Item #05 Approval of 2009-2010 Resurfacing Program
AGENDA ITEM COVER SHEET
Meeting Date: February 16, 2010
Item # 5
Contact Name:
Contact Number:
Stephen C. Krug
6002
Reviewed By:
Department Director:
City Manager:
Subject: 2009-2010 Resurfacing Program.
Background Summary:
The Public Works Team is proposing to resurface the following local City roads:
. Majestic Elm Blvd.
. Cedar Point Ct.
. Caballero Ct.
. Caballero Rd.
. Adeleide Ct.
. Baranova Rd.
. Dela Key Ct.
. Little Spring Hill Dr. (Della Key Ct. to Wurst Rd.)
. Little Spring Hill Dr. (Wurst Rd. to N. Durango Ave.)
. Spring Bluff Ct.
. 1ih Ave.
The total cost of resurfacing these streets is $213,438.50 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, dated April 23,2009. Public Works solicited quotes from other vendors,
however the quote from The Middlesex Corporation was approximately $25,000.00 lower than the next
closest bid.
Issue:
Request the City Commission to approve the resurfacing of local City roads with The Middlesex
Corporation.
Recommendations
Recommend approval of the resurfacing of local City roads with The Middlesex Corporation for
$213,438.50, based on the Seminole County Term Contract for Pavement Management Program, IFB-
600562-09/GMG, dated April 23, 2009.
Attachments:
Proposal from The Middlesex Corporation.
Seminole County Term Contract for Pavement Management Program, IFB-600562-09/GMG.
Financial Impact:
The $213,438.50 is adequately funded in the Public Works Streets Division budget.
Type of Item: (please mark with an "x'J
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
x Commission Approval
Discussion & Direction
For Clerk's DeDf 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
:::'
~..
Feb, 9. 2010
4:20PM
No. 5743
p, 1
- I
Estimate #: 11220-
Submitted To: GitY Of Ocoee
Address: 301 Maguire Road,
Ocoee, FL 34761
Da'te:
Phone: - -
Job Name:
Job Location:
Prop. Owned By:
2/9/2010
(407)905-3170 Fax: (407)905~3176
City Of Ocoee 2010 Rev 1
Ocoee,FL
Site
Contact:
Ken Bruce
1.
,FL STATE BID ITEM 327-70-1- Milling ExistingAsph Pavt(l" Avg Depth). (36,425 SY). This includes
all trucking and clean up of milled material. '
$1.50/SY
$54,637.50
2.
, ,
ASPHALT PAVING - Asphalt Paving 1" 8-3 (R) area ofapprox. 36,425 Sq.Yards, work to include: (All
Prep for paving by others, other than stated herein), sweeping,application of tack coat, installation of 1" of
Type S asphalt in 1 cowse(s). (The approximate tonnage required to perrorm the work in this item is 2,095.)'
Please Note: lit Please see attached spread sheet for street breakdown.
lit Based on Seminole County Contract # IFB-600562-09/GMG.
· Price includes Thermoplastic Stop Bars
it Price includes Performance and Payment Bond.
$75.80rrN
$158,801.00
ACCEPTED:
1M 8bo\ie pric.es, spl!CificaliDl1-' and conalllons ara sadBfsctOl)' and are hereby 8~ted,
CONFIRMED:
The Middlesex Corporation
Authorized t:.::\ ~ ~ ~
Signature .-- . _._ ____-,--
Title John Guemp}e, Estimato~;Project Manage'r '
Buyar
Signature
Date of Acceptance
10801 Cosmonaut Blvd., Orlando, FL 32824. Tel: 407-206-0077 · Fax: 407-206-3559
COMMITTED TO SAFETY AND QUALITY
Feb, 9, 2010 4:21PM
No. 5743
p, 2
City Of Ocoee
301 Maguire Road
Ocoee, FL 34761
Estimate #: 11220
Submitted To:
Address:
Contact:
Ken Bruce
Date: 2/9/2010
Phone: (407)905-3170 Fax: (407)905-3176
Job Name: City Of Ocoee 2010 Rev 1
Job Location: Ocoee, FL
Prop_ Owned By: Site
The total bid price is: $213,438.50
Special Notes:
· All asphalt and fuel escalations paid to the contractor by FDOT, 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
Standarcls 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 (PGi 76-22), then 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) ofwolk is based on all being performed at the same time In a single mobilization. If additional milling mobilizations
are required then an add~ional $1,500 will be charged for each extra.
t 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 werle being performed on this project.
. All of the above prices are based on the IJse of RAP (Recycled Asphalt) in the production of the hot-mix asphalt, per FOOT
Standards, unless item of worle 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 I,east 3 weeks advance notice in order to better assure timely SCheduling of the work required
for each mobil~ationlphase of paving.
. This is a UNIT PRICE proposal
. The Contractor Is to prOVide a clean water source within reasonable access of the project for Tha 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, c18anup and dIsposal of milled material. All milled material becomes the property Of THE
MIDDLESEX CORPORATION, Milling shall be accessible by main line mJlllng machine, WlII 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.
t 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.
· 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 1-112% or less slope on
plans or in the field conditions. The Middlesex Coporalion 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 it will not be the responsibility of The 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 lhis work.
· Du& to existing grades and conditions, we can not be responsible for 100% dralnage of surface water following resurfacing.
t 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 sp~cifically excluded from this proposal.
ACCEPTED:
The above pricqi, 5pec/flcadons and conllltlol\a are 8sllaraclory 8I\d 81~ ne....by 8"""'p\9d,
CONFIRMED:
The Middlesex Corporation
Authorized
Signature
Buyer
Signature
Date of Acceptance
i
I
-....-
Title John Guemple. EstirJ1ator/Project Manager
Feb, 9, 2010 4:21PM
No, 5743
P, 3
Estimate #: 11220
,
I .
j Contact:
Ken Bruce
219/2010 I
(407)905-3170 Fax; (407)905-31761
City Of Ocoee 2010 Rev 1 \
Ocoee,FL
Site
I Submitted To:
! Address:
Date:
Phone:
Job Name:
Job Location:
, Prop. Owned By:
.-- .---'---.--.. - ~
. Thicknesses quoted are "Nominal" thicknesses per F.D.O.T. specs.
· Wort< 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.
· 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 wo,rI<. The Middlesex Corporation
shall be entitled to receive final payment for all work performed by us to the date of cancellation within 15 days.
City Of Ocoee
301 Maguire Road
Ocoee, FL 34761
.'
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 89 prime contract from Owner with payment of retain age due within 60 days after completion of the wort< by
The MIddlesex Corporation.
ESTIMATE EXPIRATION: This estimate is valid for 30 days.
COMPLETION DATE OF THIS CONTRACT WILL BE: 3131/2010
MOBILIZATIONS: Price based on a 1 mobilization(s). Any additional mobilizations that may bacom! necessary will be $2,500.00 per mobilization.
SALES TAX: Prices include the applicable Florida sales tax on matarlals and other ralated taxable Items to be used on this project.
