HomeMy WebLinkAbout2017-089 •
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ,
EMERGENCY LOCAL GOVERNMENT EMERGENCY RELIEF
REIMBURSEMENT AGREEMENT
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Contract No: G 0 c ?S
DUNS No: 80-939-7102 CFDA No: 20.205
This Emergency Local Government Emergenc�yy Relief Reim urse en Agre ment (this "Reimbursement Agreement"),
made and entered into this 2(pr" date of , 20/7-by and between the State of Florida
Department of Transportation (FDOT), an agency of the Sta e of Florida, herein after called the "Department" and
Indian River County located at 1801 27th Street, Vero Beach, FL 32960 herein after called the "Local
Government".
WHEREAS, the Federal Highway Administration (FHWA) has established an Emergency Relief Program codified at 23
USC §125; and
WHEREAS, the FHWA has, as a result of the Executive Order(s) , dated , 20_ for
Emergency Event(s) authorized funding to be provided to the Department for relief from the
damage inflicted by said event(s); and
WHEREAS, this Emergency Relief Program Agreement provides for reimbursement to the Local Government for
emergency relief; and
WHEREAS, the Local Government has incurred certain costs and expenses as a direct result of the event(s) as contained
on the attached Detailed Damage Inspection Reports (DDIR(s)); and
WHEREAS, it has been determined that emergency repairs are necessary and that the costs and expenses of said
repairs are eligible for reimbursement up to 100%, dependent on the amount of allocation made by FHWA; and
WHEREAS, pursuant to Section 334.044(7), Florida Statutes, the Department may enter into an interlocal agreement with
the Local Government for the work contemplated herein; and
WHEREAS, the Local Government by Resolution No. 2017-054 adopted on June 13 , 20 17
a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement.
NOW THEREFORE in consideration of the mutual consideration, covenants and conditions set forth herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to
be legally bound hereby, agree as follows:
The parties agree as follows:
1. The recitals set forth herein above are specifically incorporated herein by reference and made a part of this
Reimbursement Agreement.
2. The Department enters into this agreement as the administrator of the FHWA Emergency Relief Program funds
with the administration of funds being subject to the terms and conditions of 23 USC §125 and the Program Administration
Manual published by the FHWA.
3. The scope of work and services authorized by FHWA are described in the DDIR(s), attached and incorporated
herein as Exhibit F.
4. Subject to the terms and conditions of 'the Emergency Relief Program Manual at
http://www.fhwa.dot.qov/reports/erm/er.pdf, the Department agrees to reimburse the Local Government for eligible costs
from the funds allocated to the Department for said purposes.
5. The Local Government shall be fully responsible for the proper billing of any federal reimbursable costs or
charges, including those incurred by its contractors and subcontractors. The Local Government shall timely submit
invoices and documents necessary for the close out of the project.
The Local Government agrees to promptly reimburse the Department for any and all amounts for which the Department
has made payment to the Local Government if such amounts become ineligible, disqualified, or disallowed for federal
reimbursement due to any act, error, omission, or negligence of the Local Government, including missing or deficient
documentation of costs and charges, untimely, incomplete, or insufficient submittals including the required DDIR, or any
other reason declared by FHWA.
The Local Government agrees that the Department may offset such amounts from payments due for work or services
done under any agreement between the parties if payment from the Local Government is not received by the Department
after (Generally 90) days of written notice from the Department. Offsetting any amount pursuant to this paragraph shall
not be considered a breach of contract by the Department.
The Local Government understands that if it fails to timely perform its obligations, or timely submit invoices and
documents necessary for the close out of the project, the maximum limiting amount may become unavailable or reduced
due to a removal or withdrawal of federal funds or a loss of state appropriation, and the Department will have no obligation
to provide funds from other sources. The Local Government agrees that in the event the maximum limiting amount of this
Agreement is reduced by such removal, withdrawal, or loss of funds, the Local Government will be solely responsible for
.payment of costs and outstanding invoices no longer reimbursable due to the loss of funding.
