HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-004Temp. Reso. # 13222
January 9, 2019
Page I
T CIry OF TAMARAC, FLORIDA
0t/
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RESOLUTION NO. R-2019
A RESOLUTION OF THE CITY COMMISSION OF THE CITYOF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE A SUPPLEMENTAL LOCAL AGENCY
PROGRAM (LAP) AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) AND THE
CITY OF TAMARAC, AMENDING LAP CONTRACT
NUMBER GOU41 FOR THE BIKEWAY PHASE 4 PROJECT
PENDING LEGAL REVIEW, REDUCING THE AMOUNT OFTHE FDOT TRANSPORTATION ALTERNATIVES
PROGRAM (TAp) GRANT AWARD TO $661,016 DUE TO A
REDUCTION IN THE COST OF THE PROJECT;
PROVIDING FOR A SUBSEQUENT REDUCTION IN THE
CITY MATCH REQUIREMENT TO $18,291 !N LOCAL
FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance multi-
modal transportation, wellness and recreational opportunities throughout Tamarac; and
WHEREAS, the City desires to provide safe connectivity between City facilities,
schools, shopping areas, residential areas and the Broward County Greenway system by
establishing an integrated bikeway/walkway system throughout the City; and
WHEREAS, per Resolution R-2013-27, dated March 27, 2013, the City
Commission authorized a grant application and acceptance of a grant award pending
legal review for federal transportation dollars from the Florida Department of
Transportation (FDOT) through the Broward County Metropolitan Planning Organization
in an amount not to exceed $1,000,000.00, a copy of said Resolution is attached hereto
as Exhibit A and is incorporated herein by this reference; and
Temp. Reso. # 13222
January 9, 2019
Page 2
WHEREAS, The City of Tamarac received the fully executed IAP Agreement from
FDOT on February 23, 2018 for grant funding and Notice to Proceed (NTP) with the
project in the amount of $959,817 in federal dollars plus $1 16,140 in local matching funds
for a total contract cost of $1,075,957 forthe Phase lV Bikeway Project, which is attached
hereto as Exhibit B, and is incorporated herein by this reference; and
WHEREAS, on May 23, 2018 the City of Tamarac awarded the Tamarac
BikewayMalkway System Project - Phase lV to Stanford & Sons Trucking Corp., dlbla
Stanford Construction Co. ("STANFORD CONSTRUCTION") via R-2018-54 in the
amount of $661 ,016 plus contingency in the amount of $66,100 for a total project cost of
$727,116, attached hereto as Exhibit C and is incorporated herein by this reference; and
WHEREAS, the $661,016 actual project cost is $414,941 lower than the
$1,075,957 grant awarded to the City from FDOT due to acceptance of the above
referenced contract with Stanford Construction, who possesses the required knowledge
and experience for the construction of the proposed project and agrees to the Terms and
Conditions, Special Conditions, and Technical Specifications of Bid No. 18-01 B, which is
incorporated herein by this reference and is on file in the Office of the City Clerk; and
WHEREAS, FDOT requested and the City agrees to accept and execute a
supplemental agreement amending LAP contract number G0U41 for the Bikeway Phase
4 project, reducing the amount of the grant award from the FDOT Transportation
Alternatives Program (TAP) by $414,941 to the amount of $661,016 due to a reduction in
the actual cost of the project attached hereto as Exhibit D and is incorporated herein by
this reference; and
T
Temp. Reso. # 13222
January 9, 2019
Page 3
WHEREAS, amending the lAP contract will allow FDOT to re-appropriate the
unused funds for other transportation related projects; and
WHEREAS, amending the LAP contract reduces the City's match obligation from
by $97,849 to $18,291 in local funds, and
WHEREAS, it is the recommendation of the Director of Public Services, the
Financial Services Director, and the Purchasing and Contracts Manager that the
appropriate City Officials be authorized to execute the supplemental agreement with
FDOT to amend LAP contract number G0U41 for the Bikeway Phase 4 project; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City of Tamarac to accept and execute the
supplemental agreement with FDOT to amend LAP contract number G0U41 for the
Bikeway Phase 4 project, to reduce federal grant funds awarded to the City to $642,725,
further reducing the match requirement by the City to $18,291 in local funds for an
amended total contract amount of $661,016.
NOW, THEREFORE, BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
SECTION 1 The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution upon adoption HEREOF. All Exhibits attached HERETO are incorporated
HEREIN and made a specific part of this Resolution.
I
Temp. Reso. # 13222
January 9, 2019
Page 4
SECTION 2 The City Commission HEREBY accepts and executes the
supplemental LocalAgency Program (LAP) agreement between the Florida Department
of Transportation (FDOT) and the City of Tamarac, amending IAP contract number
G0U41 for the Bikeway Phase 4 project pending legal review.
SECTION 3:The amount of the FDOT Transportation Alternatives Program
grant award to the City of Tamarac is HEREBY reduced to $661,016 due to a reduction
in the cost of the prolect.
SECTION 4 The amount of the City's match requirement is subsequently
HEREBY reduced to the amount of $18,291 in local funds
SECTION 5 All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6 lf any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
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Temp. Reso. #13222
January 9, 2019
Page 5
This Resolution shall become effective immediately upon itsSE7
passage and adoption
PASSED, ADOPTED AND APPROVED th
ATTEST
,,-!A^v"r ?rnouruf, ,2019
CIA TEUFEL, C
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
LS.GO
CIryA
MICHELLE J EZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: YIM PLACKO
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Temp. Reso. 12319
March 8,2013
Page 1
CITY OF TAMARAC, FLORIDA
RESO LUTION NO, R- 2013 e7
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHOHIZING
THE APPROPRIATE CITY OFFICIALS TO SEEK
FEDERAL SURFACE TRANSPORTATION
PROGRAM FUNDS VIA AN APPLICATION
THROUGH THE BROWARD COUNTY
METROPOLITAN PLANNING ORGANIZATION TO
THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN AN AMOUNT NOT TO
EXCEED $1,OOO,OOO FOR AN INTEGRATED
BIKEWAYMALI*VAY SYSTEM WITHIN THE CITY
OF TAMARAC; PROVIDING FOR A LOCAL MATCH
NOT TO EXCEED $1,OOO,OOO IN THE EVENT OF
APPROVAL OF THE APPLICATION; PROVIDING
FOR ACCEPTANCE OF THE AWARD AND
EXECUTING OF DOCUMENTS UPON APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance
multi-modal transportation, wellness and recreational opportunities throughout
Tamarac; and
WHEREAS, the City desires to provide safe connectivity between City facilities,
schools, shopping areas, residential areas and the Broward County Greenway system
by establishing an integrated bikeway/walkway system throughout the CiW; and
WHEREAS, Federal Surface Transportation Program (STP) funds are available
for selected transportation alternative activities; and
Temp. Reso. 12319
March 8, 2013
Page 2
WHEREAS, STP funds are administered to local governments through the State
of Florida via an application through the Broward County Metropolitan Planning
Organization (MPO) to the Florida Department of Transportation (FDOT) for
transportation alternative projects; and
WHEREAS, in the event of approval of the application, the City will provide the
2013 Transportation Alternatives Program (TAP) fund request not to exceed
$1,000,000 with a match in local funds not to exceed $1,000,000; and
WHEREAS, the Director of Financial Services and Director of Public Services
recommend submission of the application and acceptance of the award in the event of
approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to apply for STP
funds via an application through the Broward MPO to FDOT and accept the award and
execute the necessary documents following legal review and approval.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing IIVHEREAS' clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specilic part o{ this
Resolution. All exhibits attached hereto and referenced herein are expressly
incorporated and made a specific part of this Resolution.
Temp. Fleso. 12319
March 8,2013
Page 3
Section 2: The appropriate City Officials are HEREBY authorized to apply for
STP funds via an application through the Broward MPO to FDOT for proiect costs in
an amount not to exceed $1,000,000 for an integrated bikeway/walkway system
throughout the City, providing for a match in local funds not to exceed $1,000,000 in
the event of approval of the application. A copy of said application form is attached
hereto as.Exhibit A".
Section 3: Upon approval of the application, the appropriate City officials are
HEREBY authorized to accept the award and execute the necessary documents
following legal review and approval.
Section 4: An appropriation for the receipt and expenditure for this grant will be
included in a budget amendment prior to November 30, 2016 pursuant to F.S. 166.241(2).
Section 5: All Resolutions in conflict herewith are HEREBY repealed to the
extent of such conflict.
Section 6: lf any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
PASSED, ADOPTED AND APPROVED tni" 2 Toay ot
mrediately Wn
,L( a4-t/,-
Temp. Reso. 12319
March 8, 2013
Page 4
its adoption.
2013
Section 7: This Resolution shall become effective im
BETH TALABISCO
MAYOR
AfiEST:
. PATRICIA TEU cMc
INTEffi\IICITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
J
SA
CITY ATTORNEY
RECORD OF COMMISSION VOTE
MAYOR TALABISCO
DIST 1: COMM. BUSHN
DIST 2: COMM. ATKINS-G
a
DIST 3: COMM. GI.ASSER Iy'Z.<-
DIST 4: YtM DRESSLER 4'*
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General lnformation
Project Title:_
Project Sponsor (municipal, county, state, or federal agency, or tribal council):_
Contact Person: Title:
Email:_
SponsorAddress: , r--:- r .,,i r,.. , l
Priority (relative to other applications submitted by the Project Sponsor):-
Name of Applicant (lf other than Project Sponsor):-
The applicant
fl seeks project-specific LAP Certification
I fras never been LAP Certified
U is currently LAP Certified
f] nas been LAP certified in the last 5 years
1 Qualifying Activities
Check the enhancement activity that the proposed project will address. Please check one
activity that represents the majority of the work proposed. (Note Checking more activities does not
ensure or rncrease elrgibility.) f;ltg.lbjqEg[yllg$. must be consistent with details described under 23
u.s.c 213(b).
tr Construction of on-road and off-road trail facilities for pedestrians, bicyclists, and other
nonmotorized forms of transportation, including sidewalks, bicycle infrastructure,
pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-
related infrastructure, and transportation projects to achieve compliance with the
Americans with Disabilities Act of 1990
n Construction of infrastructure-related projects and systems that will provide safe routes
for non-drivers, including children, older adults, and individuals with disabilities to
access daily needs.
n Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists,
or other nonmotorized transportation users
n Construction of turnouts, overlooks, and viewing areas
n lnventory, control, or removal of outdoor advertising
tr Historic preservation and rehabilitation of historic transportation facilities
n Vegetation management practices in transportation rights-of-way to improve roadway
safety, prevent against invasive species, and provide erosion control
n Archaeological activities relating to impacts from implementation of a transportation
project eligible under title 23
Page 2 of 6
n Any environmental mitigation activily, including pollution prevention and pollution
abatement activities and mitigation to:
n address stonnwater management, control, and water pollution prevention or
abatement related to highway construction or due to highway runoff, including
activities described in sections 133(bX 1 1), 328(a), and 329 of title 23; ot
n reduce vehicle-caused wildlife mortality or to restore and maintain connectivity
among terrestrial or aquatic habitats.
tl The safe routes to school program under section 1404 ol the SAFETEA-LU note,
Florida's Safe Routs to School lnfrastructure applrcation ntu$! accompany this
applicatron to be consrdered for funclrng
tr infrastructure-related projects on any public road or any bicycle or pedestrian
pathway or trail in the vicinity of schools that will substantially improve the ability of
students to walk and bicycle to school, including sidewalk improvements, traffic calming
and speed reduction improvements, pedestrian and bicycle crossing improvements, on-
street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking
facilities, and traffic diversion improvements in the vicinity of schools.