CONFIRMED:
The Middlesex Corporation
Authorized
Signature
ACCEPTED:
TIle above prIoaa. apildllcatlona BrKI condlllons are sallafaClory and are hereby accepted.
Buyer
Signature
Date of Acceptance
Tille John..GI.cI_~mpl~..I-l;stimator/Proiect Manager
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EHS 'ON
Wdll:v OlOl '6 'gaj
TERM CONTRACT FOR. PAVEMENT MANAGEMENT PROGRAM
(IFB-600562-09/GMG)
THIS AGREEMENT
~
is made and entered into this
023
day of
2orJ.!/-, 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 SEMJ:NOLE 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 County; and
WHEREAS, COUNTY has request~-~ received expressions of interest
for the retention of services of ~ctors; 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 Agreement
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 bo~ ~arties shall remain in effect until
'~i ~ .
delivery and acceptance of the mfterials/services authorized by the
Purchase Order.
SECTION 3 .
AUTHORIZATION FOR SER~CES.
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 establish 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
the negotiated Fixed Fee amount stated within each Purchase Order.
....r't~r
(b) For Purchase Orders i~~ur1\on a Fixed Fee basis, CONTRACTOR
di~ . .
may invoice the amount due based <5i1 the percentage of total Purchase
Order materials/services actually provided; 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 1B
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. ;"...'1".'['.
f \ ! '.
(b) COUNTY may perform or ~j.:~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.
(c) 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 within 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
remain liable to COUNTY in accordance with applicable law for any and
_...1r--~...
all damages to COUNTY caused bi'. ~0l,'JTRACTOR' s negligent or wrongful
~?~
provision of any of the mater~ls/services furnished 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,
a t any time, ei ther for COUNTY r s convenience or because of the fai lure
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, reports, estimates, surmnaries 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
floods, epidemics, quarantine
sovereign or contractual capacity, fires,
res~~ions, strikes, freight embargoes,
O".Ly
but in every case the failure to perform
enemy, acts of COUNTY in its
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
employee working solely
.".i'1.~--,
for CONTRAGTOR to solicit or secure this
, 1 Ii ' \
;:;) I ~
not paid 8F agreed to pay any person, company,
Agreement and that it has
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 dignity
herewith.
. .-r.";'t.~_..
SECTION 15. SUBCONTRACTORS .j\ kIf'\the event that CONTRACTOR, . during
~rb
the course of the work under this 4rgreement , requires the services of
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 subcontractors 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 longer
required to be
COUN1f(~i th
~L I,
no t l:cls '<:;:;7 than
maintained by
CONTRACTOR,
CONTRACTOR s hall provide
a renewal or
replacement
Certificate of Insurance
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 ~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 of Insurance,
if required by COUNTY, CONTRACTOR shall 'r!j.thin 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
authorized as
a group
self-in6i~ 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 wi th a di f feren t
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 o'therwise 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 Agreement
,>
completion date.
The amounts and types of insurance shall conform to
the following minimum requirements.
(l) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR's insurance shall cover CONTRACTOR for
....,.".,......
liability which would be covered ~1 t.se latest edition of the standard
Workers' Compensation Policy as fiI€d" 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 I 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 01), 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
elimination of coverage for Fire n~~e Legal Liability.
7 \. J 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 01),
as filed for use in the State of Florida by the Insurance Services
Office, without 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
~~,
insurant~i~~ovided
. ,J.\' \
~-'\..~i ~
-'.~.~- .
on a pr1mary bas1s
by CONTRACTOR pursuant to
this Agreement shall apply
and any other insurance or
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.
Compliance wi th the foregoing insurance
(f)
OBLIGATIONS.
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 \\lith 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, II 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
....,,"f1-.........
procedures set forth in subsecti.,Pf1ll~) above of which CONTRACTOR had
~ j "c:>'
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 mediation 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 ),-,~^.........., referred in this document.
Agreement are not containeq !~ to
I I (
8,~
Accordingly, it is agreed that no ~viation 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 shquld 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
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 provjded 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
.AJ".,..
to comply with Article I, Sectionf~.~~^Florida Constitution, and Chapter
~'b,,~
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 either party desires to give
notice unto the other, it must be given by .W'ritten 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 bave 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:
I
_.
IN WITNESS WHEREOF, the par~i~~~ereto have made and executed'this
~~ i ~-~
Agreement on the date below writte;(~f~~ 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
r7 c6J(
BOB DA
ATTEST:
By:
MARY
Clerk to the Boar
County Commission
Seminole County,
Date:
/j- {)3 ~!Jf
For the use
of Seminole
As authorized for execution
by the Board,of County Commissioners
at their ~ Ie.( ,20 tJtj
regular m ting.
Approved as to form and
legal S??1~~
County ~
AEC/sjs
3/2/09
P: \lJsel"lii\Legal Secretary CSB\ ~rC'hos inQ 2009 \1\QX'eeftW3nts\IFS-600S62 -09 ~ Middlesex Corp . doC'
Attachments:
Exhibit A - Scope of Services
Exhibit B - Sample Purchase Order
!\i)\
'-:) ...d:,,;;7
Pavement Management Program
The Middlesex Corporation
IFB-600562-09/GMG
Page 18 of 18
Exhibit "'A' ~
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, materiais,
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 FDOT pre-
qualified at time of bid opening. '
Applicants are required to supply asphalt to Seminole County from their own FDOT 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 VII: 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 (FOOT) Standard
Specification for Road and Bridge Construction and subsequent revisions.
The requirements of FOOT 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 FOOT 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 FOOT 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 FOOT 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 FOOT 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 FOOT 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: (Labor/Equipment/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, bittIeton, MA 01460
Street Address: One Spectacle Pond Road
City/State/Zlp: Littleton, MA 01460
FAX Number:
978 ,) 742-4400
978 ) 742-4434
Phone Number:
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@mdIsxco,com
Emergency No.: 407-427-7076
Name: Telephone No.:
Fax No.: E-mail address:
Emergency No.:
Pursvant to and in compliance with the Invitation for Bid, Instructions to Bidders, and th~ 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~ and agrees to provide
services in a workmanlike manner and in strict conformity with Contract Documents, including
Addenda Nos. 1 ' through t{ , 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 proposes and 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 Do.cuments; 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 may be) 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
and 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 promises to pay
COUNTY's reasonable attorney's fees and costs (including attorney's fees and costs on
appeals) Incurred with or without suil '
IN WITN~SS WHEREOF, BIDDER has hereunto executec! this PRICE SCHEDULE FORMS
this lOth day of February , 20--2L. "
The (~~~~xo~B1DDt~R)
"
',' .
(S
David,Socci, Senior Vice President Estimating , ;
(Printed name and title of person slgnin~f fQRM)
13
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FLORIDA SALES: 69-11~33995-53C
FEDERAL SALESlUSE: 59-74-0013K
Board of County Commissioners
Seminole County, Florida
ORDER~
Page 1
EXHIBIT B
..' "
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SAMPLE PURCHASE OROER
"
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<:~SEM1NOLE', C01JNT,Y
..J:lOmDA'S ,NATURAl CHOICE
,I. . ..,.1''';
THis'b~DER IS SU~~CT T\J THE TER!vlS & CONprnONs ON THE REVERSE SIDE OF THIS ORDER.
