l
o
0::
<!)
0::
o
Llc
~
o
I-
I'::
o
.~
...
o
o
U
><
..,
tI)
j;!
"tj
"tj
~
..,
~
.1'l
c:
Ql
E
f!!
'5
CT
<ll
0::
~
c:
Ql
t!>
o
...
.
...
c:
o
tl
Ql
(f)
<Il
Ql
III
$
19
<Il
'C
C.
Ql
E
>.
III
0.
(ij
'0
Ql
0.
III
l5
u.
CD
'0
z
i1i
E
co
z
>-
c
co
a.
E
o
a
~
E
;:)
-0.
c:
Q)
-0
~.
C)l
C'J
..-
CIl
(,)
l'Q
n
.
,5
iii
CIl
t/)
't:l
l::
l'Q
't:l
c:
l'Q
t/)
0-
~
o
(B
't:l
CIl
'0
c:
CIl
S~
-0
o
E
='
(/)
"0
>-
0-
(/)
o
o
CI
M
...
~
o
~
0-
U)
CI
CI
<:;)
C?
.....
o
o
~
"0
>-
0-
U)
CI
o
o
~
I
.....
o
o
.....
"0
>-
0-
00
CI
CI
CI
.....
I
CI
c:
.2
....
0-
'c
(,)
l/I
(Jl
Cl
ci
z
E
CIl
;!:!
>=
(f)
o
o
o
'"
'0
2
(II
E
~
ill
>=
(f)
o
o
o
('l
'0
2
ro
E
""
81
>=
(f)
o
o
o
,...
'C
.sl
III
E
1E
ill
>=
(f)
o
o
I()
~
E
;yj
u
c
ro
(f)
'0
C
(II
Q)
E
'C
0..
...-
N
\)
~
~
'V
~
\'-
"'
.
(;
l'-
l'\,r
(;I')-
(,IT
>-
Ii?
., . ....... ~ . .
.......,.........
.................
.................
.................
................,
.................
.................
..................
~~~'1.::::::::::::::::::::::::::::::::::
~ :~{~{~t?::::::~~{r
.- . ..... ,-
...... ....... "
...... ..........
.................
..... ...........
"::::=;:::;:::::::::::::;::::::::::
........,.................,........
<fl" ...................................
:::=::::;:::;:::::::::::;::::::::::
! t{:::::::~:::::\~~?r
\>,
l"\
<S
(;I')-
>-
Ii?
. .
'..... ..........
...... ..........
.................
.................
..................
:~: ~ :~: ~ :~: ~ :~: ~:~:~:~: ~:~:~: ~:~: ~:
. ...~........ ....... .'. .,...........
:I~~t~~t~/j~f)j~j
.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:-:.:.
.::::::::::;:::::::::::::::::::;:;:
::::;:::::::::: :::::::::::::::::~::
~ ::::::::::::::::::::::::::::::::::
~ :::::::::::::::::::::::::::::::::::
{!. ::~:;:::::::::::::::::}:::::::::
Q
";)
~
fo.\
~
~
~
(;I')-
~
.. .
.................
.':':':':':':':':':':':':':':':':':
.:-:.:.:.:-:-:.:.:-:-:.:.:.:.:.:.:.
:::::::::::::::;:::;:;:::::::::::::
fj?m:r?~jj(f~~:
..:.:.:.:-:.:.:.:-:.:-:.:.;.:.:-:.:
: ~~~~~~~ ~~1~ I~~ ~~~ j~f~))I1
.................................,
117 :~:~:}~:)t>}}}
]j ':'.';'.':.:::.:'.';'.';'.';'.':','::.::.::.:.::'.':'.':'.':.:
{:. ............. ....................
~
'"
\$
g
~
'^
(;I')-
>-
Ii?
>-
Ii?
Q
Q
~
~
>=
CI)
o
o
""
*
E
~
UJ
~
~
(;I')-
<;)
<;)
'"
117
~
{!.
(;I')-
10
o
()
5
E
<(
~
Co!
~
...
~
o
I-
~
~
~
~
(;I')-
l=4
0..
:;)
o
.e:::
(!)
~
o
LL
~
~
<3)
(,)
l'Q
0..
I
.S
....
c:
Q)
E
(Jl
>
1'0
0-
....
iii
.c
0-
Il)
l'Q
tIl
c:
+:
l/I
.~
0>
~
:a:
0-
::1
o
l...
(!)
'tl
<3)
"0
c:
Q)
..... ....
>< l/I
UJ 0
'OU
E
='
t/)
~
C"
t/)
CI
o
CI
C'J
....
CIl
>
o
'0
>-
0-
eI)
o
o
CI
M,
.....
Cl
CI
N
't:l
>-
0-
C/)
Cl
o
CI
C'/
.....
CI
CI
.....
'C
>-
C"
t/)
Cl
o
o
.....
.
Cl
c:
o
:0
0-
'C
(,)
1/1
<3)
Cl
ci
z
E
~
:;.:
(f)
o
8
'"
'0
.2l
(1l
E
""
(/)
ill
:;.:
CI)
o
o
~
'0
.l!!
(1l
E
in
ill
).:
(f)
o
o
l()
...-
]I
111
E
""
(/)
ill
~
o
o
o
...-
'0
.sl
(1l
E
~
ID
E .9
8 0
.2:l~
~~8
0..-
.E~~
~ -g ~
== Fa e
::!: :2 0.
;;;
~
'U
\,;
~
~'
"
69-
~ ~I
\'- \t\ Y
~ ~
N
69- {!.
~
'"
l\j
~
69-
>-
{Q
~
tv)
(,IT
>-
Ii?
~
l\\
~
(,IT
:;.:
C/)
o
~ k
~ "-
.~
;n (,IT
\)
~l
~l
).:
II)
o
o
o
'"
'0
Q)
os
~
iii
w
,..,.
~
.l9
{!.
Q
~
~
~
).:
f/)
o
o
~
!
E
""
..
w
""
]!
{!.
~c
~
~
...
).:
C/)
o
o
o
-
:0
oS
(1l
E
;n
..,.
11
{!.
u
l!l
Q)
.2:
'ii
'0
8 10 ~
.!!l~>-
9'- <ii .0
.f: z c
g "0 5
== ~ ()
~ ~ .s
~
~
()
\;
~
~
'"
69-
>-
Ii?
>-
Ii?
~
'"
~
69-
>-
Ii?
\."
....
tv)
69-
>-
Ii?
l,
~
~
fh
~
<fl-
<<i
~
~I
~
~
11
{!.
~~
~
~
""
13
o
!-
o
~j
(f>
<<i
'5
!-
'\)
~
~
~
.'"
w..
(;I')-
s
, 0..
:;)
o
It:
(9
It:
o
!L
-'
~
o
I-
c:I
o
.~
....
o
....
o
U
x
II)
'"
4)
=a
. "d
~
II)
.<::
~
.l1
c:
III
E
~
'5
0-
Q)
0::
~
(J)
c
Q)
t!l
<:5
.....
,!..
c
o
""
lil
(f)
Q)
(J)
Ill'
(/)
~
Q)
'Cl
'E
III
~
(II
a.
'iij
U
QJ
a.
III
L-
o
lL
CP
15
z
Q)
E
III
Z
>-
ffi
a.
E
o
o
~
E
::l
'0
C
Q)
'0
'0
~
(\')
I
(\')
....
Q)
C,)
co
0.
.
~E
Ol
C
:;:
....
co
~.
....
C
Q)
E
Q)
>
co
0.
C:'
~
o
0.
E
Q)'
I-
~
0.
::l
o
...
CJ
....
11)
o
U
"C
Q)
'0
C
Q)
S
....
o
E
::l
t/)
.?;-
;:
r::
111
::l
o
o
Cl
~
~
W
EI7
o
~
~
~
~
........'
Eo'?
!:~I;~
1Il",V1l\l VI
~EI7~~EI7~
~
()
., <'I
11..
g~e.
15....1"-
"'CI -
fJ Q II';
Ii til
J1 EI7 ~
r::
o
;:
0.
'C
U
m
o
ell
Q.
~
,
Ol
C
:l2
Iii
:i:
1':
ell
E
!\!
1Il
0..
~
8.
E
ell
t-
o
z
E
J!1
....
.q.
b
<I)
.g.
Cii
:Q
"5
rI}
,
:E
l\l
0..
,
Ol
C
32
iii
:a
C
ell
E
t
0..
C
III
'0
0.
E
~
<:1
&>
ell
0-
'C
Cii
0.
:;;;
rI}
,
E
'm
0..
,
0>
C
:l2
Iii
:i:
E
Q)
E
!1?
co
0..
~
o
Q.
E
~
'?
....
<)
~
~
I'
EI7
'^
C\. '
o
o
~
1'\1
~...
EI7
-g
I!! ()
~
..oCi
ltio~
~~t\l
2
l\l
,5 JY
;n ~ (!.
Iii
in
0.
.9
IJ)
I
E
'Iii
0..
I
0>
c:
:g
l\l
:z:;
E
Q)
E
!1?
ft.
,~
o
c.'
E
Q)
t-.
t)
'\)
~
~
~
EI7
~
~
~
~,
EI7
.,
is {j
l\l 11I
~ : ~I ~ .~ ~I
~ ~ ~ ~ ~ ~~
~~~wfJ~'"
,s ]j.5 ~
m EI7 {!. ;n EI7 {!.
"'t
....
ell
c:
~
8
13
rI}
I
'E
'iii
0..