6. Invoices for fees and other compensation will be certified by the Local Government as being due and eligible for
reimbursement and shall be submitted in sufficient detail along with appropriate supporting documentation to allow a
proper pre and post audit thereof.
7. The Department agrees to reimburse the Local Government an amount not to exceed a maximum limiting amount
of$ Forty one thousand one hundred eighty nine dollars and sixty one cents (amount spelled out) for actual direct
costs. This is a maximum limiting amount. Amount paid will not exceed FDOT's approved and FHWA's authorized
amount for the work scope described in the DDIR(s). Deliverables must be received and accepted in writing by the
Department's Project Manager prior to payments.
(Check all that apply).
❑ This amount may be adjusted by agreement of both parties documented in an amendment to this
agreement.
• Will be paid upon processing of an approved invoice pursuant the invoice requirements of this agreement.
❑ Invoices will be submitted monthly
❑ Invoices will be submitted quarterly
❑ Invoices will be submitted
• One invoice will be submitted upon completion
8. Choose one of the following:
• Travel costs will not be reimbursed.
❑ Travel costs will be reimbursed if submitted pursuant to and in compliance with Section 112.061, Florida
Statutes.
9. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to
Section 55.03(1), Florida Statutes, will be due and payable in addition to the invoice amount. Interest penalties of less
than one dollar ($1.00) will not be enforced unless the Local Government requests payment. Invoices that have to be
returned to a Local Government because of Local Government preparation errors will result in a delay in payment. The
invoice payment requirements do not start until a properly completed invoice is provided to the Department.
10. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division
of Consumer Services at 1-877-693-5236.
11. The Local Government agrees to complete the project on or before June 30th 2017. If the Local
Government does not complete the project within this time period, this Reimbursement Agreement will expire on the last
day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the
Local Government and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this
Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the
agreement will not be reimbursed by the Department.
12. Recipients of federal funds awarded by the Department to the Local Government are subject to audits as defined
in OMB Circular A-133, as revised. See attached Audit Requirements, attached and incorporated herein as Exhibit B.
13. In the event this Agreement is in excess of $25,000.00 or has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated as follows:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a
statement from the Comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00
and which have a term for a period of more than one year."
14. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature.
15. Agreements that are entered into by the Local Government with third parties to perform Emergency Relief
Program work for which the Local Government intends to seek reimbursement involving FHWA Emergency Relief
Program funds shall:
a. Be negotiated, solicited, or openly bid by the Local Government. Note: Pre-event agreements must be openly
bid.
b. Include provisions mandating compliance with Davis-Bacon wage rates and include the wage rate tables in the
agreement, said tables being available at: http://www.dot.state.fl.us/construction/wage.shtm; however, Davis-
Bacon labor standards do not apply to debris removal work unless done in conjunction with a construction project.
c. Include the "Required Contract Provisions for Federal-Aid Construction Contracts" (FHWA- 1273) a copy of
which is attached and incorporated herein as Exhibit E; however, Form 1273 is not required for scope of work
specific to debris removal.
d. Mandate compliance with Federal "Buy America Requirements", a copy of which is attached and incorporated
herein as Exhibit D.
e. Mandate coordination by the Local Government and the third party contractor with the Department to assure
compliance with the requirements of the National Environmental Policy Act(NEPA) of 1969.
f. Mandate compliance with 49 CFR Part 26, Disadvantaged Business Enterprise Program, including the
requirement for the Contractor and/or the Local Government to report monthly on the Equal Opportunity Reporting
System on the Department's website found at http://www.dot.state.fl.us/equalopportunityoffice/.
g. Mandate compliance with all requirements as imposed by the Americans with Disabilities Act of 1990 (ADA),
the regulations of the Federal government issued thereunder, and assurance by the Local Government pursuant
thereto.
h. Mandate compliance with the convict labor prohibition in 23 U.S.C. 114. Convict labor cannot be used in
Emergency Relief construction projects.