. .~ 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
ORDER NUMBER:
FOR INDUIRlES REGARDlllGTHIS ORDER. CD:JTACT:
FISCAL SERVICES DEPARlJIIENT. PURCHASING AIID
COHTRACTS DMSlON
1101 E. 151 STREET. COUNTY SERVICES BLDG. - RM #3208
SANFORDFLORlD~32T71, .
PHONE; (407) 665-7116/ FAX: (407) 665-7955
TOTAL AMOUNT
PURCHASiNG AND CONTRACTS DIVISION -AUTHORIZED SIGNATURE
for. SEMINOLE COUr-rrY BOARD OF COUI'ITY COMMISSONERS
EXHIBIT C
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200'7
FLORIDA DEPARTMENT OF TRANSPORTATION
DISTRICT 5
Federal Highwayi ~dmin1.stratioh
Emergency Relief Program
Local Govemments that suffer serious damage on Federal-aid highways as a result of a n.atural
Clisaster or catastroph.ic failures from .an external calise may be eligible for Emergency Relief
:funds from FHW A Emergency Relief funds are av~ilable for pennanent repairs and
emergen.cy repairs.
For complete details on the ER PrOgTaJ.l1, please refer to the Emergency Relief Manual. The
electronk version may be accessed at ?;.'WW.fhwa.dot.2'ov/reoorts/erm/index.htrn
For questions concerning "Permanent Repairs" contact~
. Tom M~oscoso
FDOT District 5
S'Pec~al Projecm SUliervisor '
{386) 94 3~5466
SUncom 373~5466
J:b.on:ias.moscoso@dot.state.tI.l1B
For questions concerning ''Emergency Repairsll contact~
~irley Matthews
roOT District 5
]P A Coordinato!,
(386) 943-5452
SUncom 373.5452
shirley, ma tthews@dot.state.fl. us
Page 1 of 24
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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 Dr referred to in 23 CFR Part 633A.
a. Third party agreements must be negotiated, soficited or openly bid by the
Local Government
b. lnclude provisions mandating compJfance with, Davis-Bacon wage rates
and incluae the wage rate tables In the agreement, said tables being
available at: http://www.dot.state.fl.us/constructlonlwaQe.hbn .
Davis-Bacon does not apply to debris rs!moval agreements,
, .
c. Include the URequired Contract Provisions for Federal-Aid Construction
Contracts" (FHWA -1273) a copy of which is attached hereto.
d. 'Mandate compliance with Federal "Buy America Requirementst>, a copy
whIch is attached hereto. .
e. Mandate coordination. by the Local Government and, the third party
contractor with .the Department to assure compJiance with the
requirements of the National Environment Policy Act {NEPA} of 1969.
f: Mandate compliance with 49 CFR Part 26, Disadvantaged Business
Enterprise Program~ including the requirements for the Contractor and lor
the Locar-Government to report monthly on'the Equal Opportunity
Reporting System on the Department's website found at
www.bfpincwebaws-.coril/bfzwebfIoridal . '
g. Mandate complIance with all requirements as imposed by the American
with Disabilities' Act of 1990 (ADA), the regulations of the Ferneal
government issued thereunder, and assurance by the Local Government
pursuant inereto.
h. Mandate compliance with th~ convict I~bor prohibjtion in 23 U.S.C. 114.
Convlct labor cannot be used in Emergency Reli~f ?onstruction projects,.
Environmental Consrderatfons:
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 fravel, minimize the extent of damage. or protect
remaining facilitles are normally classified as categorical exclusions under 23 CFR 771.117(c)(9), 8!? are E:R
projects to restore permanently the existing facilfty in-kind at the exIsting locaflon, ref. 23 CFR Part 771.117( d).
Page 2 of 24
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However. if impacts to protected or otherwise sensitive or high-value resources are possible. advance
coordination with the appropriate local, State, and Federal resource agencies shoufd be closely considered to
avoid or minimize project delays or shutdowns.
On occasion, an ER project that includes a betterment. whether or Flat eligible for ER funding. may require
further NEPA review, Although on the surfBce 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 Ulustraled by the following example:
t:'rolect Betterment Requiring Environmental Evaluation
When repairing a section of roadway Inundaled and seiiously damaged by floodwaters, it was determined that a
grade raise could be eoonomically Justifie? for ER funding. RaIsing the grade' of the roadway will require small
amounts of additional rIght-of-way from adjacent wetland areas, In addition, in future flood events. the higher
roadway grade could impound additional water and flood other upstream areas. At. a result of the pTOject'~
potential Impact on wetlands an.d future floodIng patterns, further evaluaUon was necessary to determine the
approprIate level of NEPA documentation.
The NEPA project development process provldes the final Federal-aid highway project decIsion, occasionally
including a facility on neVf location. As noted above. ER projects to construct replacement facUltIes may require
environmental assessments- or environmental Impact statements, depending on the potential/eve! of impacts to
resources, the value of the resources, and what, If any, iegal Protectlons apply to the resources. However, even
replacement facilities constructed at the existl~g location of the damaged facility may require extra
environmental evaluation beyond that needed for a routine categorical exclusion. TheSe situations are i1fusfrated
by the follov.;ng exam pies:
Replacement at New Location.
A roadway was permanently submerged by water backlng up behind a naturally created dam, and it has been
determined replacement of the inundated highway fa'cility at Its existing location is neither practical nor feasible,
and' various'alterriate locations may be available to relocate this section of highway. The NEPA process
. '
documents consideration of appropriate project alt~rnattves and their polentlallmpacts and determines that the
preferred altematlve l~ replacement of the old facility on a specific new location or site. Although a categorical
exdusion can be used If circumstances merit, early environmental coordination may detennine that an EA or an
EIS 'is necessary 10 do this: .
Replacement at ExIsting Location
An existing bridge over a river has been dam~ged beyond repair but can be replaced with a bridge of
comparable width and length at lfie same IDeation. However, this section of river contains critical habitat for a
, Federally, fisted endangered species, Which would be seriously Impacted during the scheduled construction
period. As a result of thIs 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-1273l:lactrooic VersIon - March 10.1994
Required Contract Provisions Federal-Aid Construction
Contracts
L General
II. Nondiscrir;nination
III. Nonsef!Ie~ated Facilities
IV. Payment of Predetermined :Minimum Wage
V. Statements and Payrolls
VI, Record of Materials. Supplies. and Labor
VII. Subletting: or Assigning the Contract
VI H. Safety: Accident Prevention
IX. False statements Concerning Highway Protects
X, ImQleroentation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment. Suspension Ineligibility. and Voluntary Exclusion
XII. Certification Regarding Use ofContraot Funds for Lobbving
Attachments
A. Emplovment Preference for AO'Palachian Contracts (included in Appalachian contracts only)
I. GENERAL ,
1. These contract provisions shan apply to all work performed on the contract by the
contractor's own organizatioJ;l and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the contract by piecework,
station work, or by subcontract.