I
Cl
c:
:;;;
Iii
:z:
C
<Il
E
~
ft.
~
o
0.
E
~
Il)
.q.
0>
c
'(;;
'"
g
()
'0
&
~
I
'E
'Iii
0..
,
Ol
c:
:;;;
Iii
~
E
ell
E
~
ft.
~
o
0.
E
ell
t-
<0
.q.
()
~
()
~
...
....
~
EI7
~
0-
::l
o
~
c.9
~
o
I.L
~
~
S:;'
o
.~
...
o
o
-u
:.<
o
'"
o
:a
'U
~
o
..c
f-<
!!l
c
<I>
E
'"
,!=
:>
I
~
Q)
g
~
<:5
....
J.
c
.Q
"0
"'.
(/)
III
III
'"
i1
1ii
OJ
'P
1:
II>
~
'"
a.
1ii
tl
II>
Q.
'"
~
jg
o
z
Qi
E
111
Z
>.
C'
co
0-
E
o
o
~ i:>>
.E
E "3
;:] lU
"0 :I:
c: 7ii
Q)
"0 'i:
~ .!
III
"1- :a
C") i
.... CI)
E
....
III
;:]
~
~
;:l
::::J
Ii
Co
E
:J
.J::
"C .
CI)
CI)
Co
th
Ii
,E
CI)
;t!
III
;:]
0
CI)
c:
.!!!
jjj
0
III
:i
>-
Co
:J
e
(!)
.....
III
0
U
"0
CI)
"0
c:
CI)
~ (\ 0 0
\l () Q Q \)
"- tJ
0 () \) ~
E ~ \,; ~ Q '\)
:J () l; I::l ~ ~
(I) 1.,,' ~ ~ ~
~ ~ '\)"
M Iv\' ~ '" \\
YiJ- ~ ~ ..".. ~ ~
>-
0..
::)
~
~ (,9
0::
~ 0
e ti U i3 ~ LL
.... ~
c 0 III tll @ ~~ -l
ell C: 0 l!:! ~ l!:! ~~ ~
:J C> OJ
C1 ~ ~ Ii.: 0
II) ~ ~ .9! l-
e ~ .c CJ> 'E
~ m\)\h 0 ~
0 0 0
0 Ql ~ It) 0 K 0 0
0 ~~ It) Q ~ \.n1\1 ~
... N L.; l'1i ~\..i\J;)
~ "C ]I -0
Jl *M "- .l!l
M vt ~ lI'l- t.'i- " lI'l- t' ....
'" '" tll ~ '"
.5 19 E 19 E 19 E 19 E 19
jj ~ :a - '"
~ {!. lI'7 {!. III EI') ~ JJ E>9- {!. JJ E>9- {!.
W W
>.
, ~
Ql
e
0
c:
cD
j 'E,
'E ~
c :2 III
>- .9
0 0 ~
:::l III .D
Q) C c .2.
Co ~ 0 ::>
1:: Ql 'I:: 0 E
0 .9 S .0 ()
III '" III ~ .9 ,2
CI) ::>
.0 '8' 1:: ~ III
0 jl
i' t1l Q) 'E
Iii E ~
'Ill 8 (I) t1l 0
i 1:: t:! E ....
<ll ,2' "C ~
~ ffi c: ~ Ql
C. r.:: & E ~
c. ::> E
~ ~ 1il 1:: g>
...
R C>> 0 Q) '" c: 8
E iil ::>
E c ~ III ~
ii:: ~ 'C .s::
:> .l!l
:z: OJ' ('G, ~ '- .!!!
> III .2
-g '15 ... ~ "C
.s:: J!I B '3 "C,(jj
Q) c: tll III >
C. III 1;J lU 1Il lU
(/) ~ $: 0.. :z: .2- J:
0
Z .... C)I :b ;J. It)
E , ob
Ul \D
Q)
;t!
c:
o
'~
....
o
.....
o
U
~
~
:a
"0
~
<)
,t5
.$
c:
Ql
E
2!
'3
I
el
Q)
lii
C)
o.
....
.,.!.
c:
o
""
<>
Ql
CJ>
<D
<D
'"
J!!
:m
"0
c
I
1il
Q
ell
0.
UI
~
ili
15
z
a;
E
CO
z
>-
c
CO
Co
E
o
()
"C
0>
"C
c;
0> .....
S l/)
0
..... ()
0
E
~
(/)
En- EA- ~
>- u >
"C '"
>- ~ !!!
0- j..:' ll.
en .:::1
0 en 0
g a:
0 C>
N C')
... '0 0::
~ ~ ~ ~ 0
0 E :i9 u..
"" ~
Jl b'7 ~ ~
J:: 0
>- () I-
'0 '"
>- ~ !!!
0- ;>.:
Cf) en
c 0 ~
c 0 0
~ ..... '~
~ ~
c ~ ~ 0
C") ... E "iii ]
* "" 0
Jl b'7 ~ ~ (? u
E ><
::l <J
"C '"
<J
c; >- =a
C!) '0 !;Q '1:1
'0 >- ~
~ 0- ;>.: ~
Cf) en <J
lI{ C 0 0 tS
0 0
(") c ..... ....
.... "i' "Cl '0 ID
... ~ IT.> .Bl
l() '" E
E 19 E ro
- - !1 Z
Jl b'7 0 Uj EA- t:
J- Q) >.
E c;
l!! ro
>- >- 'S a.
~ ~ 0' E
~ & 0
;>.: >= ~ (.)
0- (J) (J) (Jl
Cf) 0 0 c:
0 0 0 (Jl
J!3 ..... .... C!l
L9 11 "Cl 't:l r;j
l.l 0 lD .Bl
::l III .". tii .". '" ;;:
'0' E :i9 E ] E
e 'fii - :;::>
w 0 III b'7 ~ III
0- W I- W W
....
iU
..c:
f c !l
0 ~
:;:l
.... a.. :o::l () EJ
0 'i: ~ .~ ell
.... (,). ~~ \l.l 8
c: '0 Q) -0 ~
0> III c: ~ l5
~ Q) "Cl c: 0 I:Il iii
0 Q) Q) co co co 0 c:
... E ii5 0 ..... 0 0
l.l .a (Jl If) Q) ..... ;e
~ >< ru ~ , ~ d. ~
0..
a.. {!!. a.. (J) (J) 05 (JJ
:> 0
0- Z ;b ~ '" "t
:J E ID cb CD
0 (!)
...
C) :!:::
~
E
:J
'U
C
Q)
'U
~
If
c<>
....
c:
o
III
iii
L:
III
1U
.:1E
'>;
"2
o
CIl
iii
.;:;
Cll
....
('(l
E
-
CIl
iii
.;:;
Cll
.....
('(l
:iE
.....
iti
.c
0-
~
:>
0-
:J
2
~
1
:2
ItJ ,-
ot/)
1.1..15
""')
c
~ 0
~ i~
~ ~ I'
~~~
-gC'-
~l'lI't
~ :a
;yj #h {?
coc:
o ('(l
1.1..0:
5 0
I:: ()
~ \) a
8l.rs ~~
~ . ~
'C~\'I)
~ ~ ~
"" .l!l
Jl Ifl {?
c
o
:;:l
a.
&::
o
III
Cll
C
2
~
c:
<3
.Q
1ij
~
~
x
,~
'0
:c
III
N
~
(/}
o
2;
E
Q)
::
.-
,
...
c 0
,~ ~
I~~
m\X)~
"" .l!l
Jl #h {?
~
6 \)
I:: \)
Ul ~
~ \) ~
8 Q ~~
11 ~ ~I
1il ..... ~
E ..... ]j
~ ~ {?
c 0
<h ~ ~'~
c: Q rJ> a
o Q C "
~ {?v
8 ' {J ~ 0 lJ n;-
~ \I) It- ~ l I ,~
'9..-..j~ 'CVJ~
rJl"- <>I) ~ ~ rho
E E E
m~{?8i
2
~
C
(3
o
::::l
iij
~
0-
~
.l:!
~
'0
J:
It)
~
0..
en
~
.....
~
.0
.0
::l
a::
:5
III ~
~ ~
c:: ~
8 Cl
Ol Jl
.c ~
0. ~
~ C)
~ ^
(I) to
~ ~
g. U
en u..
(1)
~
g 0
~ c ~j ~
o Ii) f'.: 0
~ ~~ ~
~ '" ~ fd
E"19.5
;n#h{?;ri
c
~ 0
\)
C
o
I::: Q
~
(1) .
~ 0 ~
o 'l;)
o\,;t>/
~ <) \j)
f,j " .....
:E :a
J1#h{?
]j
E.I7 {?
:5
2 !
~
(5 ~
~ ~
Ol Ji
~
0- C
~ l!!
~ ~
.e- to
8. oi
~ ~
;!
c::
o
: ~I
~~
~.~
]j
Ifl{?
c:
~ : a~
8 ~ ~
Il)'v;'
~fv)*
.5 :a
~fJ7~
'C'
Q).
.0
.0
1i
]i.
~
n;
:2
Cl
.E
s
:2
Ol
.c:
0-
~
'i
...
()
u
~
"'-
~...
~
~
o
\)
~
~
~'
'v\
l'.
41'1-
....
111
o
o
"C
Cll
"C
C
S
'0
E
:J
t/)
o
Q
~
"
,....
~
,
4h
~
Q.
:;)
~
(..!)
Cl:
o
u..