I Application is attached
f Noninfrastructure-related activities to encourage walking and bicycling to school,
including public awareness campaigns and outreach to press and community leaders,
traffic education and enforcement rn the vicinity of schools, student sessions on bicycle
and pedestrian safety, health, and environment, and funding for training, volunteers, and
managers of safe routes to school programs.
t] Constructing boulevards and other roadways largely in the right-of-way of former
lnterstate System routes or other divided highways.
2 Project Description: (all items are required, applications without this information will not be
reviewed)
ir
Road Name;-
Road number:_
Project Begins:_
Begin Project Mile Post (MP):_
! Local Road
Ends: _ l
End Project MP:-
n State Road
I ,:
f] A location map with an aerialview is attached (required) (Location-Map.pdO
(a) What is the scope of work for the project and where is the project located (what are the
termini)?
fl A more detailed scope of work is attached. (Scope.pdf or Scope.docx)
(Please type your desoiption here)
(b) Summarize any special characteristics of project. (a Typical Section drawings depicting
existing and proposed features and dimensions and right of way lines must be attached)
tr Typical section is attached (Typical-Section.pdf)
(Please describe your Typical Section here)
Page 3 of 5
(c) Describe the project's existing right of way ownerships. This description shall identify
when the right of way was acquired and how ownership is documented (i.e. plats, deeds,
prescriptions, certified surveys, easements).
(Please type your description here)
(d) Describe any proposed right of way acquisition, including expected matching fund
source, limitations on fund use or availability, and who will acquire and retain ownership of
proposed right of way. Obtaining any property interest, i.e., fee title, a perpetual/permanent
easement or a temporary construction easement, is considered to be right of way acquisitton,
even if such acquisition is from a governmental entity or via donation. Additionally, using a
license agreement instead of acquiring an appropriate property interest to avoid such acquisition
would not be an acceptable alternative.
n No Right-of-Way acquisition is proposed
n Temporary construction easement will be required
n Some proposed construction activities may require an easement
(Please type your description here)
(e) Describe any related project work phases that are already complete or currently
underway.
n This is not a phased project
D Previous phases of this pro1ect were constructed as LAP projects or JPA using FM
numbers: (Pbase type your description here)
(0 Provide detailed project cost estimate. Estimate shall be broken down to FDOT typical
pay items to allow for verification of eligible project cosls. Estimates are to be prepared by a
Professional Professional Engineer. Use the following links to access the basis of esttmates
manual as well as historical cost information for your area:
Basrs of Estrmates Manual
Historical Cost lnformation
n n Oetailed cost estimate is attached (Cosf-Estimafe.xlsx) (required)
(g)Other specific project information that should be considered
(Please type your description here)
3 Project lmplementation lnformation:
Attach documentation as exhibits to this application.
(a) Describe the proposed method of performing (i e contract or in-house) and
administering (i.e. local or state) each work phase of the project. lf it is proposed that the
project be administered by a governmental entity other than the Department of Transportation,
the agency must be certified to administer Federal Aid projects in accordance with the
department's Local Agency Program Manual (topic no. 525-010-300). Web site:
rarww. dot. state.f l. us/proiectmanaoementoffice/lap/defa ult. htnt
I Design to be conducted by in-house staff
n Design to be conducted by FDOT pre-qualified consultant t')(2)
n Design to be conducted by non-FDOT pre-qualified consultant{2)
Page 4 of 6
n Right-of-Way acquisition to be conducted by in-house staff
fl Rignt-ot-Way acquisition to be conducted by FDOT staff
E CEI to be conducted by in-house staff
I cet to be conducted by FDOT prequalified consultant(rl(2r
f] Cgt to be conducted by non-FDOT pre-qualified consultant (2]
{1} FDOT pre-qualified consultants must be used on all design and CEI work for critical
projects (a project is considered critical when it features a struclure, has a budget
greater than $10 million and/or is on the State Highway System (SHS))
(2! Design consultant and CEI consultant shall not be the sarne.
(b) Describe any public (and private, if applicable) support of the proposed project.
(Examples include: written endorsement, formal declaration, resolution, financial donations or
other appropriate means).
(c) Describe the proposed ownership and maintenance responsibilities for the project when
it is completed.
(d) Describe source of matching funds and any restrictions on availability
(e) Other specific irnplementation information that should be considered
Page 5 of 6
4 Cost Estimate:
The total amount of Transportation Alternative funds (TAP*.) requested per projects (infrastructure)
must be in excess of $250,000 with a maximum of $1,000,000. Transportation Alternative Funds
will be used to fund Construction, Construction Engineering and lnspection Activities (CEl) and
FDOT ln-House Support Activities. Local Funds (LF) will be used for all non-participating items,
contingency activities and any costs in excess of the awarded enhancement (SE) allocation.
Total Construction Cost Estimate: This is the total project construction cost estimate including all
enhancement related items and any additional scope of work being identified.
'Letters before the descriptions in the cost estimate above relate to the detailed cost estimate spreadsheet
(Cost_Estimate.xlsx) and should match the corresponding figures 6xactly.
" Use of the term TAP represents the actual funding codes of TALT, TALU and TALL
Notes:
The Total Construction Cost Estimate in this field must be equal to the Tolal Construclion Cost Estimate from the attached
detailed project cost estimate.
Cost Estimate of Eligible (participating) items must be equal to the Subtotal FHWA Participaling from the attached detailed
proiect cost estimate.
FDOT ln-House Design and Construction Support must be included in SE funds for an amount no less lhan 95.000' an
additional $2,000 is required for crilical projects. This is a required item.
It is strongly recommendect that the appltcant allocales a nomlnal amount tor CEl. ln the event that the proiect is
programmed without any requesl for Phase 68 funding. there is no opporiunity to allocate CEI funds based on bid
savings.
Any required Federal Tlansit Authority (FTA) administralive f€es must be induded in LF
FDOT Oversight CEI must be included in SE funds and b6 equal la 2o/o ol lhe Total Construction Cost Eslimate
(1)
(2|
(3)
(4)
(5)
(6)
Item Description Cost $
'(A) Total Construction Cost Estimalellr $0 00
'(B) Cost Estimate of Eligible (participating) itemsarj $0 00
Funding Brcakdorrn Fund
Source Cost $
-(C) FDOT ln-House Design Support (phase 31){3)TAP $5,000.00
'(D) (Critical projects only) FDOT ln-House Design Support (phase 31) (''TAP $2,000.00
.(E) FDOT ln-House Construction Support (phase 61){3}TAP $5,000.00
.(F) (Criticalprojects only) FDOT ln-House Construction Support 61) '''TAP $2,000.00
.(G) Enhancement funds requested for Construction (phase 58)TAP $0.00
'(H) Local Funds for Construction and Contingency (phase 58)LF s0.00
.(l) Local Funds for Contingency (phase 58)LF $0 00
.(J) Construction Engineering & lnspection Activities (CEl) (phase 68) (o'TAP $0 00
'(K) Construction Engineering & lnspection Activities (CEl) (phase 68)(a)LF $0.00
-(L) Transit Related projects FTA 1O% administrative fees {t'LF $0.00
'(M) FDOT Oversight CEI (3% of Construction Cost Estimate) lphase 62) t6'TAP $0 00
Fmdiry Summar
'(N)TotalTAP funds $14,000.00
'(O) Total LF funds s0 00
*(P) Total Funds $14,000.00
Page 6 of 6
5 Certification of Project Sponsor
I hereby certify that the proposed project herein described is supported by
-
(municipal, county, state or federal agency, or tribal council) and that said entity will: (1) provide
any required funding match; (2) enter into a maintenance agreement with the Florida
Department of Transportation; (3) comply with the Federal Unrform Relocation Assistance and
Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with
NEPA process prior to construction, this may involve coordination with the State Historic and
Preservation Office (SHPO) prior to construction. (Not at time of application) and (5) support
other actions necessary to fully implement the proposed project. I further certify that the
estimated costs and/or failure to follow through on lhe project once programmed in the Florida
Department of Transportation's Work program included herein are reasonable. I understand that
significant increases in these costs could cause the project to be removed from the Work
Program.
Signature
Name (please type or Print)
Title
Date
FOR FDOT USE ONLY
Application Complete
Project Eligible
I mplementation Feasible
lnclude in Work Program
I Yes
I Yes
n Yes
I Yes
fl No
E tto
nruo
D tto
Exhibit B
STATE OF FLORTDA DEPARTIIEMT OF TRANSPORTAIrcNLocAL AGENcy pRoGRAM aenEEnrreur 525-010{c
PROGRAM MANAGEMENT
ffic-o7i17
Pag6 1 of 15
FPN:
Federal
Federal
Fund:
Org Gode:OA(A
FLAIR Approp:
County
Local Agency Vendor No:
Catalog of Federal Domestic
FPN:
FederalNo (FAIN):
Federal Award Date:
Fund:
FPN:
FederalNo (FAIN):
FederalAward Date
Fund:
Org Code:
FI-AIR
LocalAgency DUNS No: 07-t2t-0940
Construction
Org Code:
FLAIR Approp:
Contract No:+l
Assistance (CFDA)20.205 Highr,vay Planning and
ffi 59:HJ*flHT'il;ffii3i;:if:f:*JTiJg"*#ffI"ij
*,e partilso#r*:15,tffE' in consideration of the mutual covenants, promises and representarions in this Agreement,
1' Authortty: TheAgenry, byResorution No. R-2013-27 dated.the _27. dayof March . .,201i!, acopy of which is attached as Exhi6it 'F' and Tade;p".r;ffiimmreement, has authorized its officers to execute thisAgreement on its behalf. The Department-h; *re auinl*y prirrrriio section 339.12. Florida statutes, to enter into thisAgreement.
2' Purpose of Agrg3lent: . Tlre purpose of this Agreement is to proMde for the Department,s participation in NW-*e #s:1.lh*rf ['JJ#,ttii"d#'jmassistance to the Agency, state the terms inci.conoitions upon wiilctr oepartrnent funds wiil oe provided, and to set forththe manner in which theFroject wi, be uno"rt"t"n ""0 "oriiJJ.