2_ Except as otherwise provided for in each section. the contractor shall insert' in each
subcontI:acf all of the stipulations contained in tbese Required Contract Provisions~ and
further require their inclusion in any.lower tier subcOntract or purchase order tpat may
in turn be made, The Required ConlIact Pro.visions shaJl 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 ContractProvisioDS. '
3. A breach of ar:J:y of the stipulations contained in these Required Contract Provisions
shall, be sufficient .grt;unds for termination oftbe contr~ct.
4. A breach of the following clauses of the Required Contract Provisions may also be
grounds for debannent as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section 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 Provi~ions shall not be subject to the
general disputes clause of this contract. Such disputeS shall be resolved in accord~nce
.wi t~ the procedures of the U.S_ Department of Labor (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
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EXHIBIT C
FHWA-1273 Electronic Version - Match 10, 1994
8. discriminate agllinst 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), 01'
b. b. employ convict tabor for any purpose within the limits of the project unless it is labor
performed by convicts who are on p~role, supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid construction contra~ts 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
under laws, executive orders, niles, regulations (28 CPR 35,29 CFR ]630 and 41 CPR
60) and orders of the Secretary of Labor as modified by the provisions prescribed
herein. and imposed pursuant to 23 V.S.C. 140 shall constitute the BEO and specific
affinnative action standards for the contractor's pr~ject activities under this contract.
The Equal Opportunity Constroction Contract Specifications set forth under 41 CPR 60-
4.3 and the provisions of the American Disabilities Act of 1990 (42 D.S.C. 12101 et
~.) set forth under 28 CPR 35 and 29 CFR 1630 are incorporated by re~er.ence in tlris
contract. In the execution of this contract, the contractor agrees to cOmply with the
following minimum specific requirement a.ctivities ofERO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of h;slher
activities under the cOntract
b, The confractor win accept as his ope::ating.policy the follow~g statement
"It is the policy. of this Company to assure that applicants are employed. and that
employees are treated during employmenl., without regard to theIr race, religion. sex,
color, natl,onal origin, age or disability. Such action shall incl,ude: employment;
upgraqing, demotIon. or transfer; recruitment or recruitment advertising; layoff Dr
terminationj rates of payor other forms of compensation; and selection for training.
Including apprenticeshIp. preapprentlceship, and/or on-th~Job tralOlng." .
2. EEO Officer: The contractor will designate and make known to the SEA' contracting
. officers an BEO Officer who will have the responsibility for and must be capable or"
effectively administering and promoting an active contractor program' of EEO 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~sPonsibilities to provide EEO
in each grade and classification of employment To ensure that the above agreement
will be met, the following' actions win be taken as a minimum: '
a.' Periodic meetings of supervisory and personnel office employees' will be
conducted before the start of work and then not less often th:an once every six
months, at which time the contractor's BEO policy and its implementation will
be revi ewed and explained:The meetings will b~ conducted by the EEO' 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 contractor's
Page 5 of 24
EXHIBIT C
FHWA-1Z73 E1ec1ronlc Verslon- March 10,1994
BED obligations within thirty daYEJ following their report~ng for duty with the
contractor.
c, All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractor's pro?edures for locating and
hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in
areas readily accessible to employees, applicants for employment and potential
employees.
e. The contractors BED policy and the procedures to implement such policy will
be brought to the attention of employees by means of meetings, employee
handbookst or other appropriate means. .
,4. Recrul~ent: When advertising for employees, the contractor will inplude in all
adv~serI1ents fOT emp]oye~ the Dotation: "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 norma11ybe derived. "
a. The contractor Will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through pub1i~ and private employee referral
sources likely to yield qualified minority group applicants. To meet this
'reqttirement.,the contractor will identify sources of potential minority group
emplpyees, and establish with such identified sources procedures whereby
'minority group, applicants may b.e referred to the contractor for employment
consideration.
, b, In the event the contractor has a y~1id 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
EEO 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 fOi employment.. Information and procedures with regard to referring
minority group applicants will be discussed with employees. '
5. Personnel Actions: Wages. working Conditions. and employee benefits shall be
established and, administered, and personnel actions of every type, including rnnng. '
upgrading, promotion, trimsfer, demotion, layoff, and terminatio~ shaU be taken
without regard to race, color, reIigion~ sex, national origin, age or disability. The
following procedures shall be followed: '.
a. .The contractor will conduct periodic inspeciions of project sites to insure tllat
working conditions and employee facilities do not indicate ,discriminatory
treatrn enf of proj eet site personnel.
b. The contractor will periodically 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
deter:rp.ine whether there is evidence of discrimination. Where evidence is found,
the contractor will promptly take corrective action. If the review indicates that
the discrimination may extend beyond the actions reviewed, such 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
"
, FHWA-1ZT3 EleclronicVersioTl- 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, sucb corrective
action shall include such other persons.- Upon completion of each investigation,
the contractor will inform every complainant of aU of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of
minority group and women employees, and applicmts for employment.
b. Consistent with the contractors work force requirements and as pennissible
under Federal and State regulations. the contractor shall make full use of
training programs, i.e., apprennce~hip, and on~the-job training programs for the
. geographical area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shall 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 fOT each.
d. The contraq.tor will periodically review the training and promotion potential or
minority group and women employees and wi11 encourage eligible employees to
apply for such training and promotion.
7. Unrons: If the contractor relies in whole or in part upon unions as a source of
employees, the contracto~ win use his/ber best efforts to obtain the cooperation of sucb
uniorls 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 directfy 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 the unions,
joint training programs aimed toward qualifyiJ;lg m~re minority group members
and women for membership in the unions and increasing the skills of minority
group employees and women so tbat they may qualify for higher payfug
employment., .
b. The contractor w:i1l Use best efforts to incorporate an EEO clause into each union
agreement to the end that such union wm be contractually bound to refer
applicants without regard to their ra~ color, 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 except that to the extent such information is within the exclusive
possession of the labor union and such labor unioD refuses to :furnish such
information to the contractor, the contractor shall so certify to the SHA and shall
set fortb what efforts have been made to obtain such information.
d. In the event the union is illlable to provide tbe contractor with. a reasonable flow
of minority ?I1d worne~ referrals within the time limit s~t forth in the collective
bargaining agreement) the contractor will, through independent recruitment
efforts, fill the employment vacancies without regard to r~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 heldthat 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 E1ec:lronlc Version - March 10,1994
employees,) In the event the union referral practice prevents the contractor from
meeting the obligations pursuant to Executive Order 11246, as amended, and
these- special provisionst such contractor shall immediately notify tpe SHA-
g, Selection of Subcontractors, Procurement of Materlatsand Leasing of Equipment~ The
contractor shall not discriminate on the grounds of race, color, religion) sex, national
origin. age or disability in the selection and retention of subcontractors, including
procurement ofmatenals and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of hislher
BEG obligations under this contract.
b. Disadvantaged business enterprises (DEE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to
solicit bids from and to, utilize DBE subcontractors or subcontractors with
meaningful minority group and female representation among tbeir employees.