..J
~
~
J!l
C
III
E
,~
:s
0-
~
e
OJ
C
Q)
<!>
ci
.-
.,.!.
c::
o
:r:l
o
Q)
en
CI)
OJ
Ul
J!l
$
Q)
'<J
c:
CIl'
~
0-
Ol
.u
OJ
a.
Ul
l;
u..
OJ
'0
:z
Qj
E
(\J
z
>.
c
(tl
0-
E
o
o
&,~~I.'J3if~IQl
Board of County Commissioners
Seminole County, Florida
ORDER~
FLORlOA SALES: 69-11-<J33995-53C
FEDERAL SALESIUSE: 59-74-0013K
Page 1
EXHIBIT B
ORDER NUMBER:
FOR INQUIRIES REGARDltJG THIS ORDER. CorUACT:
FISCAl. SERVICES DEPARTMENT. PURCHASING AIlD
CONTRACTS DMSION
1101 E. 151 STREET - COUNTY SERVICES SLOG.. RM #3208
SANFORDFLORID~32T71, .
PHONE: (407) 655-7116/ FAX: (407) 665-7956
i ,;. _ .
.t '.
SAMPLE PURCHASE ORDER
I.!:
:'i':i
, J
-,
,:5EMfNiJL'E., Co'tINT,Y.
.__,fbOJUPA'S .NATURAL CHOICE
"r"'';
THiS'O~DER IS SUi3,J,ECT TO THE TER!Y1S & CONprnONS ON THE REVERSE SIDE OF THIS O,RDER.
o .:: " . ..... I ", . .
SUBMIT ALL INVOICES IN DUPLICATE To':
CLERK - B.C.C. FINANCE DIVlSION
POST OFFICE BOX 8080
SANFORD, FL 32772-0869
Accts. Payable Inquiries - Phone (407) 665-7681
TOTAL AMOUNT
PURCHASING AND CONTRACTS DIVISION -AUTHORIZED SIGNATURE
for. SEMINOLE COUt-ITY BOARD OF COUt-ITY COMMISSONERS
EXHIBIT C
;,
~
2007
FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT 5
Federal Highway ~dministratiob.
Emergency Relief Program
Local Governments that suffer serious damage On Federa.1-aid highways as a result of a natural
disaster or catastrophic failures from .an external Ca.Use may be eligible for Emergency Relief
':funds from. FHWA Emergency Relier fun1:f.s aTe av'ailab.le for pennanent repairs and
emergency repairs.
For complete details on the ER Pl'ogTa.J.nt please refer to the Emergency ReUef Manual. The
electronk version may be accessed at V\.'WW.f1.1'Wa.dot.2"ov/reoorts/enn/index.htrn
For questions concerning t'Permanent Repairs" contact:
. Tom ~{oscoso
FDOT District 5
Spec~al Projecm SUp'ervisor '
{386) 94 3~5466
Suncom 373,5466
thonias.moscoso@dot.state.fl.us
Far questions concerning "Emergency Repairs" contactt
~irley Matthews
FDOT District 5
IP A Coord~ato~
(386) 943-5452
Suncom 373-5452
shirIev.rna tthews@dot.state.fL us
Page 1 of 24
I
i
I
l'
I
I
I
,I
EXHIBIT C
I.
Contract Requirements for Emergency Relief Program Agreements
Agreements for emergency work that are entered into by Local Governments with
third pa~ies to perform Emergency Relief Program work for which the Local
Government intends to seek reImbursement involving FHWA Emergency ,Relief
Program funds, must comply with aU Federal contract provisIon requirements
outlined or referred to in 23 CFR Part 633A.
a. Third party agreements must be negotiated, sotlclted or openly bId by the
Local Government
b. lnclude provisions mandating compli"ance with. Davis-Bacon wage rates
and include the wage rate tables In the agreement, said tables being
available at: http://www.dot.state.fl.us/constructlonlwaQe.hbn '
Davls-Baoon does not apply to debrIs ~moval agreements.
. .
c. Include the "Required Contract ProvIsions for Federal-Aid Construction
Contracts" (FHWA -1273) a copy of which is attached hereto.
d. 'Mandate compliance with Federal "Buy America Requirements", a copy
whIch is attached hereto. .
e. Mandate coordination, by the Local Government and. the third party
contractor with .the Department to assure compliance with the
requirements of the National Environment Policy Act (NEP A) of 1969.
f. Mandate compliance with 49 CFR Part 26, Disadvantaged Business
Enterprise Programp including the requirements for the Contractor and lor
the Local .Government to report mont~Jy on the Equal Opportunity
Reporting System on the Department's website found at
www.bfpincwebawS..com/bfzwebflorjda/ . .
g. Mandate compltance with all requIrements as imposed by the American
with Disabilities' Act of 1990 (ADA), the regulations of the Ferdeal
government issued thereunder, and assurance by the Local Government
pursuant tnereto,
h. Mandate compliance with th~ convict (~bor prohibjtion in 23 U.S.C. 114.
. ConvIct labor cannot be used In Emergency Reli~f ?onstruction proje.cts,.
Environmental ConsideratIons:
Repair projects under the ER program must comply with'the requirements of the National Environmental Policy
Act (NEPA) of 1969. Emergency repairs to restore essential travel, mInimize the extent of damage. or protect
remaining faciUlles are normally classified as categorical exclusions under 23 CFR 771.117(c)(9), 8!? are ER
projec1s to restore permanently the existing faciflty in-kind ~t the existing location, ref. 23 CFR Part 771.117( d).
Page 2 of 24
I
I
I
i
j
I
I
" I
i.
1
'I '
If
I
1
l
j
I
I
I
I
I
i
I
I
1
EXHIBIT C
'"
However, if impacts to protected or otherwise sensitive or high-value resources are possible, advance
coordination with the appropriate local, State, and Federai resotJrce agencies should be closely considered to
avoid or minimize profect delays or shutdowns.
On occasionl an ER project that includes a betterment, whether or Aot l;!lIg1ble for ER funding, may require
further NEPA review. Although on \:he surface a project may appear to qualify for a categorical exclusion, certain
betterments may need either an environmental assessment (EA) to determine whether or not the project will
cause significant environmental Impacts, pr an environmental impact statement (EIS) if significant Impacts are
predicted. this Is U1ustraled by the following example:
F'roject Betterment Requiring Environmental Evaluation
When repairing a section of roadway Inundated and seriously damaged by floodwaters. it was determined that a
grade raise could be eoonomically jU9tffie~ for ER funcSlng. Raising the grade of the roadway wIll require small
amounts of additional rIght-of-way from adjacent wetland areas. In addltiqn, in future flood events, the higher
roadway grade could impound additional water and 'flood other upstream areas. N. a result of the project'q
potential Impact on wetlands and future floodIng patterns, furtlier evaluaUon was necessa.ry to determine the
approprIate level of NEPA documentation. .
The NEPA project development process provides the final Federal-aid highway project decision, occasionally
including a facility on ns",! location. As noted above. ER projects to construct replacement facilities may require
environmental assessments or environmental impact statements, depending on the potential level of impacts to
resources, the value of the resources, and what., If floy. iegal Protections apply to the resources. However, even
replacement facilIties constructed at the existIng lo~ation of the damaged facflity may require extra
environmental evaluatIon beyond that needed for a rou1ine categorical exclusIon. These situalions are i1fustrated
by, the foll~ng examples:
Repla~ement at New Locatron .
A roadway was permanently submerged by water backing up behind a naturally created dam, and it has been
determIned ~eplacement of the inundated highway fa.cmty at Its eXisting location Is neither practical nor feasible,
and' various alternate locatlons may be avalla.ble to relocate this sectJon of highway. The NEPA process
documents considerauon of appropriate project aJt~rnat1ves and their polentlallmpacts and determines that the
preferred altematlve i~ replacement of the old facility on a. speoific new location or site. Although a categorical
exdusion can be used jf circumstances merit early environmental coordination may determine that an EA or an
EIS .is necessary to do this: .
Replacement at Existing LocatIon
An existing bridge over a river has been damqged beyond repair but can be replaced with a bridge of
comparable width and length at Ine same location. However, this sectlon of river oontains critical habitat for a
, Federally, nsted endangered spec1es, Which would be seriously impacted during the scheduled construction
period. As a result of \hIs potential Impact, the project decIsion could not be categorically excluded, and
additlona! NEPA evaluation and documentation was neoessary.
Page 3 of 24
EXHIBIT C
FHWA.1273 Electronic VersIon - March 10. 1QM
Required Contract Provisions Federal-Aid Construction
Contracts
I. General
II. Nondiscrimination
Ill. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
VI. Record of Materials. Supplies. and Labor
VII. Subletting: or Assigning the Contract
VIII. Safety: Accident.Pievention
IX. False statements Concerning Highway Projects
X. ImQlementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding DebarmenL Suspension Ineligibility. and Voluntary Exclusion
Xli. Certification Regarding Use of Contract Funds for lobbYing
Attachments
A. Emplovment Preference for Apualac1rlan Contracts (included in Appalachian contracts only)
I. GENERAL .
1. These contract ,provisions shall apply to ail work performed on the contract by the
contractor's own organizatioJ;l and with the assistance of workers under the contractor's
immediate mperintendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2. Ex.cept as otherwise provided for in each section~ the contractor shall insert' in. each
subcontr-acf all of the stipulations contained in these Required Contract Provisions) and
further require their inclusion in any,lower tier subcOntract or purchase order tp.at may
in turn be made. The Required Conlract Pro.visions shan not be incorporated by
reference in any case. The prime contractor shall be resPonsible for compliance by any
subcontractor or lower tier subcontractor with these Required C01JtractProvisions. .