i. Contracts for debris monitoring services must be procured in accordance with Section 287.055, Florida Statutes,
or Section 287.057, Florida Statutes, as a contractual service and the procurement method must be consistent
with 49 CFR Part 18. Debris monitoring contracts must include all federal aid contract requirements and must be
consistent with the FHWA approved boilerplate, Debris Monitoring Scope of Services. The Debris Monitoring
Scope of Services is available at the following link: http://www.dot.state.fl.us/statemaintenanceoffice/scopes.shtm.
j. Professional consultant contracts must be procured in accordance with Section 287.055, Florida Statutes, and
23 CFR Part 172. Contracts must include all federal aid contract requirements and must be consistent with the
FHWA approved boilerplate, CEI Pre-Event Scope of Services. The CEI Pre-Event Scope of Services is available
at the following link: http://www.dot.state.fl.us/construction/Design Build/ConsultantCEl/ConsultantMain.shtm.
16. Exhibit C, attached and incorporated herein, indicates Federal resources awarded through the Department by this
agreement.
17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five years after the Department has
closed out an Emergency Event with the Florida Division of Emergency Management. Records of costs incurred include
the Local Government's general accounting records and the project records, together with supporting documents and
records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
18. All invoices are to be mailed to:
Florida Department of Transportation
Attn: William Wang, P.E.
3400 W. Commercial Blvd.
Fort Lauderdale , Florida 33309
19. Contact Names and Addresses:
Local Government: Indian River County
Address: 1801 27th Street
Building A
Vero Beach, , Florida 32960
Contact Name: Kimberly Graham, P.E.-County Traffic Engineer
Contact Telephone: 772-226-1568
Florida Department of Transportation
Address: Deputy District Maintenance Administrator
3400 W. Commercial Blvd.
District IV
Fort Lauderdale , Florida 33309
Contact Name: William Wang, P.E.
Contact Telephone: 954-777-4203
20. This Reimbursement Agreement embodies the whole agreement of the parties. There are no promises, terms,
conditions, or obligations other than those contained herein, and this Reimbursement Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written, between the parties hereto. The terms
and conditions herein, whether general or specific, shall take precedence over and supersede any inconsistent or
conflicting provision in any attached terms and conditions.
21. It is understood and agreed by the parties hereto that if any part, term, or provision of this Reimbursement
Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining
portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced
as if the Reimbursement Agreement did not contain the particular part, term, or provision held to be invalid.
22. Any questions or matters arising under this Reimbursement Agreement as to validity, construction, enforcement,
performance, or otherwise, shall be determined in accordance with the laws of the State of Florida.
23. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or
breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida.
24. In any legal action related to this Reimbursement Agreement, instituted by either party, the Local Government
hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes,
relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have
under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal
action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such
legal action is filed by the Local Government, the Local Government hereby consents to the transfer of venue to the
county chosen by the Department upon the Department filing a motion requesting the same.
25. The parties hereby agree to bear their own attorney's fees and costs with respect to this Reimbursement
Agreement.
26. The parties hereby agree and covenant that this Reimbursement Agreement is binding on the parties, their heirs-
at-law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below.
27. A modification or waiver of any of the provisions of this Reimbursement Agreement shall be effective only if made
in writing and executed with the same formality as this Reimbursement Agreement.
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28. Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract term.
29. The Local Government agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts
the obligation to comply with s.20.055(5), Florida Statutes.
IN WITNESS WHEREOF, parties have executed this Agreement on the date first above written.
LOCAL GOVERNMENT STATE OF FLORIDA
INDIAN RIVER COUNTY DEPARTMENT OF TRANSP•RTATION
By: 1 /Z. Av_i / By: . . ---..- -,./.' ,
./ AO .,.P.-- _ -7-: __ --. c.; ,
Name: /OS, 'H E. FLESCHER Name: OWARD WEBB, P.E. -_ , —
'ys/* - -• -
Title: CHAIRMAN �S>�.. •" '' o,�F Title: DIRECTOR OF OPERATIONS; „ . -
o: _ - _
APPROVED: June 13, 2017 :�: = _
Attest: Jeffrey R. Smith, C�srk •:_'l . - " -
Attest: ,
L" /
and //jet • ler • e• : K.; sr: /,. ---
(SEAL) Deputy Clerk •'•9./I.,?'-0Ok E' Executive Secretary
Approved as to Form, Legality Dep ment Legal Review' ----
And Exe tion: ,�j����'`
i
local Government Attorney 11/ U if
,/Authorization Received From the Department's
//Comptroller as to Availability of Funds:
3ep-Irxn b-e,i ,.2 , 2 14-
Date
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EXHIBIT A
SCOPE OF SERVICES
As a result of Hurricane Matthew, the County will perform "Emergency" signal repair work described in the signed
Detailed Damage Inspection Reports (DDIR's) listed in Exhibit "F" to restore Federal Aid Roads damaged during
Hurricane Matthew. The DEPARTMENT will seek the maximum amount of FHWA funding available for reimbursement to
the County.