Contractors shall obtain lists ofDBE construction firms from SHA personneL
c. The contractor will use his best efforts to ensure subcontractOT compliance with
their REO obligations.,
9, Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of'
three year~ following completion' of the contract work and shalf be available at '
reasonabl e times and places for inspection by authorized representatives of the SHA and
the FHWA.
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 Dppo~ties for minorities and
women;
3. The progress and efforts being made in locating, b.iring, training,
qualifying, and upgrading minority and female employeesj and
4, The progress and efforts 'being made in sectiring 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 lion-
minority group employees currently engaged in each work classification
required by ,the contract work. 1:his 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 conect and report training data.
Ill. NoNSEGREGATED FACILtTIJ:S '
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 0,000
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 appropriate, cert~fies that the firm does. not
maiotain or provide for its employees any segregated facilities at any of its establishments) and that the
firm does not pennit its employees to perf anTI their services at any location, under its control, where
Page 8 of 24
EXHIBIT C
FHWA-1Z73 l':lectronicVersion.. March 10,1994
segregated facilities are maintained. The finn agrees tbat a breach of this certification is a violation o'r
the EEO provisions of this contract. The finn fqrther certifies l:11at no employee will be denied access
to adequate facilities on the basis of sex or disability,
b, As used in this certification, tbe 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 entertainment areas,
transportation) and housing facilities pro-vided for employees which are segregated by explicit
directive, or are, in fact, segregated on tbe basis of race, color, religion, national origin, age or
disability, becanse. 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 rnaterl81 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 91assified as local roads or rural minor
collectors, which are exempt.) ,
O. General:
a. All mechanics and laborers employed or working upon the site of the work will
be paid unconditionally and not less often than once a week and, witbout
subsequent deduction or rebate DD any account [except such payroll deductions
as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor
W1der the Copeland Act.(40 U.S.C. 276c)] the full amounts of Wages 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 determination of the Secret\lIY of Labor (hereinafter "the wage
determination") which is attached hereto ,and: made a part hereof, regardless of
any contractual relationship which may bea11eged to erist 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-1:321)
or Fonn FHWA-1495) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where
it can be easily see!l by tbe workers, Por the purpose of this Section.,
contributions made or costs reasonably anticipated for bona fide fHnge benefits
under Section '] (b)(2) of the Davis-Bacon Act (40, D.S.C. 276a) on behalf of
laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of Section N, paragraph 3b, hereof. Also) for the
pmpose of tbis Section, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or
prograrns~ which cover th~ particular weekly peq.od, are deemed, to be
constructively made or incurred during such weekly penod. S~ch laborers and
mechanics shall be p,aid the appropriate wage rate and fringe b~efits on the
wage determination for the classification of work actually perfonned, without
regard to skill, except as provided in paragraph~ 4 and 5 oftms Section IV.
b.. Laborers or mechanics performing work in more than ODe classification may be'
compensated at the rate specified fOT each classification, for the time actually
Page 9 of 24
EXHIBIT C
A-lWA-1273 Eleclronlc Ve.rslon - March 10,1994
worked therein, provided, tbat the employer's payroll records accurately set forth
'the time spent in each classification in which work js performed,
c. All 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. 3HA contracting officer shall require that any class of laborers or
mecbanics employed under the contract, which is not listed in the wage
determination, shall be classified in confonnance with the wage determination.
b. ~e contracting officer ~hall approve an addirional 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 aqditional classification is utilized in the area by the constmction
industry;
3. the proposed wage rate, including any bona fide mnge benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
4~ with. respect to helpers. when such a classification prevails in the m;ea in
-'wbich the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives,
and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefitS where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL, Administ:l;ator
of the Wage and Hour Division, Employment standards Administration,
Washington, D.C, 202]0. The Wage and Hour Admllrlstrator, or an authorized
representative, will approve, modify, or disapprove every' additional
classification action within 30 days of receipt and so ,advise the contracting.
officer or will notify the contracting officer within the 30-day period that
additional tjme is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborerS or
meohanics to be employed, in the additiq,nal classification or their
representatives) and. the contracting officer do not' agree on the proposed
classification and wage rate (including the amount designated for fringe
benefits) where appropriate), the contracting offic~shall refer the questions)
including the views of all interested parties and the recommendation of the
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 win notify' the
contracting officer within the 30~day period that additional time is necessary
e. The wage rate (including fri.nge benefits 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 first day on which work is
ped"onned in the clasSification,
2. Payment of Fringe B~neflts:
a. Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor or subcontractors, as appropriate, shall either pay the
Page 10 of 24
EXHIBIT C
FHWA-1273 E1ectronlvVers!on,- March 10, 1994
benefIt as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly case equivalent thereof. '
b, If the contractor or subcontractor, 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 wder a plan or program) provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
3. ' Apprenf:Jces and Trainees {Programs ofthe 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 Burea~ or if a person is employed in bislher first 90
days of probationary employment as an apprentice in such an
apprenticeship program, wbo 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
- eHglole fOT 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 force under the
registered program. Any employee listed on a payroll at an apprentice
, wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate listed in the wage
determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the
ratio p,ermitted under the registered program sb~ll be paid not less _than
_ theltppucable wage rate on the,wage determination for the work actually
performed. 'Where a contractor or subcontractor' is 'perfonning
construction on a project iri a locality other than that in which its
prDgram is registered. the ratios and wag~ rates (expressed in
percentages of the joumeyrn~-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 program for the appr~ntice's level of progress) expr~sed as a
percentage' of the journey.man~level hourly rate specified in the
applicable wage detennination. 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 fo~ the applicable classification. If the Administrator for
the Wage and Hour Division detennines that a different practice preyails
for the applicable apprentice classification, fringes shall be paid In
accordance with that deterrnination-
Page 11 of 24
EXHIBIT C
FHWA-1273 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 apprenticeship program, the contractor aT subcontractor wUl no longer
be pennitted 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~
L Except' as provided in 29 CFR S.l6t tnrinees 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 approvalt evidenced by formal certificaqon by
the DOL, Employment and Training Administration.
2. The ratio of trainees to joumeyman-level employees on the job site shalt
not be greater than permitted under the plan approved by the
Employment 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 excess of the
ratio permitted tmder the l:egisteted program shall be paid not less than
the applicable wagente on the wage determination for the work actually
perfonned.
'3.' Every trainee must be paicl at not less than . the rate specified in the
approved program for hislhe:r level of progress~ expressed' as a
percentage of the joumeym.an-level 'hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefitB in
accordance with the provisions of the trainee program. If the trainee
program aoes .not mention fringe benefits, trainees shall be paid the full
am01lllt of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associateq with the corresponding 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 progr~ the contractor or subcontractor will no
longer be pennitted to utilize trainees at lesS' than the applicable
predetermined rate for the work performed until an acceptable program
is approved.
c. Help,ers:.'
Helpers will be permitted to work on a projecllf the helper classifica~on Is speoified and
defined on the applicable wage, determination or is approved pursuant. to the
conformanoe procedure sel forth in Section IV.2, Any worker listed on a payroll at a
helper wage rate. who Is no! a helper under a approved definition, shall be paId not less
than the appHcable wage rate on the wage determination for the classification of work
actually performe?