3. A breach of my of the stipulations contained in these Required Contract Provisions
shall. be sufficient .gr'ounds for tennination of the con1:r1:lct.
4. A breach of the foUowmg clauses of th~ Required Contract Provisions may also be
grounds for debannent as provided. in 29 eFR 5.12:
Section I, paragraph 2;
Sectlon IV, paragraphs 1, 2, 3, 4, and 7;
Section V. paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph
5) and Section V of these Required Contract Pro'Vi~ions shall not be subject to the
general disputes clause of this contract. Such disputeS shall be resolved in accord?nce
'witJ;1 the procedures ofthe U.S. Department of Laoor (DOL) as set forth in 29 CPR 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 DOL, or the
contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
Page 4 of 24
'.j
I
i
t
.
.
i
i
I
. i
I
I
I
i
. !
I
I
EXHIBIT C
FHWA-1273 Electronic Version - March 10.1994
a. discriminate agFtinst labor from any other state, possession. or territory of the United
Slates (except ,for employment preference for Appalachian contracts, when applicable.
as specified In Attachment A). or
b. b. employ convict tabor for any purpose within the limits of the project unless it is labor
performed by convicts who ere on parole, supervised release, or probation.
11. NONDISCRIMINATION
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 0,000
or more.)
. 1. Equal Employment Opportunity: Equal employment opportunity (BEO) requirements not
to discriminate and to take affirmative action to assure equal qpporturrity as set forth
underlawst executive orders, rUles, regulations (28 CFR35, 29 CFR 1630 and 41 CFR
60) and orders of the Secretary of Labor as modified. by theprovisioos prescribed
herein, and imposed pursuant to 23 V.S.C. 140 shall constitute the EEO and specific
.affirmative action standards for the contractor's Pf?ject activities under this contract.
The Equal Opportunity Construction Contract Specifications set forth under 41 CPR 60-
4.3 and the provisions of the American Disabilities Act of 1990 (42 V.S.C. 12101 et
~.) set forth under 28 CPR 35 and 29 CFR 1630 are incorporated by re~er.ence in this
contract. In the execution of this contract, the contractor agrees to cOmply with the
following minimum specific requirement activities ofEEO:
a. The contractor will work with the State bjgh~ay agency (8HA) and the Federal
Government in carrying out EEO obligations and in their review of hislher
activities under tbe oontracl
b. The contractor will accept as his op~ting.policy the followiQg statement:
"It is the policy. of this Company to assure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex,
color, natl.onal orlgin, age or disability. Such action shall incl,ude: employment;
upgraqing, demotion, or transfer; recruitment or recruitment advertising; layoff Dr
termlnatlooj rates of payor other forms of compensation; and selection for training,
Including apprenticeshIp, preapprenUceship, and/or on-th~Job tralOlng."
Z. EEO QffJcer: The contractor will designate and make known to the SHA. contracting
. officers an BEO Officer who will have the responsibility for and must be capable or'
effectively administering and promoting an active contractor program' ofEEO and who
must be assigned adequate authority and.responsibility to do so.
.3. DissemInation of Policy: All members of the contractor's staff wbo. are authorized to
'hire, supervise, promote, and discharge employees, or who recommend such action, or
who are substantially involved in such action, will be made fully cognizant of, and will
implement, the contractor's BED policy and contractual, r~sPonsibiliti.es to provide REO
in each grade and classification of employment To ensure that the above agreement
will be met, the follpwing' actions will b.e taken as a minirnmn: ,
a.- Periodic meetings of supervisory and personnel office employees will be
conducted before the start of work and then not Jess often dian once every six
monthst at which time the contractor's BEO policy and its implementation will
be revi ewed and explained:The meetings will b~ conducted by the BEO. Officer.
b. All new supervisory or personnel office employees wilJ be given a thorough
indoctrination by the EEO Officer, covering an major aspects of the contractors
Page 5 of 24 .
EXHIBIT C
"
FHWA-1273 electronic Vernton- March 10.1994
EEO obligations within thirty daye following their report~ng for duty with the
contractor.
o. All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractors pro?edures for locating and
hiring minority group employees.
d. Notices and posters setting forth the contractors EEO policy will be placed in
areas readily accessible to employees, applicants for employment and potential
employees.
e. The contractor's BED policy and the procedures to implement such policy will
be brought to the attention of employees by means of meetings. employee
handbooks. or other appropriate means. .
,4. Recrul~ent: When advertising for employees, the contractor will inplude in all
advertisetp.ents fOT empJoye~ the notation: "An E,qual Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived. .
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through publiy and private employee referral
sources likely to yield qualified minority group applicants. To meet this
. retprlrement,the contractor will identify sources of potential minority group
emp19yees, and establish with sucb identified sources procedures whereby
'minority group, applicants may h.e referred to the contractor for employment
consideration. .
. b. In the event the contractor has a valid bargaining agreement providing for
exclusive hiring hall referrals, he is expected to observe the provisions of that
agreement to the extent that the system permits the contractor's compliance with
BED contract provisions. (The DOL has held that where, implementation of such
agreements have the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation violates Executive
Order 11246, as am'ended.)
o. The contractor' will encourage his present employees to refer minority group
applicants for employment.. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
5. Personnel Actions: Wages. working Conditions. and employ~e benefits shall be
established and, administered, and personnel actions of every type, including hiring, ,
upgrading, promotion, trilnsfer, demotion, layoff, and termination, shall be taken
without regard to race, color, religion. sex, national origin, age or disability. The
following procedures shall be followed: ',.
a.. .The contractor will conduct periodic inspections of project sites to iru:ure that
working conditions and employee facilith~s do not indicate .discriminatory
treatment of project site personnel.
b. The contractor will peri~dically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to
deterJ11,ine whether there is evidence of discrimination. Where evidence is found,
the contractor will promptly take corrective action. If the review indi.cates that
the discrimination !Day extend beyond the actions reviewed, sucb corrective
action shall include all affect.ed persons.
d. The contractor will promptly investigate all complaints of alleged discrimination
made to the contractor in connection with his obligations under' this contract,
Page 6 of 24
EXHIBIT C
.'
. fH\NA-1273 EleclronicVersion- March 10,1994
will attempt to resolve such complaints, and will take appropriate corrective
action within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant, S'Ucb corrective
action shall include such other persons., Upon completion of each investigation,
the contractor w111 infonn every complainant of all of his avenues of appeal.
6. Training and Promotion:
a. 'l'be contractor will assist in locating, qualifying, and increasing the skills Df
minority group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as penn:issib1e
under Federal and State regulations; the contractor shall make full use of
training programs, i.e., appreonce~hip, and on~the..j{)b training programs for the
. geographical area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shal1 be in their first year of
apprenticeship or training. In' the event a special provision for training is
provided under this contract, this subparagraph will be superseded as indicated
in the special provision.
c. The contractor will"' advise employees and applicants for employment of
available training programs and entrance requirements for each.
d. The contraq.tor will periodically review the training and promotion potential of
minority group and women employees and win encourage eligible employees to
apply fur such training and promotion.
7. UnTons: If the contractor relies in whole or in part upon unions as a source of
employees, the contracto~ will use hislher best efforts to obtain the cooperation of such
unions to increase opportunities for minority groups and women within the unions, and
to effect referrals by such unions of minority and female employees. Actions by the
contractor either directly or through. a contractor's association acting as agent will
include the procedures set forth below: .
a. The contractor will use best efforts to develop, in cooperation with tbe unions,
joint training programs aimed tDward qualifying mpre minority group members
and women for membership in tbe unions and increasing the skills of roinority
group employees and women so tbat they roay qualify for higher payfug
employment.. ,
b. The contractor ~1l Use best efforts to incorporate an BEO clause into each union
agreement to the end that such union will be contractually bound to refer
applicants without regard to their race, coloft religion, sex, national origin, age
or disability. '
c, The contractor is to obtain information as to the referral practices and policies of
the labor union ex.cept that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the 8HA a.nd shan
set forth what efforts have been made to obtain such infounation.
d. In the event the union is unable to provide the contractor with a reasonable flow
of minority ?TId WOUle\? referrals within the time limit Syt forth in the collective
bargaining agreement, the contractor will, through independent reCl1l1tment
efforts, fill the employment vacancies without regard to T(!.ce, color, religion,
sex, national origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minority group persons and women. (The DOL has heldtbat it
shall be no excuse that the union with which the contractor has a collective
bargaining agreement providing for exclusive referral failed to refer minority
Page 7 of 24
EXHIBIT C
FHWA-1273 E)e(;\r'Ofllc Version - March 10, 1994
employees.) In the event the union referral practice prevents the contractor from
meeting the obligations pmsuant to Executive Order 11246, as amended, and
thes~ special provisions) such contractor shaH immediately notify tpe SHA-
8. Selectlon of Subcontractors, Procurement of MaterIals and Leasing of Equipment: The
contractor shall not discrirninate on the grounds of race, color, religion, sex, national
origin, age or disability in the selection and retention of subcontractors, including
procurement of materials and leases of eqwpt.nent.
a. The contractor shall notify all potential subcontractors and suppliers of hislher
BED obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall bave
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will me his best efforts to
solicit bids from and to, utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among their employees.