The County will be responsible for verification of eligibility and costs and will submit the supporting documentation directly
to the DEPARTMENT for review and approval. All work is subject to meeting eligibility criteria. It is the responsibility of
the County performing the work to provide the documentation necessary to the DEPARTMENT to justify the eligibility of
items of work and the actual costs incurred for the emergency work described in the DDIR's. The County will submit with
each invoice and supporting documentation package certification of work completed and costs incurred. Exhibit "C" of
this agreement will be used as the certification document. This document must be filled out completely and notarized.
The County shall submit for payment with supporting documentation described above no more than ninety (90) days after
work is completed or from the execution date of this Emergency Local Government Emergency Relief
Reimbursement Agreement.
EXHIBIT B
Audit Requirements
FEDERALLY FUNDED CONTRACTS
The administration of resources awarded by the Department to INDIAN RIVER COUNTY may be subject to audits and/or
monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised
(see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited
scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement,
the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department staff to INDIAN RIVER COUNTY
regarding such audit. INDIAN RIVER COUNTY further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Department's Office of Inspector General (OIG) and Florida's Chief
Financial Officer(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as
revised)are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. EXHIBIT C to this agreement indicates Federal resources awarded through the Department by this
agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources
of Federal awards, including Federal resources received from the Department. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
PART II: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year
audit findings, including corrective action and current status of the audit findings is required. Current year audit findings
require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
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state official.
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,
as revised, by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit(a,dot.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted
in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of
Federal awards directly to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSineleAudit n,dot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters
issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSinaleAudit(&,,dot.state.fl.us
3. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
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4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to
the recipient in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at least five years from the date the audit report is issued, and shall allow the Department, or its
designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for
a period of at least five years from the date the audit report is issued, unless extended in writing by the
Department.
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EXHIBIT C
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
• (e.g., What services or purposes the resources must be used for)
• (e.g., Eligibility requirements for recipients of the resources)
• (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number& Title) Amount
DOT(Department of 20.205 $41,189.61
Transportation) Highway Planning and Construction
Compliance Requirements
1. 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards
http://www.ecfr.gov/
2. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
http://www.whitehouse.gov/sites/default/files/omb/assets/a 133/a 133revised2007.pdf
3. OMB Circular A-133 Compliance Supplement 2014
http://www.whitehouse.gov/omb/circulars/a133compliancesupplement2014
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
1. OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments
http://www.whitehouse.gov/omb/circularsa0872004/.
2. OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
http://www.whitehouse.gov/omb/circularsa102/
3. Title 23— Highways, United States Code
http://uscode.house.gov/browse/prelim@title23&edition=prelim
4. Title 49—Transportation, United States Code
http://uscode.house.gov/browse/prelim@title49&edition=prelim
5. Map-21 — Moving Ahead for Progress in the 21st Century, Public Law 112-141
http://www.gpo.gov/fdsys/pkg/PLAW-112pub1141/pdf/PLAW-112pub1141.pdf
6. Federal Highway Administration — Florida Division
http://www.fhwa.dot.gov/fldiv/
7. Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
https://www.fsrs.gov/
STATE RESOURCES
State Agency Catalog of State Domestic Assistance (Number&Title) Amount
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Compliance Requirements
1.
2.
3.