Page 12 of 24
EXHIBIT C
"
FJ-MIA.1273 8ectron1cVerslon -Marc/l10, 1994
. ,
4, Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and tminees working under apprenticeship and skin training programs
which have been certified by the Secretary of Transportation as promoting EEG in
connection with Federal-aid bighway construction programs aTe not subject to the
requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for
apprentices and train~es under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeym en sha11 not be greater than
permitted by the terms of the particular program.
5. Withholdi~g:
The SHA sball upon its own action or upon written request of an authorized
representatiye of the DOL withhol~ or cause to be withheld, 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
sribcontractor the fuJl amount of wages required by the contraCt. In the event of failure
to pay any laborer or IDechanic~ including 'rmy apprentice, trainee, or helper, employed
or working on the site of the' work, all or part of the wages required by the contract, the
SEA contracting officer may, after written notice tl,J the ~ntractor, take such action as
may be necessary to cause the suspension of any 'further payment, adva:rice~ or guarantee
of funds until such violations have ceased. '
6. Overtime Requirements:
No contractor or subcontractor contracting for any part o~ the contract work wbicb
may require or involve the employmeht of laborers) mechanics, watchmen, or guards
(including apprentices, trainees, and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, ~echanic, watclui1an,.or guard in ,any workweek jn,
wbich he/she is employed on such' work; 'to work in exceSs of 40 hoUrs in such
workweek unless such laborer, mechsnic~ watchman~ or ~ard receives compensation at
a rate not less than one-and--one-balf times hislher basic rate of pay for all hours worked
in excess of 40 hours in such workweek,
7. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violalionof the
clause set forth in paragraph 7 above, the contraotor'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 fOT the District of Columbia or a territory) to such District"or
to' such territory) for liquidated damages. Such liquidated darnag~ shall be computed
with respect to each individual laborer, mecbanic} watchman} or guard employed, in
violation of the clause set forth in paragraph 7, in the sum of $1 0 for each calendar day
on which 'such employee was require:d or permitted to work in excess of the standard
Page 13 of 24
EXHIBIT C
FrM'A-1273 Elec:tronlcVersion.- March 10, 199~
work week of 40 hours without payment of the overtime wages reqUired by the c1ause
set forth in paragraph 7.
8. .. Wlthholdln9 for Unpaid Wages and liquidated Damages:
The SEA 'shall upon its own action or upon written request of any authorized
rePresentative of the DOL withhold, or cause to be withheld, from any monies payable
on account of work performed by the contractor or subcontractor under any such
contract or any other Fede1:al contract with the same prime contractor, or any other
Federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be detennined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated'damages as provided in the clause set forth in paragraph 8 above.
v. STATEMENtS AND PAYROLLS
(Applicable to all Federa1~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. Comptiance with Copeland Regulations (29 CFR 3)~
The contractor shall comply with the Copeland Regulations of the Secretary of Labor I/Jhioh are
herein Incorporated by referenoe.
1.
Payrolls and payron Records:
. a. Payrolls and basic records relating thereto shall be maintained by the contractor
and each suhcontractor during the course of the work and preserved for a period
of 3 ye:ars from tbe date of completion of the contract for all laborers,
mechanics. apprentices. trainees, watchmen, helpers, and guards working at the
site of the work. .
h, The payroll records shall cOntain the name, social security number, and address
of each such employee; his Of :Q.er correct classification;'l1ourly rates o{wages
paid (irrcluding rates of contributions .or costs anticipated for bona fide fringe
benefits or cash equivalent thereof the types described hi Section 1(b)(2)(B) of
the Davis Bacon Act); daily aIfd weekly number of hours worked; deductions
made; and actual wages paid. In addition, for Appalachian contracts, the payroll .
records shall contain a notation indicating whether the employee does, or does
'not, normally reside in the labor area as defined iJ:l Attachment A, paragraph 1,
Whenever the Secretary of Labor, pursuant to Section N. paragraph 3b, has
found ,that the wages of any laborer or mecbanic 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 flpancially
responsible, that the plan or program has been communicated 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 maintain written evidence
Page 14 of 24
EXHIBIT C
FHWA-1273 ElectronicVerslon- ~arch 10,1eB4
of the registration of apprentices and trainees, and nitios 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 8M resident engineer a payroll of wages
paid each of its employees (including apprentices, tJ:"aillees, 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
shall set out accurately and completely all of the infonnation required to be
maintained mder paragraph 2b of this Section V. This info1111atioD may be
subtUitled in any fOIlIl desired: Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents (Federal
stocK: number 029-005-0014- J), U.S, Government Printing Office, Washington,
D.C, 20402, The prime contractor is responsible for the submission of copies ~f
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 fuUowing:
1, that the payroll for the payroll period contains the infonnation required
to be maintained under paragraph 2b of this Section V and that such
information is correct and Qomplete;
2. that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payron period has been paid
the full weekly wages earned, witbout rebate. either directly or
,indirectly, and that no ded\lctlons have been made either directly or
indirectly from the full 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 end fringe benefits OT cash equivalent for the classification of
worked perform~ as specified in the app1icable wage detennination
incorporated into the contract. .
e. The weekly submission of a properly executed certification set forth on the
reverse, side' of Optional Form WH~347 shaU satisfy the requirement for
submission of the "Statement of Compliancell required by paragraph 2d of this
Section V. .
f. The falsification of aJ:lY ofthe above certifications may subject the contractor to
civil or crin;Iinal prosecution under 18U.S.C. 1001 and 31 D.S.C. 231.
g. The contractor or subcontractor shan 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 permit
such representatives to interview employees during working hours on the job. If
the contractor or ~bcontractor fails to submit the I"equited records or to :make
them available, the SHA, the FHW A. the DOL, or an may, after- .written notice
to. the contractor, sponsor, applicant, or owner, take such actions as may be
necessary to cause the suspension of any further pay'ment, advance"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
FHWA-1273E1eGtronicVerSion-March \0,1994
O. On aU Federa1~aid con!n:cts on the National'fljghway System, except those which provide
solely for the installation of pr01:ective devices at railroad grade crossings) those which are constructed
on a force account or direct labor basis) highway 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 shall; .
a. Become familiar with the list of specific materials and supplies contained in
Form FHWA-47) IlStatement of Materials and Labor Used by Contractor of
Highway Construction lrivolving Federal Funds," 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 worl; and also of the quantities of those specific
materials and supplies listed on Form FHW A-471. and in the units sbown on
Form FHW A-47. ,
c, urnish, upon the completion of the contra~ to the SHA resident engineer on
Form' FHW A..47 'together with' the data required in paragraph Ib
relativFurnishaterials and supplies, a final labor summary of all contract work
indicating the total hours worked and the to"tal amount earned.
1. At the prime contractors option, either, a single report covering all contract work 'or separate
r~orls for the pontractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSlGNING THE CONTRACT ,
0.. The contractor shan perform with its own 'organization con1ract 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 specialty items designated by the State. Specialty items may be
performed by subcontract and the amount of any such specialty items perfonned may be deducted
from the total,originaJ- C'ontra.ct price before computing. the amount otwork required to be perfonned
by the contractors own organization (23 CFR 635).