Contractors shall obtain lists ofDBE construction firms from SHA personnel
c. The contractor will use his best efforts to ensure subcontractor complianoe with
their EEO obligations.,
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records sball be retained for a period of'
three year~ following completion' of the contract work and shall' be available at .
reasonabl e times and places for inspection by authorized representatives of the 8HA and
the FHW A.
a. The records kept by the contractor shall docmnent the following:
] . The number of minority and non-minority group members and women
employed in each work classification on the project;
2. The progress and efforts being made in cooperation with unions, when
applicable, to increase employment oppo~ties for minorities and
women;
3. The progress and efforts being made in locating, hiring, training)
qualifying, and upgrading minority and female employeesi and
4. The progress and efforts' being made in secUring the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
b. The contractors will submit an annual report to the SHA each, July for the
duration of the project, indicating the number of minority, women, and non-
minority group employees currently .engaged in each work classification
required by.the contract work. This information is to be reported on Fonn
FHW A-1391. If on-the-job training is being required by special provision, the
contractor will be required to collect and report training data.
Ill. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid constroction contracts and to all related subcontracts of $10)000
armore.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of
this material supply agreement 9r purchase order) as appropriate, the bidder, Federal-aid construction
contractor, subcontractor, material supplier, or vendor, as appropliate, cert~fies that the firm does. not
maintain or provide for its employees any segregated facilities at any of its estab1isbments) and that the
finn does not pennit its employees to perform their services at any location, under its control, where
Page 8 of 24
EXHIBIT C
FHWA-1273 Electronic Version.. March 10, 1994
segregated facilities are maintWned. Tbe finn agrees tbat a breach of this certificati(m is a violation o"r
the EEO provisions of this contract. The finn fqrther certifies tbat no employee will be denied access
to adequate facilities on the basis of sex or disability.
b. As. used in this certification, the term "segregated, facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertaimnent areas,
transportation, and housing facilities provided for employees which are segregated by. explicit
directive, or are, ~n fact., segregated on the basis of race, color, religion, national origin, age or
disability, because of habi~ local custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it bas obtained or win obtain identiCal certification from proposed
subcontractors or matenal suppliers prior to award of subcontracts or consummation Of materiaI supply
agreements of $1 0,000 or more and that it will retain such certifications in its: files.
ry. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all re1ated
subcontracts, except for projects located on roadways ylassified as local Toads or rural minor
collectors, which are exempt.) . .
o.
General:
a.
. "
All mechanics and laborers employed or working upon the site ofthe work will
be paid unconditionally and not less often than once a week and. without
subsequent deduction or rebate OD any account [except such payroll deductions
as are permitted by regulations (29 CPR 3) issued by the Secretary of Labor
under the Copeland Act.(40 D.S.C. 276c)] the full amounts ofmges and bona
fide fringe benefits (or casb equivalents thereof) due at time of payment. The
paym'ent shall be computed at wage rates not less than those contained in the
wage detenrrination of the Secret+1IY of Labor (hereinafter "the wage
determination") which is' attached hereto .and: made a part hereof, regardless of
any contractual relationship which may bea11eged to enst between the
contractor or its subcontractors and such laborers and mechanics. The wage
determination (including any additional classifications and wage rates
conformed under-paragraph 2 of this Section IV and the DOL poster (WH-t321)
or Form FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the worle in a promin!mt and accessible place where
it can be easily seep by the workers. For the purpose of this Section,
contributions made Of costs reasonably anticipated for bona fide fringe benefits
under Section "1 (b)(2) of the Davis-Bacon Act (40 V.S.C. 276a) on behalf of
laborers or mechanics ar~ considered wages paid to such laborers or mechanics,
subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the
purpose of this Section, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, OT
programs, which cover th~ particular weekly peq.od, are deemed, to be
constructively made or incurred during such weekly period. S1.?-ch laborers and
mechanics shall be p,aid the appropriate wage rate and fringe befl:efits on the
wage determination for the classification of work actually perfanned, without
regard to skill, except as provided in paragraph~ 4 and 5 ofthis Section IV.
Laborers or mechanics performing work in more than ODe classification may be'
compensated at the rate specified for each classification. for the time actually
b. "
Page 9 of 24
EXHIBIT C
A-l'NA-1273 Eledronlc Version - March 10,1994
worked therein, provided, tbat the employer1s payroll records accurately set forth
.the time s-pent in each classification in which work js performed.
c. An rulings and interpretations of the Davis-Bacon Act and related acts contained
in 29 CPR 1,.3, and 5 are herein incorporated by reference in this contract.
1. Classification:
a. The' 8HA contracting officer shall require that any class of laborerS' or
mechanics employed under the contract. which is not listed in the wage
detennination, shall be classified in conformance with the wage determination.
b. The contracting officer ~ha1l approve an addifional classification, wage rate and
fringe benefits only when the following criteria.have been met:
.1. the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
2. the aoditional classification is utilized in the area by the construction
industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a
r.easonable relationship to tbe wage rates contained in the wage
determination; and
4~ with respect to helpers, when such a classification prevails in tbe m;ea in
.'which the wor1~.is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
!mown) to be employed in the additional classification or their representatives,
and the contracting officer agree on the classification and wage rate (including
the aroooot designated for fringe benefitS where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL, Administrator
of the Wage and Hour Division, Employment Standards Administration,
Washington, D.C. 202]0. The Wage and Hour Administrator, or an authorized
repTesentative, will approve, modify, OI' disapprove evezy' 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 tj..rne is necessary.
d. 1n the event the contractor or subcontractors, as appropriate, the laborerS or
mechanics to be employed, in the additiO)1al classification or tbeiT
representatives) and. the contracting officer do not. agree .on the p~oposed
classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer .shall refer the questions,
including the views of all interested parties and the recommendation of tbe
contracting officer, to the Wage and Hour Administrator for determination. Said
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 necessaJ)'
e. The wage rate (inc1uding fri,nge ben.efits where appropriate) determined pursuant
to paragraph 2c or 2d of this Section IV shall be paid. to all workers performing.
work in the additional classification from the fhst day on which work is
perl'ormed in the clasSification.
2. Payment of Fringe B~neflts:
a. Wheneyer 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
h.ourly rate, the contractor or subcontractors, as appropriate, shaH either pay the
Page 10 of 24
EXHIBIT C
FHWA-1273 8ec1fonlc;Verslon,- March 10, \994
3. .
benefit as stated in the wage determination or shall pay another bona fide fringe
benefit Of an hourly case equivalent thereof. .
b. If the contractor or subcontractof) as appropriate) does not make payments to a
trustee or other third person, he/she may consider as a part of the wages of any
laborer or'mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program) provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations ~der the plan or program.
Apprentices and Trainees {Programs of the u.s. DOL} and Helpers:
a. Apprentices: .
1. Apprentices will be permitted to work at less than the predetermined rate.
for the work they performed wben they are employed pursuant to and
individually registered in a bona fide apprenticesbip program registered
with the DOL) Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State apprenticeship agency
recognized by the Bureau, or if a person is employed in bislher first 90
days of probationary employment as an apprentice in such an
apprenticeship progra'm) who is not individually registered in the
program, but who has bet(11 certified by the Bureau of Apprenticeship
and Training or a State apprenticeship agency (where appropriate) to be
. eligIble for probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman-level employees on the
job site in any craft clas~ification shall not be greater than the ratio
permitted' to the contractor as to the. entire work fame under the
registered program. Any employee listed on a payroll at an apprentice
. wage rate, who is not registered or otherwise employed as staled aboye,
shall be paid. not less than the applicable wage rate listed in the wage
determination for the classification of work actually performed. In
addition, any apprentice perfonning work on the job site in. excess of the
ratio permitted under 14e registered program sh~ll be paid not less .than
_ the 'applicable wage rate on the,wage determination for the work actually
performed. 'Where a contractor or subcontractor' is 'perfomring
construction on a project ill a locality other than that in which its
progrmn is registered) the ratios and wage rates (-expressed in
percentages of the joumeym.~-level hourly rate) specified in the
contractor'S or subcontractors registered program shall be observed.
3. Every apprentice must be paid at not less than the rate specified in the
registered. pro gram for the a:ppr~ntice's level of pro gress) expr6i>sed as a
percentage. of the journeyman-level hourly rate specified in the
applicable wage determination. Apprentices 'shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program.' If the .
apprenticeship 'program does not specify fringe benefits, apprentices
must be paid, the full amount of fringe benefits liste(i on the wage
determination for the applicable classification. If the Administrator for
the Wage and Hour Division determines that a different practice prevails
for the applicable apprentice classi fication, fringes shall be paid in
accordance with that determination.
Page 11 of 24
EXHIBIT C
FHV'IA-1Z73 ElectronIc Version-March 10,1994
4. In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the BureaU, withdraws approval of
an apprenticesbip program, the contractor or subcontractor will no longer
be permitted. to utilize apprentices at less than the applicable
predetermined rate for the comparable work performed by regular
employees until an acceptable program is approved.'
b. Trainees:
1. Except' as provided in 29 CFR S.l6t trainees will not be permitted to
work at less than the predetermined rate for the work performed unless
they are employed pursuant to and individually registered in a program
which has received. prior approval, evidenced by formal certifica~on by
the DOL, Employment and Training Administration.
2. The ratio of trainees to joumeyman-level employees on the job site shall
not be greater than permitted under the plan approved by the
Employrilent and Training Administration. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage
deteonination for the classification of work actually performed. In
addition, any trainee perforining work on the job site in eJ(cess of tbe
ratio permitted under the (egisteted program shall be paid not less than
the applicable wage-rate on the wage determination for the work actually
perfonned.