-'
3' Term of Agryment
-The Agency a9r99s to complete the Project on or before December 31..20.1g. tf theAgency does not complete the Prqect iitnin ti',L trn" p.rloo, ttl. ngLr"nt wilt expire on tire last day of the schedutedcompletion as provided in this parigraph unless an extension of the-time_period is requested by the Agency and grantedin writing by the Deoartment3ti* [o in" "*piation of this Agi""r"rt. Expiration of this Agreement wi1 be considered:::HXIJ:l;J,1l5JJr'l*"-ihe cost ot anv-work perrorm"-J "t"it. expiration aae oiinc Asreement *il not n"
4. Project Cost:
A' The total cost of the Project is $ 1t97,5-9PI.09. This amount is based upon the schedute of funding inExhibit "8", schedule of Funding affi6&tffi'nd incorporated in this Agreement rhe Agency agrees tobear all e)penses in excess of-the totai*"t "r1nr i,roject and any deficits involved. The schedule offunding mav be modified by mutuar agreemenr;. 6;iddd foa in p;ra#il'b.r
B' The Department agrees to participale_ in the Project cost up to the maximum amount of sps$Qll,.1Qg andas more fully described in Exhibii "B". This arriorniin"rudes Federal-"lo irno" which are limited to theactual amount of Federal-aid participation.
c' Proiect costs.eligibl'e for Department- participation will be allowed only from the date of this Agreement. ltis understood that Department participatior'in
"i'gibl; irq*t cmts is subject to:
i' Legislative approual of the Departments appropriation request in the work program year that theProject is scheduled to be committed:
ii' Availability of funds as stated in subparagraphs s.L- and s.M. of this Agreement;
STATE OF FLORIDA DEPARTTENT OF'TRANSPORTATION
LOGAL AGENCY PROGRAM AGREEMENT 56010{o
PROGRA4 UAI{AGEIGNT@-a?n7pBgs Z of t6
5.
lll' A99r.ov3l of all plans' specifications, contracts or other obligating documents and all other termsof this Agreement; and
iv' Department approval of the Project scope and budgel at the time appropriation authoritybecomes available.
Req uisitions and PaymenG:
A' The Agency shall provile quantifiable, measurable, and verifiable units of deliverables. Each deliverablemust spocify the required minimum level of service to be perfomeo anJ ne cilteria tor evaluatingsuccessful completion.- The Project and the quantifiable, measurable, ano vermatte units of deliverabtesare described more fully in Exhibit "A..
B' lnvoices shall be.submitt'ed by the Agency in detail sufficient for a proper pre-audit and post-audit basedon the quantifiable, measurable ano verifiabte units of deliveribtis i. -"rt oriiii"d in Exhibit ,A".
Dellverables must be received and accepted in writing ovlte oepartment,s ,;j* Manager prior topayments.
c' The Agency shall charge to the Project account all eligible costs of the project except costs agreed to bebome by the Agency or its conlractors and subcontraZ{ors. costs in exds oiiii" "progorred fundingor attributabh to actions which have not rSeived_the required "pp.*i oilne
-o#:rtment
shal not beconsidered eligible costs. All costs charged to the Prc{ect, inctuaing anv rpprr"Jtl-"us.contributed bythe Agency or othens, shall be supporti uy property'execu-til payrotts, time records, rnvorces, con*actsor vouchers evidencing in proper detail the ndture and propriety br lr,e ct arges,
D' Supporting documentation must establish that the deliverables were receiraed and accepted in writing bythe Agency and must also establish that the required minimum level of service to be performed based onthe criteria for evaluating successful cornpbtion as specifieo in #i;ii;Ail;-;;I t'
E' Bills for travel experses specifically authorized in this Agreement shall be submitted on the Department,scontractor Travel Form No. 300{00{6.and will u" plioln accordance with secti;; l;t2.061, Ftoridastatutes and the most cunent version of the Disburs"rd"nir-l"nouook for Employees and Managers.
F' Payment shall be ladg gnjv-3tter recgipj and apprwal of goods and services untess advance paymentsare authorized by the chief Financial fficer of ihe state oi rorroa una". Cr,"pl"i. iis ana216, Floridastatutes' lf the Department determines that tne pe*ormance o! the Agency is unsatisfactory, theDepartment shall notify the Agency of the deficie#y to ui conecteo, which correction shalt be madewithin a time-frame tobe specifbrl by the.Department. tne ngency stati, witnin G oays after notkr fromthe Department, provide the Department with a conective -""tion plan describing now the Agency willaddress all issues of 991rad non-performance, unacceptable performarrce, failure to meet the minimumperformance levels, deliverable deficiencies, or contraci non-compliance. ti tre "orroip. action plan isunacceptable to the Department' the {9encv shall be assessed a non-performance retainage equivalentlo 10o/o of the total invoice amount' The.retainag.e snariGlpplied to the invoice for the lhen-cunentbilling period. The retainage shall be withheld..unt'it rre agency'qeso.lves the oenoenci. lf the deficiencyis subsequently resolved, the Agency may bill the Depaim",{t tor the retained ,*",irt during the nextbilling period. lf the Agency is unabla to resolve the dehcierrcy,in" rrno.i"t r;il;;';" forfeited at theend of the Agreement's term.
G' Agencies providing goods and services to.the Department should be aware of the following time frarnes.lnspection and approval of goods or services snilt tate no longer than 20 days from the Department,sreceipt of the invoice' The Department has 20 days to delivei a request for paynent (voucher) to theDepartment of Financial services. The 20 days ari rn""iur.] from the latter of the date the invoice isreceived or the goods or services are received, inspected, and approved.
lf a payment is not available within 40 days, a separate interest penalty at a rate as established pursuantto section 55-03(1), F.s., will be due ano payiue, in aaoitlori to th-e invoic" "ror"i to the Agency.lnterest penalties of less than one ('l) dotlar will not be enroiceo unless the Agency requests payment.lnvoices that have to be returned to an Agency because of Agency preparation Jrrors will result in a delay
STATE OF FLORIDA DEPARTIIENT OF TRANSPORTATIONLocAL AGENcy pRocRAM eoieEnnerur 525{rC{0PROGRAM I{ANAGEMENT
o@-07117
Ftg€ ! ot t5
in the payment Th9 invoice payment requirements do not start until a properly completed invoice isprovided to the Department.
A vendor ombudsman has been established within the Department of Financial services. The duties ofthis individual include acting as an advocate for Agencies *rro *rv be experiencing problems in obtainingtimely pavrnent(s) from a stlte "ger.y.-i1," Vend-or o;Lfi;;;, may be contacted at (850) 413-ss16.
H' Records of costs- incurred under the terms of this Agreement shall be maintained and made availableupon request to the Department at all times during th-e perioJ of this Agreement and for five years afterfinal payment is made. copies oi n"te docume-nts ,no r.ooios shalioe furnished to the Depafimentupon request' Records of costs incurred include the Agency;s lenerat accounting records and the pro1ectrecords' together witi supporting documents and ,econis, -or tn" contractor and all subcontractorsperforming work 9n the pioject, alno atl other records of G Contractor and subcontractors considerednecessary by the Department for a proper audit of costs.
l' Prior to the executjgn gt this Agreement, a Project schedute of funding shalt be prepared by the Agencyand approved by the Departmint. The'Agency srral maintain said ichedute ot ttinoing, carry out theProj€ct' and shall incur,obligations againsiandmake disbursements of project funds only in conformitywith the latest approved scliedule or iunoing_ for tne Froje"t. ine schedute of funding may be revised byexeculion of a LocalAgency Prograrn (LAl1 suppemJntaiegieement between the Department and theAgency' The Aoency aclinowt&ge"'"no igrd; th"t fiililg for this project may be reduced upondetermination of the agency's contiact award-am.ount. -r revisei a copy of the supplemental Agreementshall be forwarded.to the D-epartment's Comptroller. No increase or decrease shall be effective unless itcomplies with fund participation requiremenis of this ngreeme;t and is approved by the Department,sComptroller.
J' lf' after Project completion, any claim is made by the Department resulting from an audit or for work orservices performed pursuant to this Agreement, the oepartmeni may offset such amount from paymentsdue for work or serylce: done under r-ny "gr"er"nt which it has with the Agency owing such amount if,upon demand, payment of the amount is not made within 60 days to the Department. offsetting anyamounl pursuant to this paragraph shall not be consider"o i ui"icn or contiaa-6y iiie oep"rtrent.
K' The Agency must submit the final invoice on -the Project to the Department within 120 days after thecompletion of the Project. lnvoices submitted ,rt"r tn" iioJ;y il" period may not be paid"
L' The Department's performance and obligation to pay under this Agreement is contingent upon an annualappropriation by the Legislature- lf thebepartmeni's funding for this project is in multiple fiscal years,funds approval from the Department's co*ptrott"l" must be &eived each fiscal year prior to costs beingincurred' see Exhibit .s' tor funding tevets'oy tiscar-yqi. ,rq*, costs utitizing these fiscat year fundsare not eligible for reimbursement if i-ncurreo prio,r to r,lrJr "ppil-r"r being received. The Department willnotify the Agency, in writing, when funds are avaitable.
il' ln the event this Agreement is in excess of $25,000 and has a term for a period of more than one year,the provisions of section 339.13s(6xa;, rtorioa statutes, ,r- t,"r"6y incorporated.
"The Department,.during any fiscal year, shall not expend money, incur any liability, orenter into any.contract *rrictr, oy its ierms, involves the expendit,ire or monJy in-excessof the amounts budgeted as ivailable ror erp"noiiuie-during such fiscal year. Anycontract, verbal or written, made in violation of tnis suUsectiori is nuil ano voia, ano nomoney may b9 paid on such contract. The Department shall require a statement from thecomptroller of the Department thal funds- ".J"rrir"u]" frior to entering into any suchcontract or other binding commitment of funds ruotring-nerein containEd snalt
'prevent
the making of contracts for periods exceeding 1 year, aft any contract so made shall beexecutory only for the value of the servic."'io oe rendered-or agreed to oe palo ror insucceeding lscalyegp, and this paragraph shall be incorporateo verbatim in ail contractsof the Department which are for an arnount in excess of $25,000 and which have a termfor a period of more than 1 year.,,
STATE OF FLORIDA DEPARTUENI OF TRAT.ISPORTATIONLOCAL AGENCY PROGRAi' AGREEMENT 525{10a0PROGRAM MANAGEMENT
oGC- 07fl7pqe 4 ct t5
6' Department Payment obligations: Subjecl !9.ot!rer provisions of this Agreement, the Department wi1 honorreguests for reimbursernent to the Agency pursuant.to this Agreenrent. However, riot*itnit"nding any other provision ofthis Agreement, the Department may elecl by notice in writing-noito make , pryn1unii],- - "-'
A' The Agency shall harre made misrepres€ntation of a material nature in its application, or any supplementor amendmenl to its application, or with respect to any document oi aat" rr*isrreo wittr it. lppli-"kon o,pursuant to this Agreement;
B' There.is any.pending litigation.with respect to the performance by the Agency of any of its duties orobligations which may jeopardize or adversely affect the projeci'the-Agieement or paFnents to theProject;
c' The Agency shall have taken any action pertaining to the Project which, under this Agreement, requiresthe approval of the Department or has made a redted expenoiture or ;nir.rr"*o retateo -ootilat,onr,ritt orthaving been advised by the Department that same are approved;
D' There has been any violation of the conflicl of interest provisions contained in paragraph ,t6.J.; or
E' The Agency has been determined by the Dapartment to be in defautt under any of the provisions of theAgreement.
The Department may suspend or terminate_.paym.ent for that portion oj the project which the Federal HighwayAdministration ("FHWA'), or the Department acting in lieu of ftrwn, -niay oesifnati ". ii"Gur" for Federat-aid.
ln determining the amount of the payrnent, the Department will exclude all prc{ect costs irrcurred by the Agency prior tothe Department's issuance of a Notice to Proceed fNTP), costa incurred after the expiration of the Agreement, costswhich are not provided for in the latest approved schedule of funding in Exhibit "n. rol ttre prqect, costs agreed to beborne- by the Agency or its contractors and'subcontractors to. not m*ting the pro1"Jc;;encement and final invoicetime lines, and cos{s attributable to goods or services receilred under a contract oi other arrangemenls which have nolbeen approved in writing by the Department.
