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Agenda 07/10/2018 Item #16A2307/10/2018 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 18-7377, "Emergency & Disaster Related Stabilization & Recovery Services for Roadway Signs," to Highway Safety Devices, Inc. for services as required in the event of an officially declared emergency. OBJECTIVE: To have an on-call, as-needed contract specific to the repair of roadway signs. CONSIDERATIONS: This proposed agreement would be used to assist in the repair and installation of roadway signs, if required, in the event of an officially declared emergency. Most of the roadway signs throughout Collier County were damaged during Hurricane Irma. This contract will allow the County to respond faster and to remediate damage in a shorter time-period. On May 2, 2018, the Procurement Services Division released notices of Invitation to Bid No. 18-7377 to 4,999 vendors for Emergency & Disaster Related Stabilization & Recovery Services for Roadway Signs. Vendors downloaded forty-nine (49) bid packages and the County received one (1) bid by June 4, 2018. The bid results are as follow: Description Estimated Quantity Unit Unit Price Hourly Rate for all work Single Posted Sign Assemblies 7425 Hours $185.00 Hourly Rate for all work Multi- Posted Sign Assemblies 75 Hours $600.00 Award is recommended to Highway Safety Devices, Inc. The Engineer’s opinion of probable cost for the project was $1,500,000 based on estimated hours to repair roadway signs using Hurricane Irma as a guideline for developing the bid tab. The Highway Safety Devices, Inc. bid is 5.7% under the Engineer’s estimate. FISCAL IMPACT: Funding shall come from individual using departments’ budgets as projects are identified. This contract is not directly related to any impending work and will be utilized for future events, as needed. Actual expenditures will be submitted to insurance for reimbursement in the event of a declared emergency or other qualifying event. The bid award amount is merely a mechanism to establish the low bidder and is not necessarily indicative of actual spend in disaster or emergency situations. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for Board approval. -JAK RECOMMENDATION: To award Bid No. 18-7377 “Emergency & Disaster Related Stabilization & Recovery Services for Roadway Signs” to Highway Safety Devices, Inc. and to authorize the Chairman to sign the attached agreement. Prepared by: Daniel G. Hall, P.E., Principal Project Manager, Transportation Engineering Division, Growth Management Department 16.A.23 Packet Pg. 817 07/10/2018 ATTACHMENT(S) 1. 18-7377 Bid Tabulation (PDF) 2. 18-7377 NORA (PDF) 3. Engineer's Cost Estimate (PDF) 4. 18-7377 Highway Safety Devices Proposal (PDF) 5. 18-7377 Solicitation (PDF) 6. [Linked} 18-7377 Highway Safety_Contract_VendSign (PDF) 16.A.23 Packet Pg. 818 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.23 Doc ID: 6046 Item Summary: Recommendation to award Invitation to Bid No. 18-7377, "Emergency & Disaster Related Stabilization & Recovery Services for Roadway Signs," to Highway Safety Devices, Inc. for services as required in the event of an officially declared emergency. Meeting Date: 07/10/2018 Prepared by: Title: Project Manager, Senior – Transportation Engineering Name: Daniel Hall 06/21/2018 3:39 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 06/21/2018 3:39 PM Approved By: Review: Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 06/22/2018 8:37 AM Growth Management Department Diane Lynch Level 1 Reviewer Completed 06/26/2018 9:25 AM Growth Management Department Anthony Khawaja Additional Reviewer Completed 06/26/2018 9:27 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/26/2018 1:43 PM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 06/27/2018 7:12 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/27/2018 7:51 AM Growth Management Department Gene Shue Additional Reviewer Completed 06/27/2018 10:29 AM Procurement Services Ted Coyman Additional Reviewer Completed 06/27/2018 5:09 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/28/2018 3:25 PM Procurement Services Viviana Giarimoustas Additional Reviewer Completed 06/28/2018 3:53 PM Procurement Services Swainson Hall Additional Reviewer Completed 06/28/2018 10:19 PM Growth Management Department Jeanne Marcella Deputy Department Head Review Skipped 06/29/2018 10:04 AM Grants Edmond Kushi Level 2 Grants Review Completed 06/29/2018 11:37 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/29/2018 12:43 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2018 2:15 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/29/2018 2:54 PM 16.A.23 Packet Pg. 819 07/10/2018 Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/29/2018 8:36 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2018 12:55 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 16.A.23 Packet Pg. 820 PM: Daniel Hall Procurement: Viviana Giarimoustas Witness: Kris Lopez Bid Tabulation # 18‐7377 Emergency and Disaster Related Stabilization and Recovery Services for Roadway Signs Notifications Sent: 4,999 Downloaded: 49 Submissions: 1 Highway Safety Devices Inc. DESCRIPTION ESTIMATED QUANTITY*UNIT UNIT PRICE COST Hourly Rate for all work Single Posted Sign Assemblies 7425 Hours $185.00 $1,373,625.00 Hourly Rate for all work Multi-Posted Sign Assemblies 75 Hours $600.00 $45,000.00 $1,418,625.00 *Estimated Quantity is for award determination purposes only and does not reflect actual usage or demand. Total Base Bid** **Total Base Bid is for award determination purposes only and does not reflect actual usage or demand. Work will be paid on the hourly unit price provided. 1 of 1 16.A.23.a Packet Pg. 821 Attachment: 18-7377 Bid Tabulation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 16.A.23.b Packet Pg. 822 Attachment: 18-7377 NORA (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety Cost Estimate 18,750 signs/2.5 signs installed per hour = 7,500 hours 7,500 hours @ $200/hour = $1,500,000 16.A.23.c Packet Pg. 823 Attachment: Engineer's Cost Estimate (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway 16.A.23.dPacket Pg. 824Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 825Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 826Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 827Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 828Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 829Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 830Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 831Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 832Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 833Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 834Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 835Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 836Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 837Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 838Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 839Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 840Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 841Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 842Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 843Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 844Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 845Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 846Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 847Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 848Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 849Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 850Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 851Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs 16.A.23.dPacket Pg. 852Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs SAM Search Results List of records matching your search for : Search Term : highway* safety* devices* Record Status: Active No Search Results June 07, 2018 11:32 AM https://www.sam.gov/Page 1 of 1 16.A.23.d Packet Pg. 853 Attachment: 18-7377 Highway Safety Devices Proposal (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR Emergency and Disaster Related Stabilization and Recovery Services for Roadway Signs SOLICITATION NO.: 18-7377 VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 Viviana.Giarimoustas@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.A.23.e Packet Pg. 854 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 18-7377 PROJECT TITLE: Emergency and Disaster Related Stabilization and Recovery Services for Roadway Signs BID OPENING DATE AND TIME: Monday, June 4, 2018 10:00 AM EST PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Traffic Operations Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $1,500,000; however, this may not be indicative of future buying patterns. BACKGROUND Emergency stabilization and recovery services will be required on an irregular basis. Therefore, this Indefinite Delivery / Indefinite Quantity (IDIQ) contract defines the requirements and guidelines for the requested emergency response services but does not authorize the Contractor(s) to provide nor commits Collier County to order such services until a Notice to Proceed Order - based on the agreed services and associated costs defined in this contract - is placed against the contract. As part of this contract, Collier County and the Contractor(s) agree to a current rate schedule for standard items and the Contractor(s) agrees to provide needed personnel, equipment, and supplies, possibly with little notice. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one (1) year renewals. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. AWARD CRITERIA ITB award criteria are as follows:  The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation.  It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County.  For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below:  Lowest total base bid 16.A.23.e Packet Pg. 855 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety  Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to:  Identify a Primary and Secondary  The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation.  Licenses/certifications requested:  Contractor is to be FDOT Pre-qualified in Roadway Signing.  Project Superintendents are to be TTC certified and have acquired the International Municipal Signal Association’s (IMSA) Signs and Markings Technician Level III or equivalent (to be approved by Division). DETAILED SCOPE OF WORK This scope describes and defines the services that are required for the execution of emergency/disaster related roadway sign repair operations due to a hurricane or other disaster related damage on local and state roadways, as determined by Collier County Traffic Operations. The work would start with primary regulatory/safety signs such as stop, yield, one way, and do not enter. The work would then proceed to arterial roadways and then subdivisions/ neighborhoods or as directed by the County. The Contractor shall provide all labor, sand/fill material, and equipment required to complete the work: including any necessary Temporary Traffic Control (“TTC”), Mobilization and Demobilization costs. Traffic Operations will generally supply related materials such as signs, posts, and brackets. Depending on in-house inventory of the above materials, we would like to reserve the option to have the Contractor, when requested, to provide sign panels, posts, and related materials on a material cost plus of 10% markup. All sign repair operations performed under this contract shall be in accordance with the most current Manual on Uniform Traffic Control Devices (“MUTCD”), Collier County, and Florida Department of Transportation (“FDOT”) specifications. Sign assemblies to be repaired include single post signs, and multi-post signs. The expectation is that the signs will be installed at a proper height, oriented correctly with posts vertically straight, installed at a minimum depth of 30 inches if using a 12’ post without extension 36 inches if using an extension or 14’ post, filled and compacted with sand so that the area around the sign assembly base is compacted flush with the surrounding grade. The Contractor shall, at all times, have a minimum of six 2-man sign repair crews available for reporting directly to work sites for the duration of the project. The expectation is that each sign repair crew can repair an average of 25 signs per day. The contractor may utilize up to a maximum of twenty 2-man crews to perform the work. Contractor shall provide superintendent(s) to oversee and supervise the work of the sign crews. Each superintendent shall oversee no more than five (5) sign crews. Traffic Operations, at its sole discretion and at any time, will supplement this scope of work and perform work with in-house forces. The Contractor shall not perform work on any road unless authorized by Traffic Operations or their representative. Roadways and corresponding limits will be assigned to the Contractor. The Contractor is expected to include documentation of all work completed. This would include date of installation and three photos of each sign assembly (before, after, and bar code), individually geolocated (GPS Coordinates) for inspection and payment application. All material, workmanship, and equipment shall be subject to the inspection and approval of the County’s project manager or their designee. If a sign assembly does not pass inspection, any corrections necessary shall be done solely at the Contractors expense. The work should be based on an hourly basis which includes all contract administration, inspection, supervision, and all the equipment necessary to perform the work (for example a two-man crew and a truck). The work is divided into two categories: Category 1: Single posted sign assemblies (anticipated one crew and truck able to carry 12’-14’ posts) Category 2: Multi-posted sign assemblies (anticipated one or more crews and bucket truck/crane) Most of the sign assemblies fall within Category 1. Less than 1% of the sign assemblies would be a Category 2. All materials that are removed shall be brought to the Traffic Operations facility at 2885 South Horseshoe Drive so the County can recycle them. Traffic Operations encourages all prospective Contractors to drive County roads to get a feel for the scope of work involved. Safety: All contractors performing service for Collier County are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Temporary Traffic Control Policy For all projects that are conducted within a Collier County Right-of-Way, the Contractor(s) shall provide and erect Traffic Control Devices as prescribed in the current edition of the MUTCD, where applicable on state and local roadways and as prescribed in the FDOT Design Standards. All Temporary Traffic Control (“TTC”) shall be overseen by contractor(s) personnel who possess a 16.A.23.e Packet Pg. 856 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety minimum of Intermediate TTC Certification. These projects shall also comply with Collier County’s TTC Policy, #5807. Strict adherence to the requirements of the TTC policy will be enforced under this Contract. All costs associated with the TTC shall be included. Protection of Property: The Contractor(s) shall make necessary repairs in such a manner that does not result in additional damage to property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor(s) shall replace or repair the same at no cost to the County. If damage caused by the Contractor(s) needs repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor(s). Unsatisfactory Work: In the event the work performance of the Contractor(s) is unsatisfactory, the Contractor(s) will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work. Substitute Performance: In the event the Contractor(s) fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor(s) payments. The Contractor(s) may be exempt from this provision if such exemption is granted by the Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. Subcontractor Subcontractors will be allowed however the vendor will not be allowed any markup for such services. Purchase of sign panels and posts Collier County, as an option and per direction of the engineer, may request the Contractor to provide sign panels, posts, and related materials on a material cost plus markup basis (for example: speed limits, Do Not Enter, One Way, street names, etc.). The allowable markup is 10%. These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing traffic sign materials and related supplies. Unless otherwise indicated, all products shall meet the Florida Department of Transportation (FDOT) Qualified Products List (QPL) Specifications, 700 – Highway Signing. Items listed are dependent upon each other, providing for uniformity of signs. Reflective sheeting material types III, IV, VII and XI shall be classified in accordance with ASTM D-4956 and must be 3M quality or the equivalent. Traffic Operations must approve of all sign panels prior to purchase and installation by the Contractor. Sign Faces: All faces and pavement markings shall be in conformance with the 2009 Edition of the Manual on Uniform Traffic Control Devices, or most current edition, and the 2012 Supplement to the Standard Highway Signs and Markings (SHSM) Book, or most current edition. Fabricated Signs: Faces are to be mounted on .080-gauge, .100-gauge, or .125-gauge (for street name signs) aluminum blanks in accordance with Florida Department of Transportation and Collier County’s Traffic Operations Standards. Additional design guidance will be provided by Traffic Engineering if this option is executed. The Contractor will be responsible for obtaining copies of all required materials, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with their requirements. Posts: Posts shall be 12’ or 14’ galvanized square 2” to 2-1/2” steel posts. If the optional Contractor purchase is implemented, prior to purchase, Contractor to coordinate with Traffic Operations regarding material specifications. 16.A.23.e Packet Pg. 857 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS FEDERAL PROVISIONS FEMA Public Assistance This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor’s recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be FPC - 1 16.A.23.e Packet Pg. 858 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the County must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. FPC - 2 16.A.23.e Packet Pg. 859 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. FPC - 3 16.A.23.e Packet Pg. 860 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined 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 (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.” Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” FPC - 4 16.A.23.e Packet Pg. 861 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS STATE PROVISIONS Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee’s access to such records upon request. FPC - 5 16.A.23.e Packet Pg. 862 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS FEDERAL PROVISIONS FHWA Federal Aid Roadways Buy America and Foreign Contractor and Supplier Restriction Source of Supply - Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer’s written approval prior to incorporating the material into the project. FHWA FORM 1273 The FHWA 1273 Electronic Version, dated May 1, 2012 is posted on the Department’s website at the following URL address: http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/files/FHWA1273.pdf Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a), include gender and race in the weekly annotated payroll records. If the Department’s website cannot be accessed, contact the Department’s Specifications Office Web Coordinator at (850) 414-4101. FHWA Form 1273 appears in its entirety at the end of this Exhibit. Legal Requirements and Responsibility to the Public Disadvantaged Business Enterprise Program (REV 10-23-12) (FA 11-15-12) (7-13) The Florida Department of Transportation began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT has an overall 10.65% goal it must achieve. See the Disadvantaged Business Enterprise Program at the end of this provisions document. Prevailing Minimum Wage (Unless Exempted by the Florida Department of Transportation) Be familiar with the reference, “Legal Requirements and Responsibility to the Public - Wage Rates For Federal – Aid Projects, revised (01/2014). For LAP construction contracts, payment of predetermined minimum wages applies. This requirement may be exempted on a case by case basis upon review and approval from the Florida Department of Transportation State Wage Compliance Office. If this requirement is exempted, it will be stated as such at the beginning of the solicitation documentation. The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number(s) 01/05/2018 FL206, as modified up through ten days prior to the opening of bids. This Wage Rate Decision appears in its entirety at the end of this Exhibit if applicable. Obtain the applicable General Decision(s) (Wage Tables) through the Department’s Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. When needed, request additional classifications through the Engineer’s Office. FPC - 6 16.A.23.e Packet Pg. 863 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS For guidance on requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department’s Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department’s Wage Rate Coordinator, at (850) 414-4492, if the Department’s website cannot be accessed or there are questions. Prohibition against Convict Produced Materials Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: a. Materials produced by convicts on parole, supervised release, or probation from a prison; or b. Materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987. Local Preference Provision excluded from this contract. FPC - 7 16.A.23.e Packet Pg. 864 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (REV 10-23-12) (FA 11-15-12) (7-13) Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract Collier County signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: “The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate.” Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: a. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor’s organization. b. The designation of a Liaison Officer within the Contractor’s organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to- day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. c. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. Anticipated DBE Participation Statement - within 3 business days after the Pre- Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department’s Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: a. the procedures adopted to comply with these Specifications; b. the number of subordinated Contracts on Department projects awarded to DBEs; c. the dollar value of the Contracts awarded to DBEs; d. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; e. a description of the general categories of Contracts awarded to DBEs; f. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration FPC - 8 16.A.23.e Packet Pg. 865 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the change. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example. a. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE’s own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. b. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. c. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. f. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. g. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. i. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. FPC - 9 16.A.23.e Packet Pg. 866 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS FHWA FORM 1273 See following pages for this document. FPC - 10 16.A.23.e Packet Pg. 867 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 1 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization 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. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under FPC - 11 16.A.23.e Packet Pg. 868 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 2 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who 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 EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will 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 than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting 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 procedures for locating and hiring minorities and women. 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 contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such 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 hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project 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 determine 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 affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, 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, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are FPC - 12 16.A.23.e Packet Pg. 869 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 3 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, 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 union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and 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 of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. 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 years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours 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 opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor FPC - 13 16.A.23.e Packet Pg. 870 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 4 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) 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 seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer 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. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or FPC - 14 16.A.23.e Packet Pg. 871 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 5 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d.If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a.Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. FPC - 15 16.A.23.e Packet Pg. 872 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 6 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker 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 on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. 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 determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. FPC - 16 16.A.23.e Packet Pg. 873 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 7 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined 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 (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. FPC - 17 16.A.23.e Packet Pg. 874 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 8 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the 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 the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 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 contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction 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, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with 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, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: FPC - 18 16.A.23.e Packet Pg. 875 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 9 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, 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 or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set 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 first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier 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 contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first 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 entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. FPC - 19 16.A.23.e Packet Pg. 876 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 10 i.Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 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 local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2.Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FPC - 20 16.A.23.e Packet Pg. 877 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 11 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FPC - 21 16.A.23.e Packet Pg. 878 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety 12 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5.The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. FPC - 22 16.A.23.e Packet Pg. 879 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS DOL WAGE RATE DECISION See following pages for this document. FPC - 23 16.A.23.e Packet Pg. 880 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS General Decision Number: FL180206 01/05/2018 FL206 Superseded General Decision Number: FL20170206 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 * SUFL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work....$ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.98 0.00 ELECTRICIAN......................$ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine).....$ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter.........................$ 12.13 0.00 IRONWORKER, ORNAMENTAL...........$ 13.48 0.00 IRONWORKER, REINFORCING..........$ 16.39 0.00 FPC - 24 16.A.23.e Packet Pg. 881 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS IRONWORKER, STRUCTURAL...........$ 16.42 0.00 LABORER (Traffic Control Specialist)......................$ 12.05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 13.89 0.00 LABORER: Common or General......$ 11.76 0.00 LABORER: Flagger................$ 11.77 0.00 LABORER: Grade Checker..........$ 15.88 0.00 LABORER: Landscape & Irrigation.......................$ 11.12 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.93 0.00 LABORER: Pipelayer..............$ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 12.88 0.00 OPERATOR: Broom/Sweeper.........$ 13.69 0.00 OPERATOR: Bulldozer.............$ 18.01 0.00 OPERATOR: Concrete Finishing Machine..........................$ 15.44 0.00 OPERATOR: Crane.................$ 21.69 0.00 OPERATOR: Curb Machine..........$ 19.67 0.00 OPERATOR: Drill.................$ 14.78 0.00 OPERATOR: Forklift..............$ 12.58 0.00 OPERATOR: Gradall...............$ 14.71 0.00 OPERATOR: Grader/Blade..........$ 20.34 0.00 OPERATOR: Loader................$ 16.24 0.00 OPERATOR: Mechanic..............$ 17.86 0.00 OPERATOR: Milling Machine.......$ 17.23 0.00 OPERATOR: Oiler.................$ 17.31 0.00 FPC - 25 16.A.23.e Packet Pg. 882 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.82 0.00 OPERATOR: Piledriver............$ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 19.35 0.00 OPERATOR: Roller................$ 15.56 0.00 OPERATOR: Scraper...............$ 11.74 0.00 OPERATOR: Screed................$ 16.67 0.00 OPERATOR: Trencher..............$ 16.07 0.66 PAINTER: Spray..................$ 16.38 0.00 TRUCK DRIVER: Dump Truck........$ 14.99 0.00 TRUCK DRIVER: Flatbed Truck.....$ 14.13 0.00 TRUCK DRIVER: Lowboy Truck......$ 18.00 0.00 TRUCK DRIVER: Slurry Truck......$ 11.96 0.00 TRUCK DRIVER: Water Truck.......$ 14.16 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after FPC - 26 16.A.23.e Packet Pg. 883 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. FPC - 27 16.A.23.e Packet Pg. 884 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: FPC - 28 16.A.23.e Packet Pg. 885 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION FPC - 29 16.A.23.e Packet Pg. 886 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 1 GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE, M/WBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Acknowledgement of Grant Terms and Conditions 16.A.23.e Packet Pg. 887 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 2 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) 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 ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 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 local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) 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. __________________________ ________________________________________ Name Project Name __________________________ ________________________________________ Title Project Number __________________________ ________________________________________ Firm Tax ID Number ________________________________________ DUNS Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature 16.A.23.e Packet Pg. 888 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 3 COLLIER COUNTY Certification Regarding Lobbying The undersigned ___________________________________ (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated 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 an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, _______________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Name of Authorized Official Title Signature of Vendor/Contractor's Authorized Official Date 16.A.23.e Packet Pg. 889 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 4 COLLIER COUNTY Conflict of Interest Certification _______________________ Collier County Solicitation No. I, ________________________________________, hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 16.A.23.e Packet Pg. 890 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 5 16.A.23.e Packet Pg. 891 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 6 16.A.23.e Packet Pg. 892 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES GCA - 7 COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name ______________________________ Date __________________ Authorized Signature ___________________________________________________________ Address _____________________________________________________________________ Solicitation/Contract # ____________________________ 16.A.23.e Packet Pg. 893 Attachment: 18-7377 Solicitation (6046 : Recommendation to award ITB #18-7377 Emergency Services for Roadway Signs to Highway Safety GENERAL SERVICE AGREEMENT # 18-7377 for EMERGENCY AND DISASTER RELATED STABILIZATION AND RECOVERY SERVICES FOR ROADWAY SIGNS THIS AGREEMENT, made and entered into on this day of 201s , by and between Highway Safety Devices. Inc. authorized to do business in the State of Florida, whose business address is 6480 Harney Rd. Tampa, FL 33610 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENTTERM. The Agreement shall be for a three (3 )yearperiod,commencing ❑EI upon the date of Board approval or ❑ upon , and terminating three (j_) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one Cl_) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑p Purchase Order ❑ N91148e-te-Rreseed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ RSqb188t fGF PFOP96al (RFP) a Invitation to Bid (ITB) ❑ other U # 18-7377 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FE The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 17 Grneral Service Agr.eot #4(117-00] (Ver,I ) 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. H The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County's Contract Administrative AgentfCounty Project Manager or his designee pursuant to the fees as set forth in Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): Page 2 of 17 GrnM[ Smice Agreement 02017-003 (Veep ------------------------- i Page 2 of 17 GrnM[ Smice Agreement 02017-003 (Veep ❑MJ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ be aH9 as PBF Reimb Page 3 or 17 Gemrel Service Agr enl 92017A (Ver.l� q� 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Highway Safety Devices, Inc. Address: 6480 Harney Road Tampa, FL 33610 Authorized Agent: Gordon L. Johnson, President Attention Name & Title: Telephone: 813-759-1559 E-Mail(s): Gordon@highwaysafetydevices.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Engineering & Construction Management Address: 2885 South Horseshoe Drive Naples, FL 34104 Administrative Agent/PM: Daniel Hall, Principal Project Manager Telephone: 239-252-6077 E-Mail(s): DanielHall0colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 6 of 17 G ml Service Agreement OM17-003(Va. 1) °90 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑W Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability Page S of i 7 G Ml 3Mioe Agreement #201]-003(Ver. 1) 9 and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑Q Business Auto Liability: Coverage shall have minimum limits of $1.000.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑W1 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. ❑ 2holo g Shall we m 'ntai .ed by the rentFaMF to ,.AGUtea.. legal ❑ r..w..�w'.1'e... GONWage Shall ha ,e M MIMUM I M46 Of a_PeF ,.I..R F- ❑ i Coverage shall have FF1 RiPRUFR liPRitS Of $_P8 elaim Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. Page 6 of 17 Ge ml Service Agoenen[N2011-003(Vul) a� 0 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shalI defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering & Construction Management 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, M Exhibit B Fee Schedule, ❑ RF -W ❑ti ITB/E] 94her # 18-731' , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and ❑� Other ExhibiUAttachment: Federal Contract Provisions 17. APPLICABILITY. Sections corresponding to any checked box (t) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page 7 of 17 General Service Agreement NMI 74)03 (Ver.l ) 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, at seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. Page g of 17 General Service Agr ent#=71 3(Vor.l) 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Contractor may nullify the whole or any part of any approval for payment previously issued and the Contractor may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. FE1 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Geneml Service Agreement#2011-003(Ver.1) oa 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. X WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27, MN PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. Page 10 of 17 Geuml Service Agmemen[ #2017-003 (Ver, l) O a� 0 B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Page 11 of 17 Grnerel Service Agreement M201]-0aJ (Ver.l ) 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ❑� AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. ❑W ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its Page 12 of 17 Grnmi Service Agre MA2017-003(Ver.1) assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. FOR SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Grnerel Service A® ent M3017�003(V..n a� 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Laird A. Lile, Acting Clerk of Courts By: Dated: (SEAL) Contractor's Witnesses: Contractor's First Witness I Type/print witness nameT Contractor's Second Witness TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A Andy Solis, Esq , Chairman Highway Safety Devices Inc Contractor Page 14 of 17 General Service Agreement 92017-003 (Ver. I ) Exhibit A Scope of Services M following this page (pages 1 through ❑ this exhibit is not applicable Page 15 of 17 General Smtee Agreement 420L7-0 (Vent) CAO SCOPE OF WORK This scope describes and defines the services that are required for the execution of emergency/disaster related roadway sign repair operations due to a hurricane or other disaster related damage on local and state roadways, as determined by Collier County Traffic Operations. The work would start with primary regulatory/safety signs such as stop, yield, one way, and do not enter. The work would then proceed to arterial roadways and then subdivisions/ neighborhoods or as directed by the County. The Contractor shall provide all labor, sand/fill material, and equipment required to complete the work: including any necessary Temporary Traffic Control ("TTC"), Mobilization and Demobilization costs. Traffic Operations will generally supply related materials such as signs, posts, and brackets. Depending on in-house inventory of the above materials, we would like to reserve the option to have the Contractor, when requested, to provide sign panels, posts, and related materials on a material cost plus of 10% markup. All sign repair operations performed under this contract shall be in accordance with the most current Manual on Uniform Traffic Control Devices ("MUTCD"), Collier County, and Florida Department of Transportation ("FDOT') specifications. Sign assemblies to be repaired include single post signs, and multi -post signs. The expectation is that the signs will be installed at a proper height, oriented correctly with posts vertically straight, installed at a minimum depth of 30 inches if using a 12' post without extension 36 inches if using an extension or 14' post, filled and compacted with sand so that the area around the sign assembly base is compacted flush with the surrounding grade. The Contractor shall, at all times, have a minimum of six 2 -man sign repair crews available for reporting directly to work sites for the duration of the project. The expectation is that each sign repair crew can repair an average of 25 signs per day. The contractor may utilize up to a maximum of twenty 2 -man crews to perform the work. Contractor shall provide superintendents) to oversee and supervise the work of the sign crews. Each superintendent shall oversee no more than five (5) sign crews. Traffic Operations, at its sole discretion and many time, will supplement this scope of work and perform work with in-house forces. The Contractor shall not perform work on any road unless authorized by Traffic Operations or their representative. Roadways and corresponding limits will he assigned to the Contractor. The Contractor is expected to include documentation of all work completed. This would include date of installation and three photos of each sign assembly (before, after, and bar code), individually geolocated (GPS Coordinates) for inspection and payment application. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's project manager or their designee. If a sign assembly does not pass inspection, any corrections necessary shall be done solely at the Contractors expense. The work should be based on an hourly basis which includes all contract administration, inspection, supervision, and all the equipment necessary to perform the work (for example a two-man crew and a truck). The work is divided into two categories: Category 1: Single posted sign assemblies (anticipated one crew and truck able to carry 12'-14' posts) Category 2: Multi -posted sign assemblies (anticipated one or more crews and bucket truck/crane) Most of the sign assemblies fall within Category I. Less than 1% of the sign assemblies would be a Category 2. All materials that are removed shall be brought to the Traffic Operations facility at 2885 South Horseshoe Drive so the County can recycle them. Traffic Operations encourages all prospective Contractors to drive County roads to get a feel for the scope of work involved. Safety: All contractors performing service for Collier County are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Temporary Traffic Control Policy For all projects that are conducted within a Collier County Right -of -Way, the Contractor(s) shall provide and erect Traffic Control Devices as prescribed in the current edition of the MUTCD, where applicable on state and local roadways and as prescribed in the FDOT Design Standards. All Temporary Traffic Control ("TTC' shall be overseen by contractor(s) personnel who possess a minimum of Intermediate TTC Certification. These projects shall also comply with Collier County's TTC Policy, #5807. Strict adherence to the requirements of the TTC policy will be enforced under this Contract. All costs associated with the TTC shall be included. Protection of Property: The Contractor(s) shall make necessary repairs in such a manner that does not result in additional damage to property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractors) shall replace or repair the same at no cost to the County. If damage caused by the Contractor(s) needs repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor(s). Unsatisfactory Work: In the event the work performance of the Contractor(s) is unsatisfactory, the Contractors) will be notified by the County and be given seven (7) calendar days to correct the work. There will be no cost to the County for the repair of unsatisfactory work. Substitute Performance: In the event the Contractor(s) fails to perform any required service within the time schedule under the subsequent contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor(s) payments. The Contractor(s) may be exempt from this provision if such exemption is granted by the Project Manager or their designee, in writing, prior to any delays or as a result of an Act of Nature. Subcontractor Subcontractors will be allowed however the vendor will not be allowed any markup for such services. Purchase of sign panels and posts Collier County, as an option and per direction of the engineer, may request the Contractor to provide sign panels, posts, and related materials on a material cost plus markup basis (for example: speed limits, Do Not Enter, One Way, street names, etc.). The allowable markup is 10%. These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing traffic sign materials and related supplies. Unless otherwise indicated, all products shall meet the Florida Department of Transportation (FDOT) Qualified Products List (QPL) Specifications, 700—Highway Signing. Items listed are dependent upon each other, providing for uniformity of signs. Reflective sheeting material types III, IV, VII and XI shall be classified In accordance with ASTM D-4956 and must be 3M quality or the equivalent. Traffic Operations must approve of all sign panels prior to purchase and installation by the Contractor. Sign Faces: All faces and pavement markings shall be in conformance with the 2009 Edition of the Manual on Uniform Traffic Control Devices, or most current edition, and the 2012 Supplement to the Standard Hiehwav Signs and Markings (SHSM) Book, or most current edition. Fabricated Signs: Faces are to be mounted on .080 -gauge, .100 -gauge, or .125 -gauge (for street name signs) aluminum blanks in accordance with Florida Department of Transportation and Collier County's Traffic Operations Standards. Additional design guidance will be provided by Traffic Engineering if this option is executed. The Contractor will be responsible for obtaining copies of all required materials, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with their requirements, Posts: Posts shall be 12' or 14' galvanized square T' to 2-1/2" steel posts. If the optional Contractor purchase is implemented, prior to purchase, Contractor to coordinate with Traffic Operations regarding material specifications. 6 Exhibit B Fee Schedule N following this page (pages 1 through ij ❑ this exhibit is not applicable Page 16 of 17 General Service Ag .e MA20P/-003(VerJ) 18-7377 Bid Schedule r1 O UNIT DESCRIPTION UNIT PRICE Hourly Rate for all work Single Posted Hours $185.00 Sign Assemblies Hourly Rate for all work Multi -Posted Sign Hours $600.00 Assemblies r1 O Other Exhibit/Attachment Description: Federal Contract Provisions N following this page (pages 1 through 2L ❑ this exhibit is not applicable Page 17 of 17 eeneml Service Agreement 92017-002(Va.1) EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS FEDERAL PROVISIONS FEMA Public Assistance This project activity is funded in whale or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractors performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following goveming regulations along wth any and all other relevant Federal, State, and local laws, regulations, codes and ordinances 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 208 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 at seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April L 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. No Obligation by Federal Government: The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractors actions pertaining to this contract. Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation AcL Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractors recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of temrinabon. The Contractor shall not be FPC -1 FEDERAL CONTRACT PROVISIONS entified to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contractor Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business fnm or nonprofit organization regarding the substitution of parties, assignment orperformance of experimental, developmental, or research work under that 'funding agreement, the County must comply with the requirements of 37 CFR Part 401, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements,' and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terns and Conditions. Procurement of Recovered Materials (1200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule, (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, Nice/Avww.eoa.aov/smm/mmnmhensiverorommmentaudel'nerg- roomm Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enter: into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pl. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pl. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assunng that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quanfities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be lel, to take the affirmative steps listed in paragraphs (1) through (5) of this section. FPC -2 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Equal Employment Opportunity Clause (160-1.4): Except as otherwise provided under 41 C.F.R. Part 60, Al cantracta thatt the definition of 'federally ssis etl construction contrailin 41 C.F.R. § 60.1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of ram, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor w it take aRimiative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. It. The contradorvoll, in all solicitations or advertisements for employees placed byoron behalfofthe contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractors legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractors commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. VI. The contractor will furnish all information and reports required by Executive Order 11245 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such miss, regulations, and orders. VII. In the event of the contractors non-compliance with the nondiscrimination douses of this contract or with any of such roles, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Omer 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs(1)through(8) in every subcontract or purchase order unless exempted by miss, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that In the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. FPC -3 (n EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Contract Work Hours and Safety Standards Act (40 U.S.C. 3701.370$) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Viclabon; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Slates (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this Section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safely 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 (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower der subcontractor wth the clauses set forth in paragraphs (1) through (4) of this sector.' Administrative, Contractual, or Legal Remedies (over $160,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $160,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 at seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1362 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the fier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that lakes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to der up to the redpienL" FPC -4 FEDERAL CONTRACT PROVISIONS STATE PROVISIONS Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public worts, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contactor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention -The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. FPC -5 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS ERAL PROVISIONS FHWA Federal Aid Roadways Buy America and Foreign Contractor and Supplier Restriction Source of Supply - Steel (Federal -Aid Contracts Only): For Fedem"id Contracts, only use steel and iron protluced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and cominuing through the bending and mating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and mating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres-stressed beams, comigated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the mat of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a unification from the producer of steel or iron, or any product containing steel or iron as a component, stating mat all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such unification to the Engineer prior to incorporafing the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the mat of such material, and obtain the Engineers written approval prior to incorporating the material into the project. FHWA FORM 1213 The FHWA 1273 Electronic Version, dated May 1, 2012 is posted on the Department's webs8e at the following URL address: h0 ./Nm .fdat. ov/ r mmmana em n m lement d/URLinS c/files/FHWA127 . df Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a), include gender and race in the weekly annotated payroll records. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414-4101. FHWA Forth 1273 appears in Its entirety at the end of this Exhibit Legal Requirements and Responsibility to the Public Disadvantaged Business Enterprise Program (REV 10-23-12) (FA 11-15-12) (7-13) The Flonda Department of Transportation began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT has an overall 10.65% goal it must achieve. See the Disad.artaged Business Entemnse Program, at the endf this provisionsdocument. Prevailing Minimum Wage (Unless Exempted by the Florida Department of Transportation) Be familiar with the reference, 'Legal Requirements and Responsibility to the Public- Wage Rates For Federal — Aid Projects, revised (01/2014). For LAP construction contracts, payment of predetermined minimum wages applies. This requirement may be exempted on a use by use basis upon review and approval from the Flonda Department of Transportation State Wage Compliance Office. If this requirement is exempted, it will be stated as such at the beginning of the solicitation documentation. The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number(s) 01/06/2018 FL206, as modified up through ten days pnor to the opening of bids. This Wage Rate Decision appears In Its entirety at the end of this Exhibit If applicable. Obtain the applicable General Decisions) (Wage Tables)through the Departments Office, of Constmction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. When needed, request additional classifications through the Engineers Office. FPC -6 1-01 FEDERAL CONTRACT PROVISIONS For guidance on requirements for the payment of wages and benefits and the submittal of carolled payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Wage Rate Coordinator, at (850) 414-4492, if the Department's website cannot be accessed or mere are questions. Prohibition against Convict Produced Materials Source of Supply -Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convid labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway Construction projects to: a. Materials produced by convicts on parole, supervised release, or probation from a prison; or b. Materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. Local Preference Provision excluded from this contract. FPC -7 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (REV 10-23-12) (FA 11-16-12) (7-13) Disadvantaged Business Enterprise Affirmative Accton Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract Collier County signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the fallowing assumnce:'The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Pan 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate.' Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: a. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractors organization. It. The designation of a Liaison Officer within the Contractors organization, as well as support staff, necessary and proper to administer the program, and a desorption of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. c, Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barters such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DSEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. Anticipated DBE Participation Statement -within 3 business days after the Pre -Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are car fied. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: a. the procedures adopted to comply with these Specifications; b. the number of subordinated Contracts on Department projects awarded to DBEs; C. the dollar value of the Contracts awarded to DBEs; d. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage ofthe total Contract amount; e. a description of the general categories of Contracts awarded to DBEs; L the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration FPC -0 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work Performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they Perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the dale of the change. When a DBE participates in a contract, the value of the work is detemrined in accordance with 49 CFR Part 26.55, for example. a. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. b. The Departmentwill caumthe entire amount offees orcommissions charged bythe DBEfirmforproviding a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the perfornance of a Department -assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. c. When the DBE suboonlrects part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firth does not count toward DBE goals. d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, dearly defined portion of the work the DBE performs with its own forces toward DBE goals. e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. f. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. g. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firth is to be paid under the contract is commensurate with the work It is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. i. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contmct than would be expected on the basis of normal industry practice forthe type of work involved, the DBE has not performed a commercially useful function. Prompt Payments. Meet the requirements of 9-5 for payments to all DBE subcontractors. FPC -9 `, J 1-01 FEDERAL CONTRACT PROVISIONS FHWA FORM 1373 See following pages for this document. FPC -10 �O REQUIRED CONTRACT PROVISIONS FEDERAL -Alp CONSTRUCTION CONTRACTS I. General 11. Nondiscrimination III. Nonsegregated Facilites IV. Deals -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Ad ProN6lone VI. Subletting or Assigning the Conrad VII. Safety, Accident Prevention VIII. False Statements Concerns Highway Projects IX. Implementation of Clean Air Ad and Federal Water Pollution Control Ad X. Compliance with Govemmenuvrie Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) GENERAL 1. Forth FMA -1273 must be physically incorporated In each construction contract funded under Title 23 (excluding emergency contracts solely intended for tlebns removal). The contractor (or subcontractor) must insert this form In each subcontract and further require its Inclusion in all lower tier subcontracts (excluding promise orders, rental agreements and other agreements for supplies or sernces). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Farm FMA -1273 must be indutled In all Federa4ald decign- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcompacts for design services, purchase orders, rental agreements and other agreements for supplies or services). The desgnbuilder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provitler. Connecting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physicelly incorporated (not referenced) in all connects, subcentrads and lower -tier subcontracts (excluding purchase brokers, rental agreements and other agreements for supplies or services related to a construction contact). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractors immediate superintendence and to all work performed on Me contract by piecework, station work, or by subcontract. FHWA-1273— Revised May 1, 2012 3. A breach of any of Ne stipulations contained in these Required Contract Provisions may be suffidem grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contrading agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use coned labor for any purpose within the limits of a constmction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally dassli ed as IOGI roads or rural minor collectors. It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part230 are applicable to all Fedema aid construction contracts and to all related corstrudion subcontracts of 510,000 or mare. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following polities: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627. Title 23 USC Section 140, the Rehabilitation Ad of 1973, as amended (29 USC 784), Title VI of the Ciel Rights Ad of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The connector and all subcontrectors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60. 1.4(b) and, for all cmwtrudion contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 604.3. Note: The U.S. Department of Labor has exclusive authority to debarment compliance with Executive Order 11246 and Me policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 16251627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Ciel Rights Ad of 1964, as amended, and related regulations meeting 49 CFR Paris 21.26 and 27; and 23 GFR Paris 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forts under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and order: of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific of nnative action standards for Me contractors project activities under FPC -11 this contract. The provisions of the Americans with Disabilities Ad of 1880 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this distract. In the execution of this contact, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every, good faith effort to provide equal opportunity with respect to all of Its terms and Conditions of employment and in their review of adlViges Miter Me combed. b. The contractor will accept as its operating policy the following statement: -it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, ortansfer,, recruitment or recruitment advertising; layoff or termination; miss of pay or other forms of compensation; and selection for training, Including apprenticeship. pre -apprenticeship, and/or onthe- job training. - 2. EEO Officer. The connector will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authomy and responsibility to do on. 3. Dissemination of Policy: All members of the contractor's staff who 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 commolo's EEO policy and contactual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be me, Ne following actions will 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 than once every six months, at which tie the conlrado's EEO policy and its Implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer, It. All new supervisory or personnel office employees will be given a thorough Indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for Me project will be instructed by me EEO Officer in the contractor's procedures for locating and hiring minorities and women. it. Notices and posters seging form me contaclor's EEO policy will be placed in areas readily accessible to employees applicants for employment and potential employees. e. The contractors EEO pollcy and the procedures to Implement such polity will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. d. Recruitment: When advertising for employees, the contactor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women In Ne area from which the project work force would normally be derived. a. The contractor will, unless precluded by a wild bargaining agreement, conduct systematic and direct recruitment through public and private employee refem it sources likely to yield qualified minorities and women. To meet this requirement, the contractor Wit identify sources of potential minority group employees, and establish would such identified sources procedures whereby minority and women applicants may be hammed to the contractor for employment consideration. b. Ingle event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the connector is expected to observe the provisions of Nat agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the some, such implementation violates Federal nondiscrmination provisions. c. The contactor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regaN to referring such applicants will be discussed with employees. 6. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project ages to insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site personnel. b. The contradtorwlll periodically evaluate the spread of wages paid within each classification to calamine any evidence of discriminatory wage practices. d. The contactor will periodically review selected personnel actions in depth to determine whether mare is evidence of discrimination. Where evidence is found. me contractor will promptly take connective action. If me review indicates mat the discrimination may extend beyond the actions reviewed, such conective action shall Include all affected persons. it. The contractor will promptly Investigate all complaints of alleged discrimination made to the contactor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If me investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Tanning and Promotion a. The contradorwill assist in locating, qualifying, and Increasing the skills of minorities and women who are FPC -12 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees In the type of trade or lob tlassificadon involved. b. Consistent with Me contractors work force requirements and as parmissible under Federal and State regulations, the contractor shall make full use of meaning programs, i.e., apprenticeship, and on-thsyob training programs for me geographical area of caned performance. In the event a special provision for raining is provided under this contract, this subparagraph will be superseded as Indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 14019). c. The contradorwill advise employees and applicantsfor employment of available training programs and entrance requirements for each. d. The contractor will periodically review, the training and promotion potential of employees who are minonties and womenand will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor miles in whole or in part upon unions as a source of employees, the contractor Wit use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractors association acting as agent, will include Me procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and Increasing the skills of minorities and women So that they may quality for higher paying employment. b. The contractor will use good NO efforts to incorporate an EEO clause Into each union agreement to the end that such union will be contractually bound to refer applicants wWout regain to their race, color, religion, sex, national origin, age at 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 union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the canactor Silk through independent recruitment efforts, fill the employment vacancies without regain to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relative the contractor from the requirementsofthisparagrapR In the event me union referral practice prevents the contractor from meeting the obligations pursuant to Executive Omer 11248, as amended, and these special provisions, such contractor shall Immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Ad and all miss and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. S. Selection of Subcontractors, Procurement of Materials and 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 subcontrado e, inducting procurement of materials and leases of equipment. The connector shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this conned. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required trial, CFR 28.13(6): a. The requirements oNg CFR Parl28 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cany out applicable requirements of 49 CFR Part 28 in the swam and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. 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 years following the date of the final payment to the contractor for all coed work and shall be available at reasonable times and places for inspedton by authorized representatives of the contracting agency and Me FIEWA. a. The recons kept by the contractor shall document the following: (1) The number and wont hours 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 opportunities for mmonfies and women; and (3) The progress and efforts being made In locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, Indicating the number of minority, women, and nommindiy, group employees currently engaged in each work tlasslfication required by the command work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work form on board in all or any pan of the last payroll pard preceding the end of July. If on-the-job training is being required by special provision, the contractor FPC -13 3 will he required to collect and report training data. The employment dale should defied the work force on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision Is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or mare. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of raw, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by wriden or oral policies nor tolerate such use by employee custom. The contractors obligation extends fuller to ensure that its employees are not assigned to perform their services at any location, under the contractors control, where the facilities are segregated. The Own 'facilities" includes waiting roams, work areas, restaurants and other eating areas. time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal4d highway. This excludes roadways functionally dasdfied as local roads or rural minor collectors, which are exempt. Contracting agencies may Sued to apply these requirements to other projects. The following provisions are from the U.S. Dependent of Labor regulations In 29 CFR 5.5 "Conrad provisions and related matters" with minor revisions to conform to the FHWA- 1273 femrat antl FI -WA program requirements. 1. Minlmumwagas a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent reduction or rebate on any account (except such payroll deductions as are permifted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR pad 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) clue at time of payment computed at rates not less than Mose contained in the wage determination of the Secretary of Labor which is attached hereto and made a pad hereof, regardless of any contractual relationship which may be alleged to exist between Me contractor and such labored and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacen Ad on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph i.d, of this section, also, regular cool butions made or costs Incurred for more than a weekly period but not less often then quarterly) under plans. funds, or programs which cover the particular weekly period. are deemed to w consimctively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classificabon of work actually performed, without regard to skill, except as provided in 29 CFR 5.51 Laborers or mechanics performing work In more than one classification may be compensated at the rate specified for each classMcation for Me time actually worked therein: Provided, Thal Ne employers payroll rewrds accurately set roll the time spent In each classification in which work is performed. The wage determination lincluding any additional classification and wage rates conformed under paragraph 1.1b. of this section) and the Davis -Sawn poster (WHI-1321) 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 and by the workers, b.(1) The misleading officer shall require that any class of laborers or meehanles, including helpers, which Is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: FPC -14 Ii) The work to be performed by Ne classification requested Is not perfenned by a classificefion in Ne wage determination; and (it) The classification Is utilized In the area by the construction industry; and (ili) The proposed wage rete, including any bona fide fringe benefits, were a reasonable relationship to Ne wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification Is known), or Meir representatives, and Ne contracting officer agree on the classification and wage rate (including the amount designated for fifnge tensile where appropriate), a report of Me action taken shall be sent by the contracting officer to Ne Administrator of Me Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within W days of receipt and so advise the contracting officer or will notly Me contracting officer within the 30Eay period that additional fide is necessary. (3) In Me event Me contractor, Me laborers or mechanics to be employed In the classification or their representatives, and the contracting officer do not agree on Me proposed classification and wage rate gncluding Me amount designated for fringe benefits, where appropriate), Me contracting officer shall refer the questions, including the views of all interested parties and Me recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of recent and so advise Me contracting officer or will moldy the connecting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs i.b.(2) or t.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which we& is performed In the dessiflcation. c. Whenever the minimum wage rate prescribed in the conlact for a class of Iaboners or mechanics Includes a finger benefit which is not expressed as an hourly rate, the contrador shall either pay the benefit as stated in the wage determination or shall pay another bona fide Mnge benefit or an hourly wan equivalent thereof. of If the contractor does not make payments to a Wates or other third person, the contractor may consider as pad of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That Me Secretary of Labor has found, upon the written request of the contactor, that the applicable standards of Me Davis -Bacon Ad have been mil. 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. 2. Withholding The contracting agency shall upon its own action or upon writlen request of an authorized representative of the Department of Labor, withhold or muse to be withheld from the contractor under this contrail, or any other Federal contract with the same prime contractor, or any other federally. assisted contract subject to Davis-Bacen prevailing wage requirements, which is held by the some prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees, add helpers, employed by Me wntrador or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, induding any apprentice, trainee, or helper, employed or working on the site of the work, all or pad of the wages required by the contact, the contracting agency may, star wdflen notice to the contractor, take such action as may be necessary to muse the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the connector during the course of the we* and preserved for a period of three years thereafter for all laborers and mechanics working at the she of the wank. Such records shall contain Me name, address, and social security number of each such worker, his or her coned dessifiwtton, hourly rotes of wages paid (including rates of contributions or costa anticpated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(6)(2)(6) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions, made and actual wages paid. Whenever Me Secretary of Labor has found under 29 CFR 5.5(a)(1)pv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described In section 1(b)(2)(B) of the Davis. Batch Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated In wilting to the laborers or mechanics affected, and records which show the costs anticipated or Me actual cost Incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and codification of trainee programs, the registration of the apprentices and trainees, and the miles and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week In which any contact were is performed a copy of all payrolls to We contacting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.51 except that fug social security numbers and home addresses shall not be included on weekly tansmidals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. the last four digits of the employee's speed security number). The required weekly payroll information may be submitted in any font desired. Optional Form WH -347 is available for this purpose from Me Wage and Hour Division Web side at hfip:lA .dol.gwlesM1 hdl(ofmshvh347instr.hen or its successor site. The prime contactor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the Slate DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this seeded for a prime contactor to require a subcontractor to protide addresses and social security numbers to the prima contactor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his of her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: FPC -15 5 (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR pad 5, the appropriate Information is being maintained under §5.5 (a)(3)(I) of Regulations, 29 CFR part 5, and that such information Is coned and complete; fit That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or Indirectly from the NII wages earned other then permissible deductions as set forth In Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less Man the applicable wage rates and surge benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination Incorporated into the contract. (3) The weekly submission of a properly executed certification set forth an the reverse side of Optional Fonn WH -317 shall satisfy the requirement for submission of the 'Statement of Compliance' required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecuion under section 1001 of title 18 and section 231 of title 31 of the United States Code. E. The contractor or subcontractor shall make the records required under paragraph 3.9. of this serson available for inspection, copying, or transcription by authorized representatives of the contracting agency, Me State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hour; on the into. If the contractor of subcontractor falls to submit the required records or to make them available, the FMA may, after written notice to the contactor, the contracting agency or the State DOT, take such action as may be necessary, to cause Me suspension of any further payment, advance, or guarantee of funds. FuMermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 4, Apprentices and tralnees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for Me work they performed when May are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, at with a State Apprenticeship Agency recognized by the ice, or if a person is employed in his or her fiat 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually mastered in the program, but who has been certifed by Me Office of Apprenticeship Training. Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any cafi desertification shall not be greater than the ratio prem ithetl to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not leas then the applicable wage rete on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate an the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rales (expressed in percentages of Me journeyman's hourly rale) specified in the contractors or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentica's level of progress, expressed as a percentage of me journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid Mnge benefits In accordance with Me provisions of the apprenticeship program. If the apprenticeship program does not specify filings benefits. apprentices must be paid the NII amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator Eeterminu Nat a different practice prevails for the applicable apprenfice dassificand. fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training. Employer and Labor SeMces, or a State Apprenticeship Agency recognized by Me Office, withdraws approval of an apprenficeahip program, the contactor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Treatises (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined ate for Me work performed unless they are employed pumuanl to and individually registered in a program which has received prior approval, evidenced by tonna] certlfication by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shag not be greater Nan permitted under the plan approved by Me Employment and Twining Administration. Every trainee must be paid at not less Man the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of lie journeymen hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the tames program. If Me trainee program does not mention fringe benefits, talnees shall be paid the NII amount of fringe benefits listed on the wage determination unless Me Administrator of the Wage and Hour Owision determines that there Is an apprenticeship program associated with Me corresponding journeymen wage rate on the wage determination which provides for less than full Innis benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a twining plan approved by Me Employment and Training Administration shag be paid not less than Me applicable wage rate on the wage determination for the classification of work actually performed. In addition, any Imine performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less Man the applicable wage rate on the wage determination for me work actually performed. In the event Me Employment and Training Administration withdraws approval of a training program, the contractor will no longer be perrnihed to utilize trainees at leu then the applicable predetermined cote for the work performed until an acceptable program is approved. c. Equal employment opportunely. The Wlization of apprentices, trainees and joumeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR pat 30. FPC -16 6 , 4� d. Apprentices and Trainees (programs ofthe U.S. DOT). Apprentices and resume working under apprenticeship and skill training programs which have been cannot by the Secretary of Transportation as promoting EEO in connection with Fededikaid highway constmcllon programs are not subject to the requirements of paragraph 4 of this Section IV. The straight 0me hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The rano of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. B.Subcoritracts. The contractor or subcontractor shall insert Forth FMA -12731n any subcontracts and also require the subcontractors to Include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all Ne contract clauses in 29 CFR 5.5. 7.Contmctterminatlomdebamront Abreschofthe contract clauses in 29 CFR 5.5 may be grounds for elimination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of Ue Davis- Bawn and Related Ads contained in 29 CFR parts 1, 3, and 5 are herein incomodited by reference in this ventrad. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth In 29 CFR pans 5, 6, and 7. Disputes within Oe meaning of this clause Include disputes between the contractor (or any of its subcontractors) and the contracting agency the U.S. Department of Labor, or the employees or their representatives. 10. CerdHcation of eligibility a. By entering into this compact, Ne coniredor budges Met neither it (nor he or she) nor any person or Imp who has an interest in the contractors firm is a person or tam ineligible to be awarded Government corrodible by virtue of section 3(a) of the Davis -Bacon Ad or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Dams -Bacon Ad or 29 CFR 5.12(a)(1). c. The penalty for making false statements Is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following douses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours: and Safety Standards Ad. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the temps laborers and mechanics include watchmen and guards. 1.Oventimeraqulrements. Nocontradororsubconlmdor contracting for any part of the contrad work which may require or involve Me employment of laborers or mechanics shall require or permit arty such laborer or mechanic in any workweek in which he or she is employed on such work to work In excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less Man one and orminalf times the basic rale of pay for all hours worked in excess of forty houm in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this sector, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work time under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shag be computed with respect to each individual laborer or mechanic, including watchmen and guards, employetl in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work 10 excess of the standard workweek of forty hours without payment of Ne overtime wages required by the cause set forth in paragraph (1.) of this sector. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, ham any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal ventrad with Me same prime contractor, or any other federallyassisted contract subject to the Contract Work Hours and Safety Standards Ad, which is held by Me same prime contmdoo such sums as may be determinant to be necessary to satisfy any liabilities of such contractor or subconiredor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. SubcoMmefe.. The contractor or subcontractor shall insert in any subcontracts the clauses set forth In paragraph (i.) through (4J of ilia section and also a clause requiring the subcontractors to Include these causes in any lower ger subcentrcts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set font in paragraphs (1.) through (4.) of this section. FPC -17 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contra ds on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage 0 specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specially items performed may be deducted from the total original contract price before computing the amount of work required to be performed by fire canhactofs own organization (23 CFR 636.116). a. The law 'perform work with its own organization'refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, wth or without operators. Such term does not Include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing fine meeting all relevant Federal and State regulatory requirements. Leased employees may only be included In this term t the prime contractor means all of Ne fallowing donations: (1) Ne prime contractor maintains control over the supervision of the day -today activities of Ne leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contactor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items' shall be wrob ued to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contacting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract "araments, and Is In charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (su"Msion, management, and engineering services) as the contracting officer determines is necessary to assure the performance of fire contrad. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the Sedan consent of the contracting officer, or authorized representative, and such consent when given shall not be conabued to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. S. The 30% seg -performance requirement of paragraph (1) is not applicable to design-0uild contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Feden id construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and lout laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as Ne contracting officer may determine, to be reasonably necessary to protect this life and health of employees on the job and Ne safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. it is a cond8ion of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that Ne contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to histner health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Ad (40 U.S.C. 3704). 3. Pursuant to 29 CFR 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 contract performance to Inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of Ne Secretary under Sedan 107 of the Contract Work Hours and Safety Standards Ad (40 U.S.C.370 ). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Feder id construction contracts and to all heated subcontracts. In order to assure high quality and durable construction 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 concemed with the project perform their functions as careNlly, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with resped to any fads related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of Nese and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the poled: 18 U.S.C.1020 made as follows: FPC -18 8 'Whoever, being an officer, agent, a employee of the United States, or of any State or Territory, or whoever, whether a person, association, film, or corporation, knowingly makes any false statement, false representation, or false report as to Me character, quality, quantity, or cost of the material used or to be usetl, or Me quantity or quality of the work performed or to be performed, or Me cost thereof In connection with the submission of plans, maps, specifications, contracts, w costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quarNty, or coat of any work performed or to be performed, or materials famished or to be famished in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Ad approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined underthis tide or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bidlphadwal or the execution of thus contract, or subcontract, as appropriate, Me bidder, praposeq Federal-aitl construction contractor, or subcontractor, as appropriate, will be deemed to haw stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 506 of the Clean Water Ad or Section 306 of the Clean Air Ad. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X In every subcantract, and former agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Fededdi construction contracts, design -build contracts, subcontracts, lower -Ger subcpnirads, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FMA approval or that Is estimated to cost 625,000 or more — as defined in 2 CFR Pans 180 and 1200. 1. Instructions for Certification— Flrat Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The Inability of a person to provide the codification set out below will not necessarily result In denial of pada opadon In this covered transaction. The prospective that tier participant shall submit an explanation of why it cannot provide Me certification set cut below. The certification or explanation will be considered in connection with Me department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to famish a cedification or an explanation shall disqualify such a person Mom participation in this transaction. a The certficetton in Mis clause is a material representation of fad upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined Mat Me prospective participant knowingy rendered an erroneous ceNfication, in addition to other densities available to the Federal Government, the contracting agency may terminate this transaction for cause of defeat. d. The prospective first ger participant shall provide immediate written notice to Me contractag agency to whom MIs proposal Is submitted H any time the prospective first tier participant leans Mat its ceNficatlon was erroneous when submitted or has become erroneous by reason of changed Llrcumstani e. The terms 'covered transaction,"'debarred," "suspended."'Ineligible, 'padicipara,""parson," "Modpalp and "voluntarily excluded' as used in this clause, are call in 2 CFR Pads 160 and 1200. That Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as Me prime or general contract). "Lower Tier Covered Transactions' refem to any covered transaction under a First Tier Covered Transaction (such as subcontracts). That Tier Participant" refers to Me participant who has entered into a covered ammunition win a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Ter Padidpara" refers any participant who has entered into a covered transaction with a First Tar Participant or other Lower Tier Participants (such as subcontractors and suppliers). L The prospective flrst tier participant agrees by stumbling this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into arty lower ger covered transaction with a person "a is debarred, suspended, declared ineligible, or voluntarily excluded from participation In nus covered transaction, unless authotlzed by the department or agency entering Into this transaction. g. The prospective first ger participant fuller agrees by submitting this proposal that it will include the clause tided "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by Me department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all soliclations for lower bar covered transactions exceeding the 625,000 threshold. h. A participant in a covered transaction may rely upon a codification of a prospective participant In a lower tier covered transaction that is not dammed, suspended, ineligible, or voluntarily excluded from the covered transaction, unless It knows that the codification Is erroneous. A participant Is responsible for ensuing Mat its principals are not suspended, centered. or otherwise Ineligible to pamcipate in covered transactions. To verify the eligibility of its principals, as well as Me eligibility of any lower tier prospective participants, each participant may, but is not required to, chadr the Excluded Ponies List System website Mnas 1hvxwards.00vA, which is compiled by the General Services Administration. FPC -19 9 I. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in oNer to tender in good faith Me carlificabon required by this clause. The knowledge and information of the prospeclive participant is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (b of these Instructions, H a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Dependent, Suspension, Ineligibility and Voluntary Exclusion —First Tier Participants: a. The prospe b" first tier participant cenifies to the best of its knowledge and belief, that it and Its pnncipals: (1) Are not presently debarred. suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered "reactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a chill judgment rendered against them for commission of Gaud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (Federal, State or Iocap transaction or contract under a pudic transaction; violation of Federal or State antiWst statutes or commission of embesslement, theft, forgery, bribery, falsification or destrudion of records, making false statements, or receiving stolen propeTy; (3) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated In paragraph (a)(t) of this certificated; and (4) Have not within a three-year period preceding this appllcatlONpropesal had one or mom public transactions (Federal, State or local) terminated for cause or default. It. Where the prospective participant is unable to caddy to any of the statements in This cerfificotion, such prospective participant shall solvent an explanation to this proposal. 2. Instructions for Certification - Lower Thar Participants: (Applicable to all subcontracts, pureness orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Pads 180 and 1200) a. By signing and submitting this proposal, the prospective lower bar Is providing he codification set out below. b. The certification in this clause is a material representation of fad upon which reliance was placed when this transaction was entered Into. If A is later determined that the prospective lover tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospMive lower tier participant shall provide Immediate written notice to the person to which this proposal is submitted if at any rime the prospective lower tier participant teams that Its certification was eroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended,""ineligible,""participant; "person;' "principal ," and lroluntarily exdutled,' as used In this douse, are defined in 2 CFR Parts 180 and 1200. you may coned the person to which his proposal is submitted for assistance in obtaining a copyofthoseregulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participard (such as the primeorgerrerelcontrad). "Lower Tier Covered! Transactions" rehrs to any covered transaction under a First Ter Covered Transaction (such as subcontracts). 'First Tier Participant" refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). 'Lower Tier Participant refers any padidpant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontracted; and suppliers). e. The prospective lower ger participant agrees by subhoong 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 mitered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospedive lower ger participant further agrees by submitting this proposal that it will include this clause tided "Certificated Regarding Deba ment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without madifidn.d. in all lower tier covered transactions and In all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a modification of a prospective participant in a lower her covered unreasoned that is not debarred, suspended, ineligible, or voluntarily excluded from the covered bansadion, unless it knows that the connotation Is erroneous. A participant is responsible for ensuing that its principals are not suspended, debafred, or otherwise ineligible to participate in covered transactions. To vanity the eligibility of its principals, as well as Me eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website Ihaos:1hwww.eols.eovA, which is compiled by the General Sernces Administration. In. Nothing contained In the foregoing shall be construed to require establishment of a system of records in order to tender In good faith the cedifwtion required by this clause. The knowledge and Information of participant is not required to exceed that which Is normally possessed by a prudent person In the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these Instructions, H a participant In a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred. ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FPC -20 10 C> department or agency with which this Vensadion originated may pursue available remedies, Including suspension and/or debarment. Certification Regarding Debamrenp Suspension, Ineligibility and Voluntary Excluslon—Lower Tier PaNcipants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither It not its principals is presently deboned suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Mem Ne prospective lower tier participant is unable to cents to any of the statements In this cedification, such prospective participant shall attach an explanation to this Proposal. Al. CERTIFICATION REGARDING USE OF CONTRACT FUNOS FOR LOBBYING This provision is applicable to all Federalaid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submihing this bid or proposal, to the best of his or her knowledge and belief, that'. a. No Federal appropriated 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 d Congress, or an employee of a Member of Congress in connection with the awarding of any Federal coned, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extansion continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contrail, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying,' in accordance won its instructions. 2. This certification is a material representation of fad upon which reliance was placed when this bansadion was made or entered into. Submission of Nis certification is a prerequisite for making or entering into Nis transaction imposed by 31 U.S.C. 1352. Any person who fails to file Ne 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. 3. The prospective participant also agrees by submitting Its bid or proposal that the participant shall require that the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and Nat all such recipients shall comfy and disclose accordingly. FPC -21 00 ATTACHMENT A- EMPLOYMENT AND MATERIALS fi. The contractor shall include the provisions of Sections PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, cion as on-site work. ROAD CONTRACTS This provision Is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1935. I. During Me performance of this centrect, the contractor undertaking to do worlc 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 wont is situated, or Me subregion, or the Appalachian wastes of the State wherein the compact work is situated except: a. To Me extent that qualified persons regularly madding in the area are not available. It. For the reasonable needs of the contractor to employ supervisory or specialty eVrerienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to Present or former employees as the reach of a lawful coliectpue bargaining contract, pros that the number of nonresident persons employed under this subparagraph (1 of shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the compact work, (b) the number of employees required in each classification, (c) the data on which the parliciparrt estimates such employees will be required, and (d) any other pertinent information required by caw State Employment Service to complete the jab order farm. Thejobomermaybe placed with the State Employment Service in writing or by telephone. If during the ceume mthe contractwork, the information submitted by Me contractor in Me original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants refered to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within we week following the placing of a job order by the contractor with the Slate Employment Service, the State Employment SeMce Is unable to refer any qualified job applicants to Me contractor, or Was than the number requested the State Employment Service will forward a cedificale to Me contracior molesting Me unavailability of applicants. So& certificate shall be mads a part of Me contractors permanent project recems. Upon receipt ofthis cedifiwo, the contractor may employ persons who do not normally resider in the labor area to fill locations cowered by Me cedlfiwte, notwithstanding the provisions of subparagraph (1 c) above. 5. The prokions of 23 CFR 533.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. FPC -22 r ip BIT 1-01 FEDERAL CONTRACT PROVISIONS See follovAng pages for this Oowment. FPC -23 FEDERAL CONTRACT PROVISIONS General Decision Number: FL180206 01/05/2018 FL206 Superseded General Decision Number: FL20170206 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 * SUPL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work .... $ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 12.98 0.00 ELECTRICIAN ......................$ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) ..... $ 16.72 0.00 HIGHWAY/PARKING IAT STRIPING: Painter .........................$ 12.13 0.00 IRONWORKER, ORNAMENTAL ........... $ 13.48 0.00 IRONWORKER, REINFORCING .......... $ 16.39 0.00 FPC -24 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS IRONWORKER, STRUCTURAL ........... $ 16.42 0.00 LABORER (Traffic Control Specialist) ......................$ 12.05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 13.89 0.00 LABORER: Common or General ...... $ 11.76 0.00 LABORER: Flagger................$ 11.77 0.00 LABORER: Grade Checker .......... $ 15.88 0.00 LABORER: Landscape & Irrigation .......................$ 11.12 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.93 0.00 LABORER: Pipelayer..............$ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe ....... $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 12.88 0.00 OPERATOR: Broom/Sweeper ......... $ 13.69 0.00 OPERATOR: Bulldozer .............$ 18.01 0.00 OPERATOR: Concrete Finishing Machine ..........................$ 15.44 0.00 OPERATOR: Crane .................$ 21.69 0.00 OPERATOR: Curb Machine .......... $ 19.67 0.00 OPERATOR: Drill .................$ 14.78 0.00 OPERATOR: Forklift ..............$ 12.58 0.00 OPERATOR: Gradall...............$ 14.71 0.00 OPERATOR: Grader/Blade .......... $ 20.34 0.00 OPERATOR: Loader ................$ 16.24 0.00 OPERATOR: Mechanic ..............$ 17.86 0.00 OPERATOR: Milling Machine .......$ 17.23 0.00 OPERATOR: Oiler... ............. $ 17.31 0.00 FPC -25 EXHIBIT 1-01 OPERATOR: Paver (Asphalt, FEDERAL CONTRACT PROVISIONS Aggregate, and Concrete) ......... $ 16.82 0.00 OPERATOR: Piledriver ............ $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 19.35 0.00 OPERATOR: Roller ................$ 15.56 0.00 OPERATOR: Scraper ...............$ 11.74 0.00 OPERATOR: Screed ................$ 16.67 0.00 OPERATOR: Trencher ..............$ 16.07 0.66 PAINTER: Spray ..................$ 16.38 0.00 TRUCK DRIVER: Dump Truck ........$ 14.99 0.00 TRUCK DRIVER: Flatbed Truck ..... $ 14.13 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 18.00 0.00 TRUCK DRIVER: Slurry Truck ...... $ 11.96 0.00 TRUCK DRIVER: Water Truck ....... ---------------------------------------------------------------- $ 14.16 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with i hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at w .dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after FPC -26 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of -identifiers'- that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Onion prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CEA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. FPC .27 A 0 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OR indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. --------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction Wage Determinations. write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Administrator (See 29 CPR Part 1.8 and 29 CFR Part 7). Write to: FPC -28 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FPC -2s Collier County SOIldlallon 18-7391 EXHIBIT 1.02 GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE /1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions ,/2. ✓3. Certification regarding Lobbying Conflict of Interest 4. Anticipated DBE, MIWBE or VETERAN Participation Statement ✓ 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services t/ 6. Acknowledgement of Grant Terms and Conditions Highway Safety Devices, Inc. 6480 Hamey Road Tampa, FL 33610�� 0 GCA -1 51112010 9:11 AM P. 0 Collier County Soadta0m 19-7377 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) 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 ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 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 local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) 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. Emergency and Disaster Related Stabilization Gordon Johnson and Recovery Services for Roadway Signs Name Project Name Gordon lohnson ITS 18-7377 Title Project Number :1way Safety Device Tnr 59-2934582 Firm Tax ID Number 711-411-3111 DUNS Number 6480 Harnev Road Tama FL 33610 Stree ess, City, State Zi S - 19naturc Highway Safety Devices, Inc. 6480 Harney Road Tampa, FL 33610 GCA -2 511112018 9:11 AM P. 51 Culler County Solicitation 18 73A EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned Highway Safety Devices, Inc. (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (I) No State appropriated 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 an agency, a member of the Legislature, an officer or employee of thejudicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received Pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, Highway Safety Devices, Inc. certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Gordon Johnson Name of Authorized Official 'or Title .--Signatureof-Vender/C-ontractor's Authorized Official lune 1. 2018 Date Highway Safety Devices, Inc. 6480 Harney Road Tampa, FL 33610 GCA -3 5111120188'. 11 AM, P.52 1 l cdlbr courry aolluile9oo 16-7397 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 18-7377 Collier County Solicitation No. 1, Gordon Inhnenn . hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. 1 also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. President Jnne 1 2018 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with ajudge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OG&GOVT-2 executive branch -wide Privacy Act system of records. Highway Safety Devices, Inc. 6480 Harney Road GCA - a Tampa, FL 33610 P 5/1112019 8:11 AM Collier County Solicitation 19 -TBT/ GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT etRW IWIMvlrlfil0. UnitlftNilrine.»ill BlUItt A!PP:MIt011tM1ll p,gvE!irhsli Rillnlnt Or pIOVIE!Sow!!MONMntliien ealrine tle Ine. A. PRIME VENDOR/CONTRACTOR INFORMATION paIME rIGR1C Giknil! FCO bUMBCR CONRiR OOLL1RiMOUM Hi hwa SafetyDevices Inc. 59-2934582 81,418,625.00 IST1FrRnR artoRloxIUNESSUM.Rue, NT!➢AH y N 51XEarnvmaFixrsCOMRAR.- M1xf1RmORv,Dnl N; eusnes5leniiRlsC' oeE?'Ealr xX CONBEBUCnoN? Xr B BURIMB EN.'BEj UBMWIO0. new A Y.IMLBBADVANIBMU BURNEBURVelFlGtilon FROMmIsrARueV➢N[ss BeMY NX COx WL onteN? y N X <OMIHISiLTOM d5[RVILEOxd01f04'RIPPNe I.e., Y XX OT:fp? Y x X SOBBD? Y N X 6 TXSSUBMWC14 A R[VISIONt NXT YES, RLVSION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME 15 TO COMPLETE THIS NEXT SECTION OBE M/ M WBCON CTORMSUPPLIER TYPEORWORKOR flNNKT'CODE SUB/SUPPLIER RERClM O[ CoUrnei VFIFRA! NAME SPLf14TY 1. eakBl DED.RGMOUEn OOUARS ' T AU , C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR xAMEOrwBMFRER OATSTnlloswBMlriIX Gordon Johnson June 1, 2018 President EMAILADDRESSOR%LM[ ISUBMRTFR T[I[PIIOt3NUMOfA FAKEAIMCER ordon'@hi hwa afe devices.Co (813) 759-1559 (813) 757-0924 NOTE'. rnOMwmatunbuNromGiMtlprt ,aWllEee tnm! ninnWSien NllBatlMfuMeGwnvxn. TheantiepitM veea MOC maulSt u wlwd'/a1WwiE1 nIX bswre WrtW inelanRactlW [ezms. TLufflrm mM be wbnitnG at Gme OErlganf! tea wlpVtlw. YaM'xnenaxarOeE i ccunry wnnM, Nlp�me rill pe i4M to wale Mt informitial fx Na Cn.T. canprtarclTlCz. D. SECTION TO BE COMPLETED BY COWER COUNTY OEPAT EMNAMF COLLIERmMYRL11FB/VPw 40:4CN GRAMPYOGMM/CONTP}R DAR ACCLPRO BC ETNMOIy CODE ola[kAme ea NAW nic Amz Y.] NFWl ArMnC N.f Sub[gIL Mian AIM SSd diYnTtlKArMliLarl APA NBnMIIKKP/\\OT4n B. Highway Safety Devices, IncA-5 s/tirzmea:n AM 6480 Harney Road P.5 OIM:Mafary glNr(rcuplizttlf O 9 Tampa, FL 33610 r EXHIBIT Culller County Sollcpatfon 18-7377 CERTIFICATIONS AND ASSURANCES :CLCE9'C"'� Gk:M C V,RL!4lCE Fi9N PID OPPORTUNM LIST FOR COMMODmES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES rtetlKPxay m(W cmnry m nt mmesetaamwrpy vmaors, as in rM [wX reeeml aegalaeonlcmJa fbriblstaMesin must nave Me n' M "mrm<mumtrwim aeeol� sou maarnpna. Niwcmtnaw,ronw mrcalam: Highway Safety Devices, Inc. Aea.rsamPnme w,mper. 6480 Harney Road Tampa, FL 33610 aroMremnrcxu^ami^a+arti:ca.,nx,mer: _18-7377 tMnst mbrr h i«eneeeMma Iphg Mfimntnm an, a artm,Pting to, partitlpate m lM pWem mmbermapoa. TI,¢IIA mun wawa a»mmperr,c«4aa 2, 1,OW4. xli, dnawoa swm�c r«ro�iwtW w.naa 5, 6, 7,n 6fimmsm,n provim mfawean for xumpers 1. ]. 3,arok aro, lmWe «oYiee any pllmmatbn snot pwel«Rompers s, p, T, aM p. tlufam rtxm be wbmirzae xrp Me pie PaE4R 1. FN TEXIDNumbb: 59-2934582 p.B DBE &Ary lGMU W« U z. wm ww-_ HtO.,Y Safety Demes. Inc. x ...E 3. Pncnexmnper. (8131759-1559 $"Wm seeps6480 Harney RoadTampa. FL 33610 7H=sl� Nwntlnnstsmprcn s. vwrrpm ESgpWlltl: 1989 3. feew Ta.lDNump.r: p oeE i ANNel Grass aepelpn 3. fTn Name: NenOEE t[p tNn$Im 3. Plow N,mpv. peMaen S ld Is m 1 aE6ess peMvn 5 SlD mpim Y $,hmtrapx paMaen516t5 milYm wpaomaxm< MPnMmsssmRWn 5 varFim, EIIapFSFM: 1.fWra1TY IDNYRDIr. 6 DBE &Am.I 4oss0.Ntlpt3 E. I.. xIXFpaE IeY tNn$lmi 5. PlgneNm,Mr peMean 51.3,Mim L AEtress &WeenS SlDTitliM ,.BWbDDm perween$1D13 miim ;utranutmt t xwn Mans umilbn S. Yav Tim lstapflsM: 3. Ie1MTar l0xum4p: p.e DOE S. AmulWw 0.e[tipn $. fpm NYne: Nal-ppE nH1ni,53mp$m $. PiWleMmpar petwean5l-S mipim A. aeenn pelwNnS Sto mJbn 7.B $Waa.. pemeen$lbumalm w4msWan[ Mora Man 515 mNnn s. Yurlp W1aOWMe: Highway Safety Devices, Inc. 6480 Harney Road 5111120189:11 AM Tampa, FL 33610 P.55 Cdlbr County SoBWramn 18-7377 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreemen4 (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 268.703, Fla. Stat. Certification On behalf of my firm, 1 acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name �g,yay�rtyoaare. Ina Date p,ne i. 701A Authorized Signature Address 6480 Harnev Road Tamna. Fl. 33610 Solicitation/Contract # ITB 18-7377 Highway Safety Devices, Inc. 6480 Harney Road Tampa, FL 33610 GCA -7 J 511120189:11 AM P 58