'3.' Every trainee must be paiq at not less than . the rate specified in the
approved program for his/ber level of progress,. ex-pressed' as a
percentage of the joumeyro.an-leve1 . hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program.. If the trainee
program aoes .not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division detennines that there is an
apprenticeship progr':ITD associatea with tb.e correspond~g joumeyman-
level wage rate on the wage deterniination which provides for leSs than ,
full fringe benefits for apprentices, in which case such trainees shall
receive the same fringe benefits as apprentices.
4. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor or subcontractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program
is approved.
c. Helpers: .
Helpers will be permitted to work on a project If the helper classifica~on Is specified and
defined on the applicable wage. determination or is approved pursuant' to the
conformance procedure sel forth In Section IV.2. Any worker ilsted on a payroll at a
helper wage rate. who Is nol a helper under a approved definition, shall be paId not less
than the applicable wage rate on the wage determination for the classification of work
actually performs?
Page 12 of 24
EXHIBIT C
Fl-iWA-1273 8ectronlcVersloll-M/!rch 10.1994
. '
4. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skin training programs
which have been certified by the Secretary of Transportation as promoting EEO in
connection with Federal-aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. The straight time bourly wage rates for
apprentices and train~es under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeymen shall not be greater than
permi1ted by the terms of the particular program.
5. Withholding:
The SHA shall up011 its own action or upon written request of an authorized
representative of the DOL withhol~ or cause to be witbheld., from the contractor or
subcontractor under this contract or any other Federal contract with file same prime
contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing
wage requirements which is held by the same prime contractor, as much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any
sUbcontractor tbe full amount of wages required by the contraCt. In the event of failure
to pay any laborer or mechanic, including 'any apprentice, trainee, or helper, employed
or working on the site of the' work, all or part of the wages required by the contract, the
8HA contracting officer may, after written notice tt;> the {,lOnn-actor, 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, ,
6. Overtime Requirements:
No contractor or subcontractor contracting for any part o~ the contract work which
may require or involve the employment. of laborers, mechanics, watchmen, or guards
(including apprentices, trainees, and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, r?-echanic, watch:rt1an,.or guard in ,any workweek in
which he/she is employed on such work; 'to work in exceSs of 40 hams in such
workweek unless such laborer, mechanic, watchman, or ~ard receives compensation at
a rate not less than one-and-{)oe-half times his/her basic rate of pay rot' alJ hours worked
in excess of 40 hours in such workweek.
7. Violation:
Liability for Unpaid Wages; Liquidated Damages; In the event of any violation 'ohhe
clause set forth in paragraph 7 above, the contractor'and any subcontractor responsible
thereof shall-be liable to the affected employee for his/her unpaid wages. In addition,
such contra,ctor 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 Distriot"or
to' such territory) for liquidated damages. Such liquidated damag~ shall be computed
with respect to each individual laborer. mecbanic; watchman, 01:' guard employed, in
violation of the clause set forth in paragraph 7. in the sum of $10 for each calendar day
on which 'such employee was requir~ or permitted to work in excess of the standard
Page 13 of 24
EXHIBIT C
FrM'A-1Z73 E\ectfonlc:Yersion.- March 10, 199~
work week of 40 hours without payment of the overtime wages reqUired by the clause
set forth in paragraph 7.
8. .. WithholdIng for Unpaid Wages and LIquidated Damages:
The SEA 'shall upon its own action or upon written request of any authorized
rePresentative of the DOL withholdt or cause to be withheld, from any monies payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Fedel:a1 COD;1ract with the same prime contractor, or any other
Federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be
necessary f:9 satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated'damages as provided in the clause set forth in paragraph 8 above.
V. STATEMENts AND PAYROLLS
(Applicable to all Federal~aid construction contracts exceeding $2,000 and to all related
subcontracts, except. for projects located on roadways .classified as local roads or rural
collectors, which are exempt)
o. Compfiance with Copeland Regulations (29 CFR 3)~
The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are
herein Incorporated by reference.
1.
Payrolls and Payroll Records:
. a.. Payrolls and basic records relating thereto shall be maintained by the contractor
and each subcontractor during the course of the work and preserved for a period
of 3 y€iars from tbe date of completion of the contract for all laboreIS.
mecbanics: apl"rentices, trainees, 'watc1unen, helpers, and guards working at the
site of the work. .
h. The payroll records shall contain the name, social security number, and address
of eai:;h such employee; his or 4er correct classification; flourly rates of wages
paid (irrcluding rates of contributions or costs anticipated for bona fide fringe
benefits ar cash equivalent thereof the types described hi. Section 1(b)(2)(B) of
the Davis Bacon Act); daily a~d weekly number of hours worked; deductions
made; and actual wages paid. In additiollr for Appalachian contracts, the payroll .
records shall contain a notation indicating whether the employee does, or does
'not, norma11y reside in the labor area as defined in Attachment A, paragraph I.
Wbenever the Secretary of Labor, pursuant to Section N, paragraph 3b, bas
found .that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described
in Section 1 (b )(2)(B) of the Davis Bacon Act, the, contractor and each
subcontractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is fIpancially
responsible. that the plan or program has been communi cated in writing to the
laborers or mechanics affected, and show the cost anticipated or the actual cost
incurred in providing benefits. Contractors or subcontractors' employing
apprentices or tr~ees under approved programs shall maintaiD written evidence
Page 14 of 24
EXHIBIT C
FH'NA-1273 ElectroTlic Version - ~att:h 10. 112M
of the registration of apprentices and trainees, and ni.tios and wage rates
prescribed ih the applicable programs. '.
c. Each coritnictor and subcontractor shall furnish, each week in whi ch any
contract work is performed, to the SHA resident engineer a payroll of wages
paid each of its employees (including apprentices, trainees, and helpers,
described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged
on work during the preceding weekly payroll period). The payroll submitted
shan set out accurately and completely all of the infonnation required to be
maintained under paragraph 2b of this Section V. This infonnation may be
suh1trl.tted in any fonn desired: Optional Ponn WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents (Federal
stocK: number. 029~005-0014-1), U.S. Government Printing Office, Washington,
D.C. 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
d. Each payron submitted shall be accompanied by a "Statement of Compliance/'
signed by the contractor or subcontractor or his/her agent who pays or
. supervises the payment of the persons employed under the contract and shall
certify the following: .
1. that the payroll for the payroll period contains the information required
to be mai~ained under paragraph 2b of this Section V and that such
information is correct and vomp1ete;
2. that such laborer ot" mechanic (including each helper. apprentice, and
trainee) employed on the contract during the payron period has been paid
the full weekly wages earned, witllout rebate, either directly or
. indirectly, and that no deductions have been made either directly or
indirectly from the fun wages earned, other than permissible deductions
as set forth in the Regulations, 29 CPR 3; .
3. that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of
worked perfoun~ as specified in the applicable wage detemlination
incorporated into the contract. .
e. The weekly subrpiss1c:m of a properly executed certifi~on set forth on the
reverse. side' of Optional Form WH-347 shaU satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph 2d of this
Section V. .
[ 'The falsification of ID:1Y of the above certifications may subject the contractor to
civil or criD;iinal prosecution under 18U.S.C. 1001 and 31 V.S.C. 231.
g. The contractor or subcontractor sball make the records required under paragraph
2b of this Section V available for inspection, copying, or transcription by
authorized representatives of the SHA, the FHW A. or the DOL, and shall pennit
such representatives to interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required records or to make
them available, the' SHA, the FHW A, the DOL, or all may, afteF .written ~Qtice
to the contractor, sponsor, applicant, or owner, take such actions as may be
necessary to cause the suspension of any further paYment, advanc.e"or guarantee
of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debannent action pursuant to
29 CPR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
Page 15 of 24
EXHIBIT C
Fl-lWA.1273 E1edronic VerS!ol\- March '0,1994
o. On all Federal-aid con!re.cts on the National "Highway System, except those which provide
solely for the installatiop. of prm:ective devices at railroad grade crossings) those which are constructed
on a force account or direct labor basis, h.ighway beautification contracts, and contracts for which the
total final construction cost for roadway and bridge is less than $1 )000,000 (23 CFR 635) the
contractor sbaH: "
a. Become familiar with the list of specific materials and supplies contained in
Form FHWA-47, "Statement of Materials and Labor Used by Contractor of
Highway Construction mvolving Federal Funds,11 prior to the commencement of
work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for
,and incorporated in the work, and also of the quantities of those specific
materials and supplies listed on Form FHW A-47,. and in the units shown on
Form FHWA-47. "
c. urnislJ., upon the completion of the contract, to the SHA resident engineer on
Form FHW A-47 "together with the data required in paragraph lb
relativFurnishaterials and supplies, a final labor summary of all contract work
indicating the total hours worked and the total amount earned.
1. At the prime corrtractors option, either" a single report covering all contract work .or separate
r~orts for the pontractor and for each subcontract shall be submitted.
VII. SUBLETTING OR AsstGNING 11m CONTRACT
0.. The contractor shall perform with its own 'organization contract work amounting to not less
than 30 percent (or a greater percentage if specified "elsewhere in the contract) of the total original
contract price, excluding any special~ items designated by the State. Specialty items may be
peifOmled by subcontract and the amount of any such specialty items perfonned may be deducted
from the" total ,original- c'ontrn,ct price before compntIDg.the amount oi'work required to be perfonned
by the contractors own organization (23 CFR 635).