7' General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound,economical, and efficient manner, and in accordance with the provisions inthis ngre;;t, ,nd all applicable taws. ThePro.lect will be performed in accordance with alt applicable oeia.tment proceoure!,-t;'d;lift, manuats, standards, anddirectives as described,in the Department's loFGpencvPrp{ryrm *rgnugl,. which u1l tti"i"ier"nce is made a part of thisAgreement. Time is of the essence as to ea@r Asd;;;| - -
A' A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate,and consistent with the terms, conditions, and specifications of this ngieilr"il shall be in responsiblecharge of the Project, which employee should u" inl" ro perform ft"?"rr":*ng duties and functions:
i' Administers inherently governmental project activities,.including those dealing with cosl, time,adherence to contract requirements, consrruction quatity il;op"; reoerlr-au ;r"J*t;,-'
ii' Maintains familiarity of day to day Project operations, including project safety issues;
iii- Makes or participates in decisions about changed conditions or scope changes that requirechange orders or supplemental agreements,
iv' Visits and reviews the Project on a frequency that is commensurate with the magnitude andcomplexity of the Project;
v' Reviews financial processes, transactions and documentation lo ensure that safeguards are inplace to minimize fraud, waste, and abuse;
vi' Directs.Project staff, agency or consultant, to carry out Projecl administration and contractoversight, including proper documentation;
STATE OF FLORITA OEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT 525.010.a0PROGRAM MANAGEMENTocc- 07117
Page 5 rf '15
vii.ls aware or the qualifications, assignments and on-the-job performance of the Agency andconsultant staff at all stages of thJproject.
B' once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoiceor other request for reimbursement to the Depirtmenr nJ tess than once every 90 days (quarterly),beginning from the day the NTP is issued. if tne Rgency- fails to submit quarterly invoices to theDepartment, and in the event the failure to timely submit invoices to the Department results in the "FHWA,removing any unbilled.funding or the loss of Stite appropriation authorily iwhich may include the loss ofstate and federal funds, if there are state funds prlirai',rn"o to the project), then the Agency wilt besolely responsible to provide all funds necessary tb c6mplete the project ina ihe oepartment wi1 not beobligated to provide any additional funding for the erole&. ine Agency waives the right to contest suchremoval of funds.by the Depa(ment, if t[e removal is retatea-toFHWn's withdrawai of funds or if theremoval is related to the loss of State appropriation authority. ln addition to the bss of funding for theProject, the Department will also consider the de-certification of the Agency roiirtuie LAp projects. Nocost may be incuned under this Agreement until after the Agency has received a written NTp from theDepartment. The Agency agrees ti advertise or put the irq;;i out to bid thirty (30) days from the datethe Department issues ftre rutp to advertise the Prqect. rr ilre *gency is not able to meet the schedutedadvertisement' the District l-AP Administrator should'be notified as soon as possible.
c' lf all funds are removed from the Projd: including amounts previously billed to the Department andreimbursed to the Agency,, and the erqbct is off the it"t" nigh*uy system, then the Department wi1 haveto requ€st repaynent for the previously billed amounts rrom-ttre Agency. ilo state funJs can be used ono!-srytgm projects, unless.authorized pursuant to Exhibit 'G', State Funds Addendum, which wiil beattached to and incorporated in this Agreement in the event state funds are used on the project.
D' ln the event that any eleclion' referendum, approval, permit, notice or other proceeding or authorization isrequired under applicable law to enable thi'Agency to entei lnto this Agreement & to undertake thePro.iect or to observe, assume or carry out any oi the'provisions or the Agre-ement, the Agency will initiateand consummate, as provided by law, all actions ne""r"rry *itn iespect to any such matters.
E' The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aidrequirements, to enable the Agency to provide the necessary funds for completion of the project.
F' The Agency shall submit to the Department such data, reports, records, contracls, and other documentsrelating to the Project as the Depar&Tent anc FrrwA may require. The Agency shall use theDepartment's Local Agency Program lnformation Tool and applicable information systems as required.
G' Federal-aid funds.shall not participate in any cost which is not incurred in conformity with applicablefederal and State laurs, the iegutaiions in 23 Code of Federal Regutations (C.F.R.) and 49 C.F.R., andpolicies and procedures presciibed by the Division Administrator of FHWA. Federal funds shall not bepaid on account of.any Gost incurred prior to aulhorization by FHWA to the Department to proceed withthe.Proiect or part thereof.involving such cost (23 c.F.R. r.g (a)). lf FHWA or thl Department determinesthat any amount claimed ls. not etfuiute, tederi participition illy ue approved in tne amount detenninedto be adequately supported-and th-e Departmeni shall notify the Agency in writing citing the reasons whyitems and amounts alg lot eligible foi feoerat participation. w-here-correctable noi-compliance withprovisions of law or FHWA reguirements exists" Federal funds may be withheld until compliance isobtairred' where non-cornpliance is not correctable, FHWA or the Depart."ri ,ry Jeny participation inparcel or Proiect costs in part or in total. For any "*ornt" a*terrineo to ue ineiliiole for federalreimbursernent for which the Department has advanced p"yr"nt, the Agency shall prompily reimbursethe Department for a[ such amounts within g0 days oi *itlei noiic".
H' For any-project requiring additional right+f-way, the Agency must submit to the Department an annualreport of its real property acquisition ano relocaiion assiltance activities on the projeci. Rctirities shall bereported on a federal fiscal year basis, from October 1 through September 30. The report must beprepared using the.format prescribed in 49 C.F.R. Part 24,,-Aopendix B, and be submitted to theDepartment no later than October 15 of each year.
STATEOF FLORIDA DEPARIXEM OF TRANSPORTATIONLOCAL AGENCY PROGRAM AGREEIT'ENT PROGRAM
52s{10{0
I,ANAGEMETiT
oGC-07n7pag€ 6 ol r5
8' Audit Reports: The administration of resources awarded. throug! the Department to th6 Agency by thisAgreement may be subject to audits and/or monitoring by the Department.ihe followln! iequirements do not limit the
3ulhoritv of the Depaftment to conduct or arrange for the ionctuct 6f aaoitionat audits or eiatuations of feder:al awards orlimit the authority of any state agency inspector general, the state of Florida Auditor oeneiat or any dher state official.The Agency shall comply with all audit and audit reporting requirements as specified below.
A. ln addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal yearsbeginning before December 26, 2014, and in accordance with 2 crn Cart 200, Subpart F - AuditRequirements, fo1 fsca! years beginning on or after December 26, 2014, monitoring procedures mayinclude but not be limited to on-site visits by .Department staff and/or'other procedures including,reviewing any required performance and financial reports, following up, Jnsrring iorrective action anOissuing management decisions on weaknesses found through a,iait!'when thlse findings [rt"in tofederal arryards provided through. the Departmgnt by this Agree-ment. aV entering into this ng:ree;"nt, tneAgency.aglees. to-comply and.cooperate-fully wlttr any monitoring proceJures/pro"uJ=". aeemeoappropriate by the Department..The Agency further agree.s io comply un'u tooperate wittr any inspections,reviews,^inv,estigations, or audits deemed necessary by the Department, stJe of Florida c'triet'rinanciatOfficer (CFO) or State of FloriiJa Auditor General.
B' The Agency, a non-federal entity I aelgO by OMB Circular A-133, for fiscal years beginning beforeDecember 26' 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, ior Ric"at yearsbeginning on or afler December 26, 2014, as a subrecipient ot a reoeiai award awarduJ iv1n"Department through this Agreement is subject to lhe following requirements: -
i' ln the ev€nt the Agency expends a total amount of federal awards equal to or in excess of thethreshold established by oMB Circuhr A-133, for fiscal years beginning before December 26,2o14, and established by 2 CFR Part 200, Subpart r - eudit fequirjments, tor nscai y,earsbeginning on or after December 26,20'14, the Agency must have a reoerat.ii,gr" oip",si*r-specific audtt for such fiscal year conducted in accordance with the provisions of OMB Circular A-I ]3. f91[sc-al years beginning before December m,2014, and in alcoroance with the provisionsof 2 CFR Part 200, sygq:f | _ {udit Requirements, ior fiscat yelrs ueginning on or afrerDecember 26' 2aU. Exhibit "1", Federal Financial Assistance'[singte-Auriie"t)-iolniuAgreernent provides the required federal award identifaation informaiion ieeOeO by the'Agencyto further comply with the requirements of OMB Circular A-133, for fiscat years begtnning feioreDecember 26, 2014, and the requirements of 2 CFR Part 200, Subpart r - nuoit Xequirin "ntr,for fiscal. years beginning on or after December 26, 2014. ln'determining federal awardserpended in a fiscal year, the Agency must consider all sources of federal awaris based on whenthe activity related to the federal award occurs, including the federal award provided through theDepartment by this Agreement. The determination oi amounts of federat "*rior "ipinj"oshould be in accordance with the guidelines established by OMB Circular n-r3i, forlisfi yearsbeginning before December 26, 2014, and establisheo ui z cFR part 200, sjbpart F - huaitRequirements, for fiscal.years beginning on or after oecernber 26,2a14. An auditconducted bythe State of Florida Auditor General in accordance with the provisions of OMB Circuia, A-iiS, ro,fiscal years beginning before December 26, 2014, and in accoroance with 2 cFR part 200,Subpart F - Audit Requirements, for fiscal years beginning on or after December za, zo4+, iiymeet the requirements of this part.
ii' ln connection with the audit requirements, the Agency shall fulfill the requirements relative to theauditee responsibilities as provided in OMB Circular 4-133, for fiscal years Ueginning-b*f;r"December 26, 2014, and as provided in 2 CFR Part 200, Subpart f - nuoit Re<i'uiremLnts, iorfiscal years beginning on or after December 26,2014.
iii. ln the event the Agency expends less than the threshold established by oMB Circular A-133, forfiscal y.ears beginning belore December 28,2014, and estabtisheo uy y'crn part zoo, srupjri r- Audit Requirements, for fiseal years beginning on or after Declmber 26, 2014, in feceralawards, the Agency is exempt from federal audit requiremenls for that fiscal verr. Hi*"uer, ii,eAgency must provide a , single audit exempiion statement to t# Department atFo9lBt@Adiffidot.ptxe.ftl,lg no later than nine months after the end of tne Afencyis auditperiod for each applicable audit year. ln the event the Agency exp.nd" less than ine tfirerroto
STATE OF FLORIOA OEPARTMENT OF TRANSPORTATIONLOCAL AGENCY PROGRAM AGREEMENT 5254104PR@RAM MANAGEMENT
occ-07i17
Psge 7 ot t5
established by oM-B Circular 4-133, for fiscal years beginning before December 26, 2o14, andestablished ov z lrflfgt 290, Subpart F - Au{it nequiremenis, for fiscat years ueginning on orafter December 26,2a1tr,, in federal aurards in a fiscal v""i "no
-"r*E
to have an audit conductedin accordance with the provisions of oMB Circular'A-13i,-rir tiscat years beginning beforeDecember 26,2014' and in accordance with 2 CFR part ioit, Suopart F - Audit Requirements,for fiscal years beginning on or after Decemb er 26, 2o14, ihl-Lst .jr ir," "rdii;;;iil;aid fromnon-federal resources (i.e", the cost of such an ,r'oit rnuliou-p"io rro, *re nge;yC[.orr.",obtained from other than federal entities).
iv' The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at@cI/4b/theauditreportingpa"Gg"..,requiredbyOMBCircularA.