, a "Its own organizationll shall be construed to include only workers employed and
paid directly by the prime contractor and equipment owned or rented by the
prime contractor) with or without operators, Such term does not include
~loyees or equipment of a subcontractor, assignee, or agent of the prime'
contractor.
b,"Specialty Items" shall be constroed to ,be lim,ited to work that requiies highly
specialized know ledger abilities, or equipmerit not oJ.:dinanly available in the
type of contracting organizations qualified and expected to bid on the contract as
a whole and in general are to be limited to minor components of tbe 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 manufacttired products, which are to be purchased or
produced by the contractor under the contract provisions,
2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the fum, has full authority to direct performance of the work in accordance with the cbntract
requirements, and is.in,charge" of all,coJ1struction ope~tio~s (regardless of wbo-petfonn~ the work) and
(b) suqh other of its own organiza~orial reso~rcys, (~pervision, managementl and engineeriDg services)
as tjJ.e SHA cont"facting officer determines is necess'~ry to assure the perfotrilance of the contract,
3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA 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 tqe
contract. Written consent will be given only after the SHA has assured 'that each subcontract is
Page 16 of 24
EXHIBIT C
FHWA~1273 aeclronic Version - March 10, 1994
evidenced in writing and that it contains all pertinent pTOvisions and' requirements of the prime
contract.
VIII. SAFETY: ACCIDENT PREVENTION
O. In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, 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 tbe work covered by the contract.
1. It is a condition of this contract, iilld shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any" subco,ntractor sball not
permit any employe~ in performance oflhe contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to hislher health or safety, as determined under
construction safety and health standards (29 CPR 1926) promulgated by the Secretary of Labor, in
accordance with Section 107 ofthe Contract Work Hours 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 thereof, shall have right of entry to any site of contI:!1ct performance to
inspect or investigate the matter of compliance with the constrUction safety and health standards and to
carry out tbe duties of the Secretary under Section 107 of the Contract Work Hours and Sarety
Standards Act (40 U.S,C, 333).
OC FALSE SfATEMENTS CONCERNING HIGHWAY PB.OJECTS
In order to assure high quality and durable constmction in conformity 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 the project perform their functions as carefully, thorougblYt and
honestly as possible. Wi1lfuJ falsification. distortion, or misrepresentation ",it:li respect to any
facts related: to the project is a violation of Federal law. To prevent any misunderstanding
regarding the seriousness of these and similar acts, the following notice shall be posted on each
Federa1~aid highway project (23 CFR 635) in one or more places where it is readily 'available to
all persons concerned with the project:
NOTICE TO ALL ~ERSONNEL ENGAGED ON FEDERAL~A1D K1GHWAY PROJECTS
18 U.S,C. 1020 reads.as follows:
"Whoever, being an officer, agl:nt, or employee of the United Slales, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly.makes any false sfatement,
false reprf;senlat!on. or false report as to the character, quality, quantity, or cost of the material used or
to be used, or the quantity or quality of the work performed of to be performed. or the cost thereof in
conm~ction with the submission of pians, maps, specifiCC!!fions, contracts, or r;ost~ of construction on any
highway or related project sl!bmltted {or approvar to the. Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
resp~cf fa the character, quality, quantffy, or cast of any work performed Dr to be performed, or materiels
furnished or to be furnished, In connection with the construction of any highway or related projec(
approved by the Secretary of rra~spoHation; or
Page 17 of 24
EXHIBIT C
FHWA-1273 Eleclronlc Verslon- March 10. 1994
VVhoever knowingly makes any false statement or. false representation as to material fact /n any
statement, certificate. or report submitted pursuant to prov/sions of the Federer-aid Roads Act approved
July 1, 1916, (39 Stat 355), as amended and ~upplemented;
Shalf be fined iJot more that $10,000 or imprrsoned not more than 5 years or both,"
X., IMPLEMENTATION OF CLEAN A1RAGT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid .construction contracts and to all related subcontracts of $100,000
or more,)
By submission of this bid or the execution of this contract, or subcontrac~ as appropriate, the
bidder; Fede:ral-aid construction contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as followg~
O. That any facility that is or will be utJ.1ized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et ~., as amended by Pub.L.
91-604), and under the Federal Water Pollution Control Act, as amended (33 D.S.C. ]251 'et g:g., as
amended by P'o.b.L. 92~500)) Executive Order 11738, and regulations in implementation thereof (40
CFR 15) is not listed) on the date of contract award, on the V,S. Environmental Protection Agency
(EPA)'List of Violating Facilities pursuant to 40 CPR 1520,
1. That the fmn agrees to comply and rem~ in cOmpliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
2. That the firm shall promptly notify the 8RA 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 fur the
contract is under consideration to be listed on the EP A List of Violating Facilities. ,
3. ' That fue firm agrees to include ot cause to be included the requirements of paragraph] through
4 of this Section X in every nonexempt subcontract, and further agrees ,to take such' action as the
government may direct as a means of enforcing such requirements.
XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELlG181L1lY AND VOLUNTARY
EXCLU~lON '
O. Instructions for 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 sel out below.
b. The inability of a person to provide the 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
. yertification set out below. Tbe certification or explanation will be considered in
.conn~tion with the department or agency'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 or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant
Page 18 of 24
EXHIBIT C
FHWA-~ 273 8ectronlc Vetsjon - March 10, 1994
knowingly rendered an erroneous certification, in addition to other remedies
available to the 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, n "ineligible, IT "lower
tier covered transaction," "participant," "person," "primary covered transaction,"
"principal, it "proposal," and "vpluntarily excluded, \I as used. in this c1ause, have
the meanings set out in the Definitions and Coy'erage sections of rules
implementing Executive .order 12549. You may contact the department or
agency to which 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 ~tered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declaWl ineligtole, or volu:b.tarlly e';l;cluded from p~cipation in this.
covered transaction, lIDless authorized by'the department or agencyentering'info
tliis transaction. '
g. 'J11e prospective primary parncipiplt further agrees by submitting "this p:ropo~al
that it will include th~ clause, titled lICertification Regarding, pebannent,
Suspension,' fneligibility and Vo[tmfary' Exclusion-Lower Tier Covered
Tnmsaction," provided by the department or agency entering into ~s cov~ed,
trans~ion, without modificatio~ in all lower tier covered trarisactions and in all ,
.solicitations for lower tier covered transactions.' , '
h. A participant iri a covered trans,actioD may rely upon a certification of a
prospective participant in a lower tier.covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from 'the covered trans~ion,
unless it knows tbat the certification is erroneous. A participant may clecide the
method and frequency by wbich it determines the eJigloility of its principals,
Each participant may, but is not required to, check the nonprocurement portion
of the IlLigts ofParties Excluded Prom. Federal ProcUrement or Nonprocurement
Programs" (NonpTocurement List) which is compiled by the General Serrices
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 certificatioo required
by this clause, The knowledge and information of participant is not required to
exceed that which is nonnally possessed by a prudent person in the ordinary
cotmJe 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 '
>I: * * *.*
Page 19 of 24
EXHIBIT C
I'HWA-1273 8eclronlc Version- March 10,1994
, '
Certiffcation Regarding Debarment, SuspensIon, InelTgll:;lIJfy and Voluntary Exclusion-
Primary Covared 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 ineUg;.ble, or
vo luntarily 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 for commission of fraud or a criminal offense in connection with
obtaining. attempting to obtain, or performing a public (Federal, State or tocal) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification OT destruction of records, 'making false statements,
or receiving stolen prop~
c. Are not presently indicted for or otherwise criminally or civilly chm:ged by a governmental
entity (F edera1, 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
*;**11:
1.