, a "Its own organization" shall be construed to include only workers employed and
paid directly by the prime contractor and equipment ov.'Ped or rented by the
prime contractor, with or without operators. Such term does not include
6!?P1oyees or equipment of a subcontractor, assignee, or agent of the prime"
contractor.
b, ,"Specialty Items" shall ,be construed to be l~ited to worle that requiies highly
specialized knowledge, abilmes, or equi;pment not or.dinarily available in the
type of contracting organizations qualified and expected to bid on the contract as
a whole and in general are to be Ihnited to minor components of the overall
contract. '
1. The contract amount upon which the requirements set forth in paragraph 1 of Section vn is
computed inc~udes 'the cost of material and manufactUred products, which Bre to be purchased or
produced by the contractor under the contract provisions.
2. The contractor shall furnish ea) a competent superintendent or supervisor who is employed by
the fmn, has full authority to direct performance of the work in accordance with the cbntract
requirements, and is.in,charge' of all,copstruction opeI1itions (regardless of wbo:performs the work) and
(b) suqh other of its own orgaoiza~orial reso,:!rcys, (~perviSion, management1 and engineeriDg services)
as tPe SUA contracting officer determines is necess'e,ry to assure the perforriIance of tbe contract.
3. No portion of the contract shan be sublet, assigned or otherwise disposed of except with the
written consent of the 8HA contracting officer, or authorized representative, and such consent when
given shall not be construed to relieve the contractor of any responsibility for the fulfillment of ~e
contract. Written consent will be given only after the SHA has assured 'that each subcontract is
Page 16 of 24
EXHIBIT C
FHWA~1Z73 E\eClIur1ic Ven:ion - March 10. 19S4
evidenced in writing and that it contains all pertinent provisions and'requirements of the prime
contract.
VIII. SAFETY: ACCIDENT PREVENTION
O. In the perfonnance of this contract the contractor shall comply with all applicable Federal~
State, and local laws governing safety, bealth, and sanitation (23 CPR 635). The contractor shall
provide all safeguards, safety devices and protective equipment and take any other needed actions as it
detennmes, or as the 8HA contracting officer may determine, to be reasonably necessary to protect tbe
life and health of employees on the job arid the safety of the public and to protect p.roperty in
connection with the performance of the work covered by the contract.
1. It is a condition of this contract, and shan be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any'subco,ntractor shall not
permit any employee, in performance oftha contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to hislher health or safety, as detennined under
construction safety and health standards (29 CPR 1926) promulgated by the Secretary of Labor, in
accords,nce with Section 107 ofthe ContIact Work H0UIS and Safety Standards Act (40 U.S.C. 333).
2. pursuant to 29 CPR 1926.3, it is a condition of this .contract that the Secretary of Labor or
authorized representative tbereof, shall have right of entry to any site of contqtct performance to
inspect or investigate the matter of compliance with the constrUction safety and health standards and to
carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety
Standards Act (40 V.S.C. 333).
OC FALSE 51ATEMENTS CONCERNING HIGHWAY PT:lOJEGTS
In order to assure high quality and durable construction in conf~nni.ty with approved plans and
, specifications and a high degree of reliability on statements and representations made by
engineers, contractors, suppliers~ and workers on Federal-aid highway projects~ it is essential
that all persons concerned with tbe project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepresentation "i'Iith respect to any
facts related: to the project is a violation of Federnl law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following notice shaJl be posted on each
Federal-aid highway project (23 CFR 635) in one or more 'Places where it is readily 'available to
all persons concerned with the project:
1.1OTlCE TO ALL PERSONNEL ENGAGED ON fEDERAL-AID K1GHWAY PROJEGTS
18 V.S.C. 1020 reads ,as follows:
"Whoever, being an officer, agent. or f1mpfoyee of the Unned States, or of any State or Territory, or
whoever, whether a person, association, firm, or Gorporeoon, knowingly ,makes any false statement,
false representation. or false report as to the character, quality, quantity, or cost of the materiafl.lsed or
to 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, specifiCC!fions, contracts. or r;ost~ of construotion on any
highway or related project sf;lbm/tted (or approve' to the. Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
resP13cf to the character, quality, quantify, or cost of any work performed or to be performed. or matl7riels
(urn/shed or to be furnished, in connection with the construction of any highway or related project
approved by the Secretary of Trar:spoHation; or '
Page 17 of 24
EXHIBIT C
Fl-lWA-1273 Eleclronlc Verslon- March 10, 1994
lNhoever knowingly makes any false statement or, false representatfon as to material fac;t in any
statement. certificate, or report submitted pursuant to proYisions of the Federar-aid Roads Act approved
July 1. 1916, (39 Stat. 355). as amended and ~upp{emented;
shall be fined lJot more that $10,000 or imprisoned not more than 5 years or both."
X., IMPLEMENTATION OF CLEAN AIR ACT AND fEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid .construction contracts and to aU related subcontractS of $100,000
or more.)
By submission of this bid or the execution of this contract. or subcontract, as appropriate, the
bidder; Fede,ral-aid construction contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
O. That any facility that is or will be utl1ized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et gm.., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 'et ~., as
amended by P'ob.L. 92~SOO), Executive Order 11738, and regulations in implementation thereof (40
CFR 15) is noi listed, on the date of contract award, on the U.S. Environmenta.3 Protection Agency
(EPA)'List of Violating Facilities pursuant to 40 CPR 1520.
1. That the fmn agrees to comply and remain in cOmpliance with all the requirements of Section
114 of the Clean Air Act alid Section 30& or'the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EP A, indicating that: a facility that is or will be utilized for the
contract is under consideration to be listed on the EP A List of Violating Facilities. .
3. ' That the firm agrees to include ot cause to be included the requirements of paragraph 1 through
4 of this Section X ill every nonexempt subcontrac~ and further agrees .to take such' action as the
government may direct as a means of enforcing such requirements.
XL CERTIFiCATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLU~10N .
O. Instructions fot Certification. Primary Covered TransactIons:
(Applicable to all Federal.aid contracts - 49 CPR 29)
a. By signing and submitting this proposal, the prospective primary participant ,is
providing the certification set out below.
b. The inability of a person to provide tbe certification set out below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide. the
, <;:ertification set out below. The certification or explanation wi11 be considered in
,connection with the department or a.gency's determination whether to enter into
this transaction. However, failure of the prospective primary. participant to
furnish a certification or an explanation shall disqualify such a person from
participation in this transaction. ' .
c. The certification in this clause is a material representation of fact upon which
reliance was placed when the department OT agency determined to enter into this
transaction. If it is later determined that the prospective primary participant
Page 18 of 24
EXHIBIT C
FHWA-12T3 Electronic Version - March 10, 1994
knowingly rendered an erroneous certification, in addition to other remedies
available to tbe Federal Government, the department or agency may terminate
this transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to
the department or agency to whom this proposal is submitted if any time the
prospective primary participant learns that its certification was erroneous when
Submitted or has become erroneous by reason of changed circumstances.
e. The terms ~covered transaction," "debarred/ "suspended,11 "ineligible," "lower
tier covered transaction," "participant, n "person," "primary covered transaction,"
"principal, fr "proposal," and lIvpluntarilyexcluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of l1l1e:s
implementing Executive .aider 12549. You may contact tbe department or
agency to ........hich this proPosal is submitted for assistance in obtaining a copy.of
those regulations. '
f. . The prospective primary participant agrees by submitting this proposal that,
should the proposed povered. transaction be e~tered into, it shall not knowingly
enter into any lower tier covered transaction with a peJi'son who is debarred,
suspended, declaretI ineligIole, o'r volutitarily ~c1uded p:om p~cipation in. this,
co'Vered transaction, unless authorized by' the department or agency enterin.g into
tliis transactjon. "
g. 'J.11e prospective primary participlplt further agrees by submitting "this propo~al
that it will include th~ clause, titled "Certification Regarding. pebannent,
SuspensioD,' fneligibility and Vohmtary' Ex.clusion~Lower Tier Covered
Transaction," provided by the department or agency entering into ~s covr;:red.
transaction, without modification;. in all lower tier covered transactions and in all .
.solicitations for lower tier covered transactions,' , .
b... A participant iri a covered trans.action lllay. rely upon a certifiCation of a
prospective participant in a lower tier ,covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from 'the covered trB.DS?l-ction,
unless it !mows tbat the certification is erroneoUS. A participant may decide the
metbod and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the nonprocurement portion
of the"lIUsts of Parties Ex.cluded Prom. Federal ProcUrement OT Nonprocurenient
Programs" (Nonprocurement List) which is compiled by the General Services
Administration.
j. Nothing contained in the foregoing shall be construed to require establishment
. of a system of records in order to. render in good faith the certification required
by this clause. The knowledge and information of participant is not required to
exceed. that which is normally possessed by a prudent person in the ordinary
course ofbusiness dealings.
J. Except for transactions authorized under paragraph t of th ~e 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 voluntan1y
excluded from participation in this .transaction, in addition to other remedies
available to the Federal Government, the department or agency may tenninate
this transaction for cause or default. .
* * * *'*
Page 19 of 24
EXHIBIT C
rHWA-1273 Eleclron\c Version- March 10.1994
. .
Certification Regarding Debarment, Suspension, IneligIbility and Voluntary Ex:.clusion-
Primary Cevered TransactIons
11. The prospective primary participant certifies to the best of its knowledge and belief, that it and
its principals:
a. Are not presently debarred, suspended) proposed for debarment, declared ineHgtble) or
voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not \?'Jithin a 3-year period preceding this proposal been convicted of or had a civil
judgement rendered against them fOT commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or perfonning a pu'bIic (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, 'making false statements,
or receiving stolen prop~
c. Are not presently indicted for or otherwise criminally or c;ivil1y cbm:ged by a governmerital
entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of
this certification; and .
d. . Have not within a 3~year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default
12. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
****'"
1.