139, rq l,s"at v""T begffiilg be6;b Decembei za, ioiti, "n"Jr. required by 2 cFR part 200,Subpart F - Audit nequlrements, for fiscal years beginning bn or after Decemoer 26, 2014, withinthe earlier of 30 calendar-{a1rs after receipf ot ttre aioitor"s ieportisl or nine months after the end{!ng aqoit period. The FAC is ttre repository of record foriudits required by oMB Circutar A-]!!, lor.riscal years beginning before tiecember 26, 2014, and ior audits required by 2 CFR part200, subpart F - Audrt Requirements, for fiscal v"Jr. o"dir.;g;" or after iLcem6er 26,2014,and this Agreement.llovever, the DepartTent requires-a
"op:1,
of the auditi"porting ;"trgealso be submittd to FEQISiT{hAu{i*xUaFls.{.irg. within t}re eartier of 30 carendaidays afterreceiptoftheauditor9rffitheendoftheauditperiodasrequiredby
oMB Circular A-133, for fiscai years beginning before oecemuer 26, 2014, and as required by 29IE l"tt 200, subpart r - Audit Requiiemen-ts, for fiscat yeais ueginning on or after December26,2014.
Y' Within six months of acceptance of the audit report by the FAc, the Department will review theAgency's audit reporting package, including conective action plans and management letters, tothe odent necessary to determi'ne whetheitimely and appropiaie action on all deficiencies hasbeen taken perlaining to lhe federal award provided tnrotijn ttre oepartment by this Agreement. lfthe Agency fails to have an audit conducted in accordan'ce with oMB Circular 4-131, ior fiscalF"f ltsinning before December 26,i:AM, and in accordrn"" *ith 2 CFR part ZOo, Subpart F -Audit Requirements' for fisc.al years beginning on or "tt"io"c"muer zo, 2ota,-G oellrtmentmay impose additional conditions to remedy ioncompllan".. tt-tn" Department determines thatnoncompliance cannot be remedied by imposing addiiional conditions, the Department may takeappropriate actbns to enforce compliance, whiirr actions may inctuoe but not be limited to thefollowing:
Temporarily withhold cash payments pendJng correction of the deficiency by the Agencyor more severe enforcement action by the Department,Disallow (deny both use.of funds and any appticaole matching credit for) ail or part of theg-o:t of the activity or action not in comptiince;
IlpltY or partly suspend or terminate ihe federat award;lnitiate suspension or debarment proceedings as authorized under 2 C.F.R. part 1g0 andfederal awardrng agency regulations (or in ihe case of the Department, recommend such
.1g1oceeding be initiated by the federat awarding agency);Wilhhold further federal awards for the prqect or program;Take other remedies that may be legally available.
1
2.
3.
4.
5.
6.
vi' As a condition of receiving this federal award, the Agency shall permit the Department, or itsdesignee, the CFo or Stale of Florida Auditor Geniat ,t"""s to Agency's records includingfinancial staternents, the independent auditor's working p"p"o ,ra pro1ect records as necessary.Records related to unresolved audit findings, appeals 6i litigation shall be retained until the actionis complete or the dispute is resolved.
STATE OF FLORIDA OEPARTBENT OF IFTANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT 52tot0-a0PROGRAII XAMGEXEI{T
acc-07t17p.ge 8 of l5
the Agency of such termination
the stage of wo* at which the
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-MSO
FDoT$rpb4ldl$&dot. state. fl . us
c' The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreementfor a period of^five years from the date the audit report is issued ano srratt allow the oepartmEni-o, it.designee' the CFo or State of Florida Auditor General access to srtch r*oio" upon request. The Agencyshall ensure that the audit working pape,s are made.available to tr. o"p"rtment, or its aesijneE, ti,"CFo' or State of Florida Auditor.General upon request for a period oi nu"'y""o from the date the auditreport is issued unress extended in writing by the Department.
9' Termination or Suspension of Project: The Department may, by written nolice to the Agency, suspend any orall of the Agency's obligatbns under this Agreement until such time as irre event or condition resulting in such suspensionhas ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interestof the Department requires such termination.
A. lf the Department determines that the performance of the Agency is not satisfactory, the Department shallnotIry the Agency of the deficiancy in writing with a requirlment tnat tne o&cidiv oe coiie"teJ witninthirty (30) days of such notice. Such--notice shall provide r*"ronrbt".p""m"itv io tn" ng.""y oi tt"defteiency that requires correction. lf the deficiency is not conected'within -such time"l"ito, tn"Department may eilher (1) immediately terminate the Agreement as set-torth in paragraph s.B.l"to*, o,.(2) take whatever action is deemed appropriate by the department to cori"ct $," oenlie[cy, l, tn" &untthe Department chooses to take action and not terminate tre Agi;rot, $l" Agency shall, upondemand, promptly reimburse the Departmenl for any and all cos]ts and expensel iniurreo by theDepartment in correcting the deficiency.
B. lf the Department term.inates the Agreement, the Department shall notifyin wrtting, with instructions to the effective date of termination or. specifyAgreement is to be terminated.
C. lf the Agreement is terminated before the-Project is completed, the Agency shall be paid only for thepercentage of the Project satisfactorily performed for which costs can be substantiated.' Such jrv*"nt,however, shall not exceed the equivalent percentage of the contract price. elr wort in progress onDepartment right-of-way will become the property of lhe Department and will be turned over promply bythe Agency.
D' The Department resenes the right to unilaterally cancel this Agreement for refusal by the Agency or anycontractor' sub-contractor or materials vendor to allow public alcess to all oocumenis, pip*r", letters orother material subje$ to the provisions of chapter itg, rtoriaa statute$, ano mab!-or received inconjunctbn with this Agreement unless the records are exempl.
E. Upon receipt of any final termination or suspension notice under this paragraph g., the Agency shailproceed promptly to carry out the actions required in such notice, whic'h miy incruO'e-^ny o, all of thefollowing: (a) necessary action to terminate or suspend, ," in" case may be, project activities andcontracts and such other action as may be required or desirable to keep to a minimum it " "o.t" upon thebasis of which the financing.is to be computed; or (b) furnish a statement of *re nroject activities andcontracts and other undertakings the cost of which are otherwise includable as piifJct costs. Thetermination or suspension shall be canied out in conformity with the latest ict"arr", piin, ,na cost asapproved by the Department or upon the basis of terms and conditions imposed urinlb"prnment uponthe failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. Theclosing out of federal financial participation in the Project'snall noiconstitute a waiverof iny claim whichthe Department may orherwise have arising out of rhis Agreement.
STATE OF FLORIDA OEPARTMENT OF TRANSPORTA'ION
LOCAL AGENCY PROGRAM AGREEMENT
525{10i0
PRCGIiAM MNAGEMENTocc* 07x7
PaqE 0 ot 15
10. Contracts ofthe Agency:
A' Except as othenarise authorized in writing by the Department, the Agency shall not execute any contractor obligate itself in any manner requiring the oisbursement of Depa-rtment funds, including coniultant orconstruction contracls or amendments thereto, with any third party with respect to the proj-gct without thewritten approgl oJ the Department. Failure to obtain sutn lpprouat-lnrtt ue sufficient cause fornonpaym.ent by the Departmant. The Dapartment specifically'reserves the right to review thequalific'ations of any consultant or conlracloi and to approve oi disappror" the employment of suchconsultant or contractor.
B' lt is understood and agreed by the parties to this Agreement that participation by the Department in aprcliecl. with the Agency, where said project invoMes a consuttant contract ior englneerlng, architecture orsurveying gervicry' is contingent on the Agency's complying in full with provisions of Secfion zgz.gss,Florida Statutes, Consultants'- C-ompetitive tiegoiiation nct, ttrl federat Brooks Act, 23 C.F.R. 122, and 23U'S'C' 112' At the discretion of the Departme-nt, ttre Agency will involve tne oepartment in the consultantselection ?roc".s:. for all pro.iects funded under lhis Agieement. ln all cases, the Agency shall certify tothe Department that selection has been accomplishel in compliance witn ttt" coniultants' Corpetitir"Negotiation Act and the federal Brooks Act.
C' The Agency shall comply with, and require its consultants and contractors to comply with applicablefederal lawpertaining to the use of Fedeial-aid funds. The ngency sfraticomply with the provisions in theFHWA-1273 form as set forth in Exhibit "C", FHWA 1273 attacheo to ano incorporated in this Agreement.The Agency shall include FHWA-1273 in all contracts with consultants and cdntractors perforting workon the project.
1'l- Disadvantag"lBl:,1"= Enterprise (DBE) Policy and obtigation: lt is the poticy of the DepartmentthatDBE's, as defined in 49 C.F.R- Part 26,'as amended, shali have the opportunity to partrcipate in the performance ofcontracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicablefederal and state laws and regulations apply to this Agreement. - -
The Agency and its contraclors agree to ensure that DBE's have the opportunity to participate in the performance of thisAgreement' tn this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance withapplicable federal and state laws and regulations to ensure that the DgE's have the-olfortunity to compete for andperform contracts. The Agency and its co-ntractors and subcontractors shall not discriminiie on the basis of race, color,national origin or sex in the award and performance of contracts, entered pursuant to this Aareemenr.
12' compliance with conditions and Laws: The Agency shall comply and reguire its contractors andsubcontractors to comply with all terms and conditions of this-AgrLment and all federal, state, and local laws andregulations applicable to..this Project. Execution of this Agreemint conslitutes a certification that the Agency is incompliance with, and will requir6 ils contractors and subiontactors to comply with, all requirements imposed byapplicable federal, state, and local laws and regulations, intudinj ihe 'Ce*ification negarding Debarment, Suspension,lneligibility and voluntary Exclusion - Lower Tier covered Trans"actions,' in 49 C.F.R. part 29, and 2 C.F.R. part 200when applicable.
13' Performance Evaluations: Agencies are evaluated on a projecl-by-project basis. The evaluations provideinformation about oversight needs and-provide input toiin"l"""ar.ation procms. Evaluations are submitted to theAgency's person in responsible charge oi designee as part of the Project closeout process. The Department provides theevaluation to the Agency no more thin 30 dayJafter finlt acceptancel
A' Each evaluation will result in one of three ratings. A rating of Unsatisfactory performance means theAgency.fuiled to develop the Project in accdrdance with applicable fedeial and state regulations,standards. and procedures, requiredexcessive Dislrict involvemenUoversigfri, or the project wai broughtin-house by the Department. A rating of Satisfactory Performance rneJnr'the Agency o"r.topeo tf,"Proiect,il,_19!?lornge with..applicabli federal and state regutations, standards alno proceouris, wtthminimal District involvemenUoversight. A rating of Abovg Sa:tisfactory Performance means the Agencydeveloped the Projecl in accordance with a[flicabla federal and state regulations, standards andprocedu res, without District invo lvem enVovers ig fri.
STATE OF FLORIDA DEPARIUENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT 52+O10.r0
PROGRNM fuIANAGEMENTocc- 07/1 7
PBge l0 of t5
B' The District will determine which functions can be further delegared to Agencies that continuously earnSatisfacto ry a nd Above Satisfactory evaluations
'14' Restrictions' Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, thefgency agrees as follows, and agrees to require its contractors and subcontraitors io incluoe in each subcontract thefollowing provisions:
A' The Agency will comply with all the requirements imposed by Tifle Vl of the civil Rights Act of 1g64, theregulations of the U.s. Department of Transportaiion issulo *rereunier, and th-e "."rr*""-Li tn"Agency pursuant thereto. The Agency shall include the attached gxniuii;'r", Tifle Vlnssuiancesin aucontracts with consultants and.contfcl:r: performing.work on the project tnat ensure cornpliance withTitle Vl of the Civil Rights Act of 1964, 49 C.F.R. Partil, and retated staiutes ana regulations.