Matching Resources for Federal Programs
Federal Agency Catalog of Federal Domestic Assistance (Number&Title) Amount
Compliance Requirements
1.
2.
3.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
EXHIBIT D
Federal Highway Administration Provision — Buy America
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,
prestressed 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 $ 41,189.61. 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.
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Exhibit E
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
FHWA-1273 -- Revised May 1, 2012
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)
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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.
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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 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:
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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.
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6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 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.
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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 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.
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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.
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(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 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
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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.
(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.
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(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.
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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.
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
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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.
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
23
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
This provision is 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
This provision is 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:
"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
25
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.
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.
3. 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
26
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
department or agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
4. 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:
27
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.
28
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.
?9
EXHIBIT F
rj 1 Report Number
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DETAILED DAMAGE INSPECTION REPORT I q r
Z.
U.S.Department I'1 tiS L`�
of Transportation (Title 23, Federal-aid Highways) 1 Sheet
tFederal Highway
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Administration ! of
Location(Name of Road and Milepost) !FHWA Disaster Number
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Cost Estimate
I Description of Work to Date Unit Unit Price QuantityI Cost
(Equipment,Labor,and Materials) I I Completed ' Remaining
i
i �_ S s6b l' ' .
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Method �/ Subtotal 17 3 c;9 ,,i-lid
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Method Subtotal Tj
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Perm.Repair Totals I t- •
Envirornyltal Assessment Recomrgendation
! Categorical Exclusion. 1 ; EA/EIS ! � > 1 Q
1 — I 1 b Estimated Total Jt 1
.Recommendation t FHWA Engineer Date
Eligible L Ineligible
I Concurrence . State Engineer Date
Yes ` i
, No
!Concurrence _ Local Agency Representative Date
L..,_;Yes rTNo
Form FHWA-1547(Rev.4-98)
I
Report Number
613' DETAILED DAMAGE INSPECTION REPORT t- A cam,--�e2
U.S.Department
i of Transportation (Title 23, Federal-aid Highways) Sheet Z
I Federal HighwayZ
Administration - pf
i Location(Name of Road and Milepost) FHWA Disaster Number
A_rrluc,,,, t eA..;;,---k ...` r L 2 — C2
•
Inspection Date • I -
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Description of Damage Federal-aid Route Iqumber
,I TA,-- t(,_ ( n t`k �i.�h\1.�Z \ 1_`�c.4 w`—\..- m4–r.t -'`3 !) / ,
` \ State County
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Cost
Cost Estimate
Description of Work to Dale Unit Unit Price QuantityCost
(Equipment.Labor,and Materials)
I Completed I Remaining
i I R;`P1t c;_c,ci., .-•f! c.1h.1 0 Ne,Ett+�.L1
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II Categorical Exclusion —
°EA/EIS LI_ 1 qt
Estimated Total.
Recommendation _ IF. Engineer Date
7✓Eligible i Ineligible iq / I
Concurrence St e Engineer Dat /
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Concurrence Y cat l Agenc sentativev )
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i'Yes No --- i� '; O J/^Z
Form FHWA-1547(Rev.4-98)
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FDOT ••
Florida Department of Transportation
RICK SCOTT 3400 West Commercial Boulevard MIKE DEW
GOVERNOR Fort Lauderdale, FL 33309 SECRETARY
September 26th, 2017
Kimberly Graham, P.E.
County Traffic Engineer
Indian River County
1801 27th Street, Building A
Vero Beach, Florida 32960
RE: Emergency Local Government Emergency Relief Reimbursement
Agreement
FM Number: 441233-1-F8-01
Description: Hurricane Matthew with Indian River County
Dear Ms Graham:
Enclosed please find a copy of a fully executed Joint Participation Agreement for the Project
referenced above. Said document is to be retained for your records.
Should you have any questions, please contact me at(954) 777-4066.
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Sincerely,
Norma C\ Corredor
Program Management Unit
NC/s
Enclosure: JPA Agreement,
Copy: Bill Wang , P.E. - FDOT Project Manager r z r;:
Work Program Manager h
File
1 7117
TRAFFIC ENGINEERING
www.fdot.gov