InstrucUons for Certification - Lower Tier Covered Transactions:
, .
. ~
(Applicable to all subcontracts, purchase orders and other lower tier transactions of
$25,000 or more- 49 CFR 29) .
By signing and submitting this proposal, the prospective lower tier is providing the certi.fi.cati~n
set out below. .
a. The certificatioJ.l in this clause is a material representation of fact upon whicb reliance was
placed when this transaction was entered into. If it is later determined that the prospective' lower tier'
participant knowingly rendered an erroneous certificati9D, in addition'to other rem'edies available to the.
Federal Government, 'the department. or agency with which this. transaction originated may pursue
available remedieS, including suspension and/or debarment.
b. The prospective lower tier participant shall provide immediate written notice to tbe person to
which this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
c. The terms ."covered transaction," "debarred," "suspended)" "ineligible," '!primary covered
transaction," Ilparticipant," "person," "principal)""proposal," and ItvoJuntarlly excluded," as used in this
clause, have the meanings set out in the' Definitions and Coverage sections of rules implementing
Ex.ecutive Order 12549, You may contact the person to which this proposal is sv-bmitted for assistance
in obtaining ,a copy oftbose regulations. " .
d.. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into> it sball.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 aut:honzed by the department or agency \vith which this
transaction originated.
Page 20 of 24
EXHIBIT C
FHWA-'t213 Electronlc: Version - March 10. 1994
e. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding)Jebarment, Suspension. Ineligibility nnd Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactioPS.
f. A participant in a covered transaction may rely upon a certification of a prospective participant
.in a lower tier covered transaction that is not debarred, suspend~ ineligible. or voluntarily ex.cluded.
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency' by which it detennines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. Tbe knowledge and
infonnation of participant is not required to exceed tbat which is nonna11y possessed by a prodent
person in the ordinary course of bus mess dealings.
h. 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, ine1iglble, or voluntarily excluded from participation in this transaction, in
, addition to other remedies avmlable to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies. incl udin~ suspension and/or debarrnenL
*****
.
Certification Regarding Debarment, Suspensiotl. IneligibilitY and Voluntary Exclusion-
lower Tier Covered Transactlons;
9. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed fOT debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
10. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach .an explanation to this proposal.
*01:01:**
XII. CERTIFICATION REGARDING USE Of CON'fRACT FUNDS FOR LOBBYfNG
.(Applicable to all Federal...aid construction contracts and to all related subcontracts WIDen
. exceed $100,000 - 49 CFR 20)
o. The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his OT her knowledge and belief, that:
No Federal appropriateq. funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
Federal agency,.a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
, Federal grant, the making of any Federal1oan, the.entering into of any cooperatiye agreement, and theuextension., continuation, renewal, a,mendment, or modification of a~y Federal contract, grant, Joan, or
coo-perative agreement.
a. If any funds other tban Federal-appropriated funds have been paid or will be paid to any person
for,influencing or attempting to influence ah 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
Page 21 of 24
EXHIBIT C
FHWA-1Z73 Electronic Version - March 10, 1994
with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and,
submit Standard Form:'LLL, llDisclosure Fonn to Report Lobbying," in acccrdance with its
instructions.
1. 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 tra.1!saction imposed by 31 U.S.C: 1352. .Any person who fails to file the required
certification shall be subject to a civil penalty ofoot less than $10,000 and not more than 5100,000 for
each such failure.
2. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be i;1cluded in aU lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify an~ disclos~ accordingly.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPAlACHIAN CONTRACTS
(Applicable to Appalachian contraots only.)
3. During the performance of this contract, the contractor undertaking to do'work which is, or
reasonably may be, done as on-site work, shan give preference to' qualified persons who regularly
reside in the labor area as designated by the DOL wherein the contrae:t'work is situated, or the
subregi!m, or the Appalachian counties of the State wherein the contract work'is situated, except
To the extent that qualified persons regularly residing in the area are not available.
a. . For the reasonable needs of the contractor to ~ploy supervisory or specially experienced
personnel necessary to assure an efficient execution of the contract worle.
b. . For the obligation ofthe contractor t<? offer-employment to present or former employees as the
result of a lawful collective bargaining contract, pr9vided that the number of nonresid~nt persons
employed under this subparagraph 1 c shall not exceed 20' percent of the total number of employees
. -, employed by the contractor on the contrilct work, except as provided in subparagraph 4 below.
4. The contractor shall place a job order willi the State Employment Serv1ce indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the contract work~
(b) the number of employees required io 'each classification~ (c) the date on which he estimates such
employees will be require~ and Cd) 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 Emp]oyme~t
Service in writing or by tel.ephone. If during the cOUrse of the contract work) the in~OI:mation submitted
by the contractor in the originai job order is subs'tantially m6difled. he shall Prortiptl;tnotify the 'state
Employment Service.
5. 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 Qpinioo, are not qualified to perform the classification of work. required.
6. If) within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employinent Servioe is unable to refer any qualified job applicants to
the contractor, or less than the number requested, the State Employment ~ervice wiD forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a
part ofthe contractor's permanent project records. Upon receipt of this certificate, the contractor may
employ persons who do Dot nbrmaUy reside in'the labor area to, fill positions covered by the certificate,
notwithstanding the provisions of subparagraph 1 c above.
7. The contractor shall include the provisions of Sections] through 4 of trus Attachment A in
every subcontract for work which is, or reasonably may be, done'as on-site worle.
This page las1 modified on March 11, 2005
Page 22 of 24
EXHIBIT C
29 C~R Part 635.410 Buy America Requlremen{s
23 CFR Part 635.410 Buy America Requirements.
(a) The provisions of this section shall prevail and' be given precedence over any
requirements of this subpart which are contrary to this section, However, nothing In this
section shall be construed to be contrary to the requirements of s635.409(a) of this subpart.
(b) No Federal-aid highway construction project is to be authorized for advertisement or
otherwise authorized to proceed uryless at least one of the following requirements is met:
(1) The project either. (i) Includes no permanently Incorporated steel or iron materials, or (ii) if
steel or iron materials are to be used, all manufacturing processes, including application of a
coating, for these materials must occor in the United States. Coating Inc.ludes all processes
which protect or enhance the value of the material to which the coating is applied.
(2) The State has standard contract provisions that require the use of domestic materials and
products, including steel and iron materials, to the same or greater extent as the provisions
set forth.in this section.
(3) The State elects to include alternate bid provisions for foreign and domestic steel and iron
materials Which comply with the following requirements. Any procedure for obtaining alternate
bids based on furnishing 'foreign steel and Iron materials which Is acceptable to the Division
Admll1lstrator- miiiY be used. The contract provisions must (i) require all bidders to submit a
bid based on furnishing domestic steel and Iron materials, and (it) clearly state that the
contract will be awarded to the bidder who submits the lowest total bid .based on furnishing
domestlc'steel and iron m,aterfals unless such total bfd exceeds the lowest total bid based on
furnishing foreign steel and iron materials by more than 25 percent
(4) When steel and iron materials are used in a projeot, the requirements of this section dp
not prevent a minimal use of foreign steel and Iron mate'rials, If the cost of such materials
used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or
$2,500, whichever Is greater. For purposes of this paragraph, the cost is that shown to be the
value of the steel and iron products as they ~re delivered to'the project. .
(c)(1) A state may request a waiver of the provisions of this section if,
(i) The application of those provisIons would be inconsistent with the public interest; or
(ii) Steel and iron materials/products are not produced in the United States in sufficient and
reasonably available q1..lantitles which are of a satisfactory quality.-
(2) A request for waiver, accompanied by supporting information, must be submitted in writing
to the Regional Federal HIghway Administrator (RFHWA) through the FHVl/A DIvision
Administrator. A request must be submitted sufficiently in advance of the need for the waiver
in order to allow time for proper review and action on the request. The RFHWA will have
, ~ppn~val authority on the request. . ,
Page 23 of 24
EXHIBIT C
23 CFR Part 635.410 auy America Requirements.
(3) Requests for waivers may be made for speclfic projects, or f?r certain materials or
products in specific geographic areas, or for combinations of both, depending on the
circumstances.' "
(4) The denial of the request by the RFHW.A may be appealed by the State to the Federal
Highway Administrator (Admlnistrator). whose action on the request shall be considered
" ad ministratively final. '
(5) A request for a waiver which involves nationwide public interest or availability issues or
more than one FHWA region may be submrtted by the RFHWA to the AdmInistrator for
action.
(6) A request for waiver and an appeal from a denlal of a request must Include facts and
Justification to support the grantIng ofthe waiver. The FHWA response to a request or appeal
.wlll be in writing and made available to the public upon request. Any request for a natlonwide
waiver and FHWA's action on such a requMt may be published in the Federal Register for
public comment. "
(7) In determining whether the waivers described In paragraph (c)(1) of this section will be
granted, the FHWA will consider all appropriate factors including, but not limited to, cost.
admintstrative'burden, and delay that would be Imposed if the provision were not waived. "
(d) Standard State: and Federa"l-aid contract procedures may be used to assure compliance
with the requirements of this section.
[48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821., May 3,1984; 58 FR 38975, July
21,199~ " .
Page 24 of 24