STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08
<br />REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS OGC-0624
<br />(Appendix A of Assurances)
<br />Financial Project ID: 405606-8-56-01
<br />Federal Project ID:
<br />County: Indian River
<br />State Road No.: N/A
<br />District Document No:
<br />Utility Agency/Owner (UAO): Indian River County
<br />During the performance of this Agreement, the Utility Agency Owner (UAO), for itself, its assignees and successors
<br />in interest (hereinafter referred to as the UAO), agrees as follows:
<br />(1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA
<br />DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the DEPARTMENT) relative to nondiscrimination
<br />in Federally -assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter
<br />referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract.
<br />(2) Nondiscrimination: The UAO, with regard to the work performed by it after award and prior to completion
<br />of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of
<br />subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly
<br />or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when
<br />the contract covers a program set forth in Appendix A & B of the Regulations.
<br />(3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to
<br />be performed under a subcontract, including procurement of materials and leases of equipment, each potential
<br />subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations
<br />relative to nondiscrimination on the ground of race, color or national origin.
<br />(4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into
<br />the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this
<br />provision, "steel and/or iron products" means manufactured products that are predominately steel and/or iron products
<br />and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal
<br />Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United
<br />States which have not undergone any manufacturing process outside of the United States that modified the chemical
<br />content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final
<br />shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it
<br />becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source
<br />steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1 % of the total amount
<br />of this Agreement, or $2,500.00 whichever is greater. The UAO will retain documentation verifying compliance with the
<br />Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request,
<br />the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement.
<br />(5) Additional "Buy America" Requirements: The UAO will comply with 2 CFR 184 and 2 CFR 200.322,
<br />which includes the Buy America Preferences for Infrastructure Projects of the Build America, Buy America Act (BABA)
<br />and Domestic Preferences for Procurements. The UAO will use Manufactured Products that are consumed in,
<br />incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with
<br />BABA requirements and applicable waivers. The UAO will use non-ferrous metals, plastic and polymer -based products,
<br />glass, lumber, and drywall articles, materials, and supplies that are consumed in, incorporated into, or affixed to an
<br />infrastructure project that are manufactured in the United States, in accordance with BABA requirements.
<br />As used in 2 CFR 184, "construction material" means materials that are predominately non-ferrous metals, plastic
<br />and polymer -based products, glass, optical fiber, fiber optic cable, lumber, and drywall articles, materials, and
<br />supplies that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the
<br />Federal Highway Administration. As used in this provision, "domestic" means construction materials that are
<br />manufactured in the United States which have not undergone any manufacturing process outside of the United
<br />States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the
<br />initial melting and continuing through final shaping and coating or as defined in 2 CFR 184. If a construction
<br />material is taken outside the United States for any manufacturing process, it becomes foreign source construction
<br />material.
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