InstructtohS 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 certificati~n
~~~~ '
a. The certificatioJ.l in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. ]f it is later determined that the prospective'lower tier'
participant knowingly rendered an erron~us certification, in addition'to otherrem'edies av'ailable to the,
Federa1 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 the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous by reason of changed circumstances.
c. The terms ,"covered transaction," "debarred," "suspended/' "ineligible," '!primary covered
transaction," ltparticipant," "person," "principal,H "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the'Definitions and Coverage sections of roles implementing
Executive Order 12549. You may contact the person to which this proposal is sv.bmitted for assistance
in obtaining ,a ropy of those regulations. .. ,
d. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall.not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency \vith which this
transaction originated.
Page 20 of 24
EXHIBIT C
FHWA-'t 213 EJeclronlc Version - March 10. 1994
e. The prospective lower tier participant further agrees by submitting this proposal that it will
include this c1ause titled "Certification Regarding.,Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
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, suspended, ineligible, or voluntarily excluded
from the covered transaction) unless it knows that the certification is erroneous. A participant may
decide the method and frequency' by wbich it detennines the eligibility of its principals. Bach
participant may, but is not required to, cbeck 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. The knowledge and
infotthation of participant is not required to exceed that which is nonnally possessed by a prudent
person in the ordinary course of business dealings, . .
h. Except for transactions authorized under paragraph e of these instructions) if a participant in a
covered transaction lmowingly enters into a lower tier covered transa.ction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
, addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies. inc1udin~ suspension and/or debannenl
*** * *
.
Certification Regarding Debarment, SuspensiOtl, IneligibilitY and Voluntary ExclLlsion-
lower Tier Covered Transactions;
9, The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
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.
**11;**
XII. CERTIFICATION REGARDING USE OF CONtRACT FUNDS FOR LOBBYfNG
.(Applicable to all Federal-aid construction contracts and to all related subcontracts which
. exceed $100,000 - 49 CPR 20)
0, The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
No Federal apprapriateq. 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 C0ntract, the making of any
'Federal grant, the making of any 'Federal loan, the 'entering into of any cooperative agreement, and the
extension. continuation, renewal, a,mendment, or modification of ~y Federal co~ltract, grant, loan, or
cooperative agreement. '
a. If any funds other than Federal'appropriated funds have been paid or will be paid to any person
fOf,influencing or attempting to influence ab 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 Eleclronic Version - March 10, 1994
with this Federal contract) grant, Joan, or cooperative agreement, the undersigned shall complete and,
submit Standard Form:'LLL, 'tDiscJosure 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 tran:saction imposed by 31 U.S.C: 1352, Any pernon who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 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 ipc1uded in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify an~ disc1os~ accordingly.
ATrACHMENT A ~ eMPLOYMENT PREFERENCE FOR APPAlACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
3. During the performance of this contra~ the contractor undertaking to do.work which is, or
reasonably may be, done as on-site work, shall give preference to 'qualified persons who regularly
reside in the labor area as designated by the DOL wherein the contract' ,work is situated, or the
subregion) or the Appalachian counties of the State wherein the contract work is situated, except:
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 work.
b, ' For the obligation ofthe contractor ~ offer-employment to preSent or former employees as the
result of a lawful collective bargaining contract, pn:>vided 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 contritet work, except as provided in subparagraph 4 below.
4, 1}ie contractor sbaU place a job order with the State Employment Servlce indicating (a) the
classificatioDS of the laborers,mechanics and other employees required to perform the contract work)
(b) the number of employees required in .each classification, (c) the date onwmch he estimates such
employees wi1l be required, and (d) any other pertinent infonnatiol1 required by the State Employment
Service to complete the job order form. The job order may be placed with the State Einp]oymeIlt
Service in writing or by tel.ephone. If during the cOUrse of the contract work) the in~ormation submitted
by the contractor in the originai job order is substantially modified, he shall PrornptlY"no'tify the 'State
Employment Service.
S, 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 QpinioD) 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 Employment Service is unable to refer any qualified job applicants to
fue contractor, or less than the number requested, the State Employment Service wilJ forward a
certificate to the contractor indicating the unavailability of applicaf!ts. Such certificate shall be made a
part of-the contractor's permanent project records. Upon receipt of this certificate. the contractor may
employ persons who do not normally reside in.the labor area to. fill positions covered by the certificate,
notwithstanding the provisions of subparagraph 1 c above.
7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
fNery subcontract for work which is, or reasonably may be, done'as on-site work.
This page las1 modified on March 11. 2005
Page 22 of 24
EXHIBIT C
29 CrR Part 635.410 Buy America Requirements
23 CFR Part 635.410 Buy America Requirements.
(a) The provisions of this section shaH 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 ul)less 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 OCCIJr in the United States. Coating Includes 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. My procedure for obtaining alternate
bids based on furnishing -foreign ste~1 and iron materials which Is acceptable to the Division
AdmInistrator mi;iY be used. The contract provisions inust (i) require aU bidders to submit a
bid based on furnishing domestic steel and Iron materials, and (il) clearly state that !:he
contract will be awarded to the bidder who submits the lowest total bid ,based on furnishing
domestic 'steel and iron m,aterials unless such total bid exceeds the lowest total bid based on
furnishing foreign steel and iron materials by more than 25 percent
(4) Whem steel and iron materials are used in a projeot, the requirements 'of this section d,o
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 are denvered to'the project.
(c){1) A state may request a waiver of the provisions of this section if,
(I) The a pplication 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 quantities 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 FHWA 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
, appn~vaJ authority on the request. ' ,
Page 23 of 24
EXHIBIT C
23 CFR Pnr1635,410 Buy America Requiremenls.
(3) Requests for waivers may be made for specific projects, or fs>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 RFHWA may be appealed by the State to the Federal
Highway Administrator (Administrator), whose action on the request shall be considered
'administratively final. .
(5) A request for a waiver which involves nationwide public interest or availability issues or
more than one FHWA region may be submitted by the RFHWA to the Administrator for
action.
(6) A request for waiver and an appeal from a dental of a request must Include facts and
justification to support the granting of the waiver. The FHWA response to a request or appeal
.will be In wrtting and made available to the public upon request. Any request for a nationwide
waiver and FHWA's action on such a requ~t 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,
adminlstrative'burden, and delay,that would be Imposed if the provision were not waived. '
(d) Standard State: and Federal-ald 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