B' The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federalgovernment issued thereunder, and assurance by the Agency pursuant tfrereto.
C' A person or affiliate who has been placed on the convicted vendor list following a convrction for a publicentity crime may not submit a bid._on a contracl to provide any goodi oiu"*i.irr to " puuri.
"ntitv; ,")lnot submit a bid on a contract with a. public entity for the consiruction or-iepai. ot a iuyii urliitng o,"public work; may not submit bids on leases oJ relt property to a public entity; may not be awarded orperform work as a contractor, supplier, subcontractor or consullant under a contract with any public entity;and may not transact business *jth :tl1l1!l! 9!t1ty in excess of the tnieshotd "rnount'piorioel insection 287.017 ' Florida statules, ior cRteooRY TWb for a period oi s6 ;ontns from the oJte oiueirgplaced on the convicted vendor list.
D' ln accordance with Sectio n 287J.M, Florida Statutes, an entity or affiliate who has been placed on theDiscriminatory Vendor List, kept.by the Florida Department of rraanitem"ni'i"*o"r, may not submit abid on a contract to provide goods or services to a publlc entity; may n'ot rrorit a bid on a contract w1h apublic entity for the construction or repair of a public buildirig or,'prori" *orr; ,ry not submit bids onleases of real property to a public entity; may noi be awardedor pi*orm wlrx as a contractor, supplier,subcontractor or consuhant under a contracf with any public entity; "no mav not transact business withany public entity.
E' ln entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or havefurther been determined by the Department to be a non-responsible contraclor may not submit a bid orperform work for fte construction or repair of a public buiioing or puuric work on a contract with theAgency.
F' Neither lhe Agency nor any of its contraclors or their subcontractors shall enter into any contract,subcontract or anangement in connection with the Project orcnv p.p"rty-incruoeo or planned to beincluded in the Prqiect in which any member, officer oi employee oi tire Agency or the locality duringtenure or for 2 years lhereafter has any interest, direct or inoirect tt any sucr,iresent or former member,officer or employee involuntarily acquires or had acquired prior to- tie ueginning of tenure ,nv srcninterest, and if such interest is immediately disclosed to the Agencv, trre nglniy, with prior approvat of theDepartrnent, may waive the prohibition contained in this i"r"rir"pn ptriilo tn"i ,nv-!|,.n por*ntmember, officer or employee shall not participate in any aciion 5y ihe hgn"t or the tocality relating tosuch contract, subcontract or arrangement. The Agehcy shall insert in all'contracts entered into inconnection with the Project or any property included 6r pdnned to be includeo in any project, and shallrequire its contractors to insert in each of their subcontracts, lhe followin! p.ri"-ion.
"No member, officer or ernployee of the Agency or of the locality during his tenure or for 2 yearsthereafter shall have any interest, direct or indirect, in this contra;t or thJ proceeds thereof.,,
The provisions of this paragraph shall not be applicable to any agreement between the Agency and itsfiscal depositorbs or to any agreement for utility services the r;te; ror wticn are tixeo oi ciniioirJ'uv'"governmental agency.
STATE OF FLORIM DEPARIMEM OF TR^NSFORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52$01GaO
PROGRAM iTANAGETENToorr.07t1!p8!B tt ot lt
15.
15. Miscellaneousprovisions:
G' No member or dalegatelo the Congress of the United States shail be admitted to any share or part of thisAgreement or any benefit arising th6refrom.
lndemnlfication and lnsurance:
A' lt is specifica-lly agreed bgtween the parties executing this Agreement that it is not intended by any of theprovisions of any.part of this Agreement to createln the f,ublic or any member thereof, jtni,.i p.rtvbene{"ciary under.this Agreement or to authorize anyone not a party to t-his Agreement to maintain a suitfor personal injuries or property damage pursuant io the terms or provisions of this Agreement. TheAgency guarantees the payment of alllusi claims for materials, supplies, tools, or labor and other ,iustclaims against the Agency or any subiontractor, in connection with this Agreement" Additionally, theAgency agrees to include the. following indemnification in all contracts with contraclorvsubcontractors, orconsuttiants/subconsultants who perform work in conneclion with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmtess
lhe Agency, the.State of Florkla, Department of iransportation, and its officers and emptoyees,frorn liabilities, damages, losses and costs, including, br.rt not limited to, reasonable attomey,sfees, to the extent.caused by the negligence, recklesiness or intentionai;r;gfui ,i;conduct ofthe contractor and persons emptoy6d-or utilized by the contractor in the pjrformance of thisContract."
This indemnification shall survive the termination of this Contract- Nothing contained in thisparagraph is intended to nor shall it constitute a waiver of the State of Floridi and the Agency'ssovareign immunity.
To the fullest extent peryqed by law, the Agency's consultant shail indemnify and hold harmtessthe Agency, the,state of Floridi, Departmeit of Transportation, and its officlrs and employees,from liabilities' damages, losses and costs, including, but not limited to, reasonable attorney,sfees, to the extent,caused by the negligence, recklesiness or intentionalwrongful misconduct ofthe consultant and persons ernployeo-or utilizeo by the consuhant in the pe:rformance of thisContracl.
This indemnificstion shall survive the terminatbn of this Contract. Nothing contained in thisparagraph is intended to nor shall it constitute a waiver of the State of Floridi and the Agency,ssovereign immunity."
B' The Agency shall, or cause its contractor or consuftant to carry and keep in force, during tne term of thisAgreement, a general liability insurance policy or policies witnL company or companies authorized to dobusiness in Florida, affording public liability insrrance with combined bodily injury limits of at least
l?99,999 per person ano $sdo,oo0 each occurrence, and property damage insurance of at least$200'000 each occunence, for the services to be rendered in accordance with this Agreement. TheAgency shall also, or c€ruse its contractor or consuhant to carry and keep in force Workers' Compensationlnsurance as required by the State of Florida under the Wo*eis' Compensation Law. With respect to anygeneral liability insurance policy required pursuant to this Agreement, all such policies shall be issueo oycompanies licensed to do business in the State of Florida. -the Agercy shall provide to the Departme;tcertificates showing the.required coverage to be in effect with end5rsements ihowing the Department tobe an additional insured prior to comme-ncing any work under this Agreement. poliJies that include selflnsured Retention will not be accepted. trre iertiiicates and folicies shall provide thal in the event of anymaterial change in or cancellation of the policies reflecting ihe required @verage, thirty days advancenotice shall be given to the Department or as provided in aciordance with Florida law.
A' The.Agency will be solely responsible for compliance with all applicable environmenlal regulations, forany liability arising frorn non-compliance with these regulations,
"no *ltt reimburse the Department for anyloss incurred in connection theiewith. The Agenc! will be iesponsible for securing any applicabtepermhs. The Agency shall include in all contractJand subcontracts for amounts in excess of $150,000. a
STATE OF FLORIOA OEPAR?IiIENT OF TRANSPORTATIO{
LOCAL AGENCY PROGRAI' AGREEMENT s2541(}.a0
PROGFAU MAMGEI'ENT
oGc-a7n7Pqe 12 ot rs
provision requiring comp-liance with all applicable standards, orders or regulations issued pursuant to the
!19a1 {i1-Act (42 U'S.C. 7401-7671q\ and the Federal Water Poilutioi Contror Rct-as amended {33u.s.c. 1251-1387).
B' The Department shall not be obligated or liable hereunder to any individual or entity not a party to thisAgreement.
C. ln no event shall the making by the Department of any payment to the Agency constitute or be construedas a uraitrer by the Department of any breach of.covenant or any default *ni"n ,iV ir,en exist on the partof the Agency and the.making of such payment by the Departm6nt, while any "u"tr'ui"""n or default shallexist, shall in no way impair or prejudice any right or remedy available to tnl oepartr.nt *iyr respect tosuch breach or defaull.
D. lf any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected.ln such an instance, the remainder would then continue to conform to ihe terms ino requirements ofapplicable law.
E' By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay.any bonus or commission for the purpose of obtaining an approval or its uppii""iion ior *," nninlinihereunder.
F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provisionor perform any act or do any other thing in contravention of any applicable state law. tf any of theprovisions of the Agreement violate any applicable state taw, ihe'Rgency *itt-afon"e notjfy theDepartmenl in writing in order that appropriate changes and modificitions miv-te made by theDepartment and the Agency to the end that the Ageniy may proceed as soon as possible with theProject.
G. ln the event that this Agreement involves constructing and equipping of facilities, the Agency shall submitto the Department.for approval all appropriate plans and'speciications coveiing [6; p.j""t. TheDepartment will review all.plans and specifications and will issue to the Agency " iriu.n approvat withany approved portions of the Project and comments or recommendations ior"ring any iemainoer of thelroject deemed appropriate. After resolution of these comrnents and recommendations to theDepartment's satisfaction, the Department will issue to the Agency a written approvat wittr said remainderof the Proiect. Failure to obtain this written approval snafbe sufficient fiU; nonpuyrn*nt by theDepartment.
H. Upon completion of right-of-way activities on the froject, the Agency must certify compliance with allapplicable federal and state requirernents. Certification ii required prior to authorization foradvertisement for or solbitation of bids for construction of the nro;ect, in"iuaing
-ri
no rtghrof-way isrequired.
l' The Agency will certify in writing, prior to Project closeoul that the Project was completed in accordancewith applicable plans and specilications, is. in place on the Agency;s facility, aoequate tile is in theAgency's name, and the Project is accepted by the Agency as suitable for the ini"nJeO- puipose.
J- The Agency agrees that no_federally-appropriated funds have been paid, or will be paid by or on behalf ofthe Agency, lo any pers-on for influencing or attempting to influence any officer or.rfroy"r of any federalagency' a Member o-f Congress, an officer or employee of Congress or an employee of a Member ofCongress in connection with the awarding of any federal contraii, the making ol ,iv r"o.rrl grant, themakirq of any federal loan, the entering,*into of any cooperative agr"efi.nt, ;nJih. extension,continuation, renewal, amendment or mod.ification of any federal contrSo, grrni loan or cooperativeagreement. lf any funds other than federally-appropriated funds have been fiaid 6y th; Agency to anyperson for influencing or attempting to influence an officer or employee of any'federar agency, a Memberof congress' an officer or employee of congress.or an employee of a MembJr;t
""d;; in connectionwith this Agreement, the undersigned shall complete and submit Standard Form-LLL, 'ioLilo"ur" Form toReport Lobbying," in accordance with its instructions. The Agency shall require tnai tne ranguage of thisparagraph be included in the award documents for all sub-awards at all iiers lin"r"Oing subcontracts,
STATE OF FLORIOA O€PARTi'ENT OF TRANPORTATIONLOCAL AGENCY PROGRAM AGREEMENT
525{1C-aC
PROCRAU i'ANAGECENT
occ- 07fi7
Page tt ot 15
subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipientsshall certifo and dbclose-accordingly No. funds receivJ prirr"nt to this contract may be expended forlobbying the Legislature, the jucticiil 'branch or a state
"S.nLy.
- --
K' The Agency may not permit the Engineer of Record to perform Construction, Engineering and lnspectionservbes on the prc{ect
L' The Agency agrees- to maintain any project not on the State Highway System constructed under thisAgreement' lf the Agency construcls'any. improvementon Department right-of-way, the egily tr ;11fl will not maintain ttL imirovemenl" ,"0" for their usefur tife.
M' The Agency shall comply.with all applicable federal guidelines, procedures, and regulations. lf at anytime a review conducted by Depariment and or FHfrA reveals that the applicable federat guideline,procedures, and regulations were not fo,lowed by the Agencyina ruwa reqlir.s reimbursement of the
furds, !5 Agency will be responsible for repayment to-the bepartment of ail funds awarded under theterms of this Agreement.
N. TheAgency:
i' shall utilize. the. U.S. Department of Homeland Security's E-Vertfy system to verify theemployment eligibility of all new employees hired by Agency ouring tne tirm-of the contract, and
ii' shall expressly require any contractor and subcontractors performing work or providing servicespursuant to the state contract to likewise utilize the U.S. tiepartmen't of Homeiand Siurity,s E-verify system lo vP{y the employment eligibility of all new employees hired by the subcontraclorduring the contract term.
o' This Agre€ment may be executed in one or more counterparts, each of which shall be deemed anoriginal, but all of which shall constitute the same Agreemeni. A facsimile or electronic transmission ofthis Agreement with a signature on behalf of a party viilr ue ieg;r and binding on sucrr party.
P' Th.e Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in ail subcontracts theobllgation to conrply with s.20.0SS(5), Florida Statutes.
Q' lf the Prc{ect is procured pursuant to Chapter 255 for construction services and at the time of thecompetitive solicitation for the Projecl 50 percent or more of the cost of the prc{ect is to be paid fromstate-appropriated funds, then th6 Agency must cornply with the requirements of Section 2s5.09g1,Florida Stratutes.
R Exhibits
i. Exhibit 'A', project Description and Responsibilities, is attached and incorporated into thisAgreement.
ii Exhibit'8", Schedule of Funding, is attached and incorporated into this Agreement.
iii. x lr mis Ploject includes Phase 58 (construction) activities, then Exhibit "c,, FHWA FoRM 1273,is attached and incorporated into this Agreement.
iv' X An Atternative Pay Method is used on this Prolect. lf an alternative pay Method is used on this?roj"tt, then Exhibit "D", Alternative Pay Method, is attached and incorporated into thisAgreernent.
v. Exhibit "E", Title vl Assurances is attached and incorporated into this Agreement.
vi' Exhibit uF', the Agency Resolution authorizing entry into this Agreement, is attached andincorporated into this Agreement.
STAT= OF FLORTN DEPARTMENT OF TRAI.ISPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
Tlte rcmainder of this page intentionally left blank.
PRGGRAM
52SlOr.0
M^NAOE['ENiocc-a7&t
Psge {4 ot It
vii. E State Funds are used on this Project. lf State Funds are used on this project, then Exhibit "G',state Funds Addendum, is attached and incorporated into this Agreement.
viii. ffi fris Rrolect is located off the State Highway System and inctudes tunding for tandscaping. lfthis Project is located o{ lne state Highway System and includes funding roi r*a""aping, tienExhibit "L"is attached and incorporated into this Agreement.
ix. ! This Project utilizes Advalg Prqect Reimbursement. lf this project utilizes Adrrance project
Rdmbursement, then Exhibit "R" b attached and incorporated into this Agreement.
x' E This Project includes funding for a roadway lighting systern. lf the project includes funding forroadway lighting system, Exhibit'RL' is attached and incorporated into this Agreement.
xi. n.tnis i.j*t in_cludes funding for traffic signals and/or traffic signal systems. tf this project
includes funding for traffic signals andlor traffic signals systerns, -Exhibi "T" is attacned andincorporated into thb Agreement.
xii. Exhibit "1', Federal Financial Assistance (Single Audit Act) is attached and incorporated into thisAgreement.
xiii' f] state Funds are used on this Proiect. lf state Funds are used on this project, then Exhibit.2",State Financial Assistance (Florida Single Audit Act), is attached anO iricoiporit"U-into fni.Agreement.
STATE OF FLORTOA O€PARTUEIIII OF tRAltSFORTATlOr,rLOCAL AGENCY PROGRATI AGREEIIIENT
525410$
PROGRAU IIIANAGEHEI.IT
o@-o'il1?Prg. 15 ot t6
lN WTNESS WHEREOF, the parties harre execuled this Agreement day and year wriften above.
PARTMENT OF TRANSPORTATION
Stacy P.E.
Title: City Manager {A Title: Diredor of Transportation Development
Legal
By:
STATE OF FLORiDA D€PAR IMENT OF TRAI{SPORIATION 525{10i0FROCRAM MANAG-i2{ENTocc - o&/15page 1 rf ,
LOCAL AGENCY PROGRAITI AGREEMENT
EXHIBIT "A"
PROJECT DESCRIPTION A}.ID RESPONSIBILITTES
FpN: 436922_1-s8_01
This exhibit forms an integral part of the Local Agency Program Agreement between the state of Frorida, Department ofTransportation and
of
a) Study to be completed by N/A.
b) Design to be completed by N/A.
c) Bight-of-way requireme.nts.identified and provided to the Department byd) Right-of-Way to be certified by N/A.
e) Construction contract to be let by 05/03/2019.f) Construction to be completed by t2t31t2T1g.
N/A.
PROJECT LOCATION:
! The project is on the National Highway System.
I me prqect is on the State Highway System.
PROJECT LENGTH AND MtLE POST LtM|TS: 1.627 Mites
PRoJECT DESCRIPTIoN: City of Tamarac Phase 4 construction of bikeways and walkways on NW 70thAve'/Brookwood Bld. from NW 571' st. to University Drive. Project includes five-foot wiae upe*"y system on both sidesof the roadway, abufting the existing travel lanes. Construction iiems also includes: concrete siaewalks, ADA ramps, curband gutter, drainage structures, pavement markings, and s(7nage.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the-Agreement shall include a schedule of project Assistance that will reflect theDepartment's contract number, the Finlncial.Project Nqmber (FPN), the Federal Ruttrortaton Number (FAN), whereapplicable, the amount of state funding action (receipt and disbuisement of fundsy, any-ieJeral or local runoiig ,"itn, anothe funding action from any other source with respdt to the project.
The Agency is required to.provide a copy of the design plans for the Department's review and approval to coordinatepermitting with the Department, and notify the Department prior to commencement ot any right-of-way activities.
The Agency shall commence the project's aclivities subsequent to the execution of this Agreement and shall perform inaccordance with the following schedule:
lf this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project issubject to the withdrawal of federal funding.
SPECIAL CONSIDERATTONS By DEPARTMENT: N/A
STATE OF FLORIDA DEPARTMENT OF TRA'€PORTATION
LOCAL AGENCY PROGRAITI AGREEMENT
52+t10_4a8
PROGRAM MANGEMENT
oGC - 08t/15pagp t ot I
EXHIBIT'8"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
City of Tamarac - Public Works Departmeri
6011 Nob Hilt Road, 2d Floor,
Tamarac, FL 33321
FPN: 4$922-1-5841
OF
FY:
FY:
FY:
F
FUNDING
(1)
TOTAL
PRO.jECT FUNDS
(2t
LOCAL FUNDS
(3)
STATE FUNDS
(1)
FEDERAL FUNDS
Ilevelopnent & Environment (pD&E) - 28
FY:
FY:
FY:
FY:
FY:
FY:
. {E FY:
FY:
FY:
38
FY: ?JJ17 -2o18F"t 2017 -2018FY: 2017 -2018
FY:
s 116 14000s 6s5 8i1.00
$ 36.966.00
s 116.140.00
s 655 8s1.00s 303.s66-00
$ 1,075,9s7.00 $ 116.140.00 $ 959,817.00Enginocdng and Inrpcctron (CED - 68
FY:
FY:
FY:
FY:
FY:
-88
TOTAL COSTOF THE PROJECT $ 1,075.957.00 $ 116,140.00 $ 959,817.00
The Departnents fiscal year begins.on July '1. For this prc{ect funds are not projeded to be available until after the 1st of July ofeach fiscal year. The DeparFnent will notifythe Agency, in writing, when funds are available.
STAIE OF FLORIDA OEPARTTIENT OF TMI\EPORTAT|ON
LOCAL AGENCY PROGRATTI AGREEMENT 525{1040C
TTANAGEf{ENTPROGRAiI
occ- 0flr5
Pagc I ol r
EXHIBIT'C"
FHI'YA FORM 1273
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
LEGAL REQUIREIUENTS AND RESPONSIBILITY TO THE PUBLIC -COMPLIANCE WITH FITVYA 1273.
The FHWA-1273 vercion dated May 1, 2012 isappended in its entirety to this Exhibit. FHWA-1273 may also be referenced on the Departrnent's website at the following 1IRL address:
ht[E//WrVw. {hwBdpt*o.v:1pro*aqpadmidce€tra&rd 1,43l I 2J3.udf
Sub-recipients of federal grants awards for Federal-Aid Highway constmction shall takeresponsibilityto obtain this information and comply with all provisions contained in FI1WA-1273.
FHWA-1273 - Revised ,nay 1, 2012
REQUIRED CONTRACT PROVISIO}ISFEDER,AL.AD COiISTRUGTIOII CONTRACTS
l. Generalll. ilondiscriminationlll. Nonsegregded FadlitieslV. Davis€acon and Relaled Act provisionsV. ContradWoft Hours and Safcly StardardsActProvisionsVl. SuttettirE or Assigning the ConlractVll. Safety: Acddent pranentonVlll. False Statements Corrcemirq Higfu/ay proiecGlX. lmplementation of Cte*r nr Aa ino ri*erj,idaterPollution Contrd Ac{X. Compliance yutllh Govemrnentwide Srspension andDebament ReqtirementsXl. Certification Regarding Use of Contract Funds forLobbying
ATTACHMENTS
A. Emfloynent ard Materials prebrence forAppalacfiian
levelolcment Histreray System or Appala"t i"n'r_ocinct"r"Road Contracts (rrcluded in Rppahciian contrace ontyi--
3. A breach of any of the sliputations contained in these
Required Contract Provisions may be sufficient grourds foruiithhdding of progress payrnents, \,rrthholding oiftnalpayment, teminatbn of the confad. suspenslon / debarmenlor any other adion determined to be appropriate by lh6contractng agency and F|-[WA-
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convid labor for any purpose
within lhe limits of a construction project on a Feder;l-aid
hQhway unless it is hbor performed by convlc.ts who are onparoh, supeMsed rclease, or Fobation. Th€ teon Federal-aidhighmy does nol include roadways functionally classified aslocal roads or rural minor collectors.
I. GEIIERAL
1. Fofm FFWA-t27S must be physically incorporaled in eachconstruclion cor{rad funded undq Ti0n23 (ertfuOngefi.qency conlractB sdely inlendect for debris remoial). Theconracor (or subcontractor) must insert th[! form in eachsubcontract and further require its irdusion in a[ lor,rer tiersubcontracts (exduding purchase orders, rental agreenEntsam other agreernenk for supplies or seMces).
The applicaue requirenrerds of Form FI-WA- 1273 areincorporated by reference for r#ork done under any purchaseorder, rental agreernent or agfeemefit for other se-rvlces. The
?Tp Tml"tgr shaf.be responsibte br comptiance by anysubcontractor, lotrer-{ier subcontrador or service proviler.
Form FHWA12?R must be included in all FederaFaid design-build contracts, h all rubcontracts and in lower lier - - --'
subcontracts (exduding subcontracls for design seMces,purchase orders, rentat agreenrents and otheiagreernenis forsupprcs or seIYic8s). The dBign{uiklor shall be responsibbfor compliance by any subcontrictor, lorrer-tier suUcoitiacro,or seMce provider.
Contracting agemdeg may reference Form FHWA_I273 in bidpropolal_or-reqlrest for proposal documents, hor cver, theFo-rm FFWA-1273 musl be ptrysically incorporated (noi -
relerenced) in all contracts, subcontracls and lower_'tiersubcontracts (excluding purcharse orders, rental agreementsand oth€r agreernents for supplies or seryices rela'ted to aconstruction contracl).
2. Subject to the applir:ability crtteria noted in the fdlowinosections, tiEse contrad prwisiors shall apply to all work "
penormed On lhe cor{rad by the contraclod$own oroanizationand \rith the assistanc€ of workers under the contrador,simmediate superintendence ard to all u,ork pertormJon meconhad by piecevrork, staflon uiod(, or by subcontract.
It. NONDtSCRtilNAnolt
The provisions of this section related to 23 CFR part 230 areapplicable to alt FederaFaid construcrion cofitacis and tg allrelated conshuc{ion suhontracts of 9i0,000 or more. Theprovisions of 23 CFR Part 230 are not applicable to malerial
supply, engineerir€, or architectural servi@ conlracts.
ln addition, tlle conlractor and all subcontraclors musl comply
with the followng policies: Executive Ordq 112$,41 CFR g-0,
29 CFR 1625-1 627 , Ti,J/e 23 USC Section 140, theRetnbilitation Act of 1973, as amended (29 USC 794), Titb Vlof the Civil Rights Ad of 1964, as amended, and relatedregulalions inctrding 49 CFR parts 21,26 and 27: and 23 GFR
Parts 200,23O, ard 633.
The contractor and all subcontractors must cornply lvith: therequirernents o{ the Equal Opportunity Clause in 41 CFR 6G
1.4(b) and, for at, construction contracts exceeding $10,S0,the Standard Federal Equal Employrnent Opportunity
Construciion Contrac.t Specifications in 41 CFR 6G..t 3.
Note: The U.S. Department of Labor has exclusive authority todetermine compliance with Executive Ord6r .l 1246 ffd thepolicies of the Secretary of Labor including 41 CFR 60, and 29CFR 1625-1627. The contracting agency and the Fl-lWA frave
the authority and the responsitrility to enstre compliance withIitle 23 USC Section 140. the Rehabititalion Act df 1973, as
?lr-t€Ided (29 USC 794), and Tifle Vt olthe Civil RightsAct of1064, as amended, and related regulations induding 49 CFRParts 21 , 26 and 27; and 23 CFR parts 200, 230, aid 6g3.
The following provision is adopted from 23 CFR 230, AppendixA, wilh appropriate revisions lo clnform to the U.S.
Department of Labor (US DOL) and FFfry'i/A requirements.
'1. Equal Employmont Opportunfty: Equat employment
opportunity (EEO) requirements not to discriminate and lo lakeaffrmative aclion to assure equal opportunity as sel forth
under la\,6, executive orders, rules, regulations (2g CFR 35,29 CFR 1630, 29 CFR 1625-1627. 41 CFR 60 and 4s CFR 27)and orders of the Secretary of Labor as modified by theprovisions prescribed herein, and imposed pursuant to 23U.S.C. 140 shall constitute the EEO and specific afrirmative
action standards for the contractor,s project activiues under
this cortrac*. The provisions of the Americans $.ith Disabilitaes
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR35 and 29 CFR 1630 are incorporated by relerence in this
contract. ln ttE execution oflhis contract, the contractor
agrees to compty uyith the follodng minimum specific
requirement adiviti€s of EEO:
a. The con8acior witl uork with the contracting agency and
the Federal Govemment to ensure that it has made eveh/
good faith effort lo provide equat opportunity with respeci to a[
of its terms and conditions of emfloyment and in theii review
of adivilies under the contract.
b. The contretor wi[ accept as its operating policy thefollowirE statement:
"lt is the poliry of this Conrpany to assure that appljcants
arc employed, and thal enployees are treated dudng
enrployment, without regard to their race, releion, sex, color,
national origin, age or disabilig. Such action shall include:
employment, upgrading, demotion, or transfer; recruitmert orrecruitment advertising; layoff or lermination; rates of pay or
gther forms of cornpensation; and sebction for training,
including apprenticeship, pre-apprenticeship, and/or on-the-job training."
2. EEO Officer; The contrac{or will designate and make
known lo the contracting ofiicers an EEO fficer wfio will have
the responsibility for and mwt be capable of effectively
administering and prornding an adi\re EEO program and wtro
must b,e assigned aclequate aLilhority and responsibility to doso.
4. Recruitnentr When advertising for emdoyees, theconiractor will indude in all advertisements tor employees thenotation: "An Equal Opportunity Employer.,, A,l such
adverti$ements will be placed in publications having a largecirculation among minorities and lirornen in the arei from-wtrich the project u/ork force would normally be dedved.
a. The contractorwill, unless preduded by a validbargaining agreement, conduct systematic and direA
recruitment through public and private employee refer,,alsources likdy to yield qualified nrinorities and women. Tomeet this requirement, the contractor will identiry sources ofpolential minority group employe€s, and establish with suchidentified sources procedures urhereby minorfty and womenapplicants may be refened to the contractor foi employmentconsideration.
b. ln the e\€nt lhe contractor has a valid bargaininqagreernent providing for exdusive hiring. hall referrals, thecontractor is expec{ed to observe the provisions oflhatagreement to the extent that the system meels the coflkactor,scompliance with EEO conhact provisions. Whereimplementation of sr.rch an agreement has the effect ofdiscriminating against minofties or !\ofilen, or obligates lhecontractor lo do the same, such implementation violatesFederal nondiscrimination provisions.
c. The contrador wlll encourage its present employees torefer minorities and women as applicants for emoiovment.lnformation and procedures with regard to referring suchapplicants will be discussed with employees.
5. Personnel Acdona: Wages, working condjtions, and
employee benelits shall be established and adminislered, andpersonnd actions ofevery type, including hiring, upgrading,promolion, transfer, demotion, layoff, and termination, snai betaken \,yithout regard to race, color, religion, sex. nationalorigin, age or disability. The foilowing proceduras shall befollouied:
a. The conlractorwill conduci periodic inspections ofprojectsites to insure that lt/orking conditions and employee facilitiesdo not indicate discriminatory treatment of prgeci sitepersonnel.
b. The contractor will periodically evaluate the spread ofwages paid within each classificalion to determine anyevidence of discriminatory wage practhes.
c- The contractor will periodically review selecled personnelactions in depth to determine whether there is evidence ofdiscrimination. Vvhere evidstce is found, the contrac{or willprompty take corrective action. lf the revjew indicat$ thal thediscrinination may extend beyond the action$ revie\iled, suchcorrective aclion shsll include all affected persons.
d. The contractorwill prompily investigate all complaints ofalleged discriminalion made to lhe contrictor in connectionwith its obligations unCer this contracl, will attempt to resolvesuch cornplaints, and will take appropriate conective actionwithin a reasonable time. lf the inve$ti0ation indicates that lhediscrimination may affecl persons othea lhan the complainant,
such conective aciion shall include such other persons. Uponcompletion of each investigation, the contractor will inform'every complainant ot all of their avenues of appeal.
6. Trainlng and Promotion:
a. The contractorwill assist in locating. qualifying, andincreasing the skills of minorities and r^romen vrho ire
3, Olssemination of Policy: All members of the contractor,s
staff who are authorized to hire, supeMse, prornote, and
discharge employees, or who recomrnend such actjon, or wfio
are substantially invoh€d in such adion, wlll be made fully
cognizant of, and will imdement, lhe conlractor.s EEO policy
ard contractual responsibilitbs to provide EEO in each grade
ard classlfication of employrnent" To ensure that lhe above
agreem€nt will be met, lhe folloriring actjons will be taken as aminimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the starl of work and then
not less ofren than once every sil months, at which time thecontrador's EEO policy aM its implernentation $fil berevillFd and explained. The meelings will be conducted by
the EEO Officer.
b. All newsupeMsory or personnel off ce employees will begiven a thorough indoctrination by the EEO Olticer, covering
all major aspects of the confac{or's EEO obligations \ /ithin
thirty days following their reporting for duty with the contractor.
c. AI personnel who are engaged in direcl recruitment for
the projed will be instructed by the EEO Officer in the
conlractofs procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEOpolicy wlll be placed in areas readily accessible to employees
applicants for employment and potential employees.
e. TIle contractot's EEO policy and the procedures to
implement such policy rrvill be brought to lhe aflention of
employees by means of meetings, employee handbooks, orother approp riate rneans.
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applicants fur einploFnent or cuflent eotployees. Such efiortsshoukl be aimed at devdoping fulljoumdy 6uet statusemplo],ees in tfle type ot trade or jdb claslifi.aiio; invotved.
b. Ctrlsisteflt with tfie cortraciofs uprk force requirernentsand as permissiue under Federal arld State regutaiions, tfrecontraclor strall make full use of faining progra*r", i. ,appGntic.chip, and on{r*job training progiams for thegeographfrzl area of cordract perfonnirrcel ln th6 event aspocial provision for training k pro/ided under thii contract,this subparagrafi wi[ be supersedeO as inCcateO in tGspecid provlslon. The contractirg 4en"y may *;;;-trainir€ positions for p€rsons urtro recerud uefire assistancein accordance $fth 23 U.S.C. 140(a).
c. The conhac{or will advise ernployees and applicants Foremploymenl of available taining progiams ana entrancerequirements for eacfi.
d. The contractor udt periodically rcview the trainino andpromotm potential of erployees wtro are minorities jnd
r,,,oTT 31d will €ncourage eligibb empbyees to appty forsuct training and promotion.
7. Unbns: lf the contrac:lor relies in whole or in part upon
:TlT_T-":_"yF. of€rnptoyees, the corrractoiwitr ule gooorafin eflons to obtain the cooperation of such udons loincr€ase opportunftlec ior minorities and rrcrnen, Aaions Uythe contrador, elther direcfly or through a conlractofu - --
a$sociatim acting es agent, wlll indude lhe procedures setforth belolM
a. The conbador vvill use good frjth efforts to develoD. incooperation with the unions, jrint lrainlng prograrns dm&
fo13rd qyalifoing more minorities ana uffren-for nemUersnipin tle unions and increasing the skills o, minortties jnO ,*r"nso that they may qualifu for hgher paylrE employnent.
b. The contractor w'll use good faith etrorts to incorporale anEEO clause lnto each urion agreement to lhe end that suchunion nrill be contraAuaily bourd to ref€r appli{:ant. ,linortregad to their raco, color, religion, sex, naiional odgin, age ordisability.
c. The contractor is to obtain information as to the,efenalpractices and polcjes of ilE labor union except that to tfreoxtent such informdion is within the exclusive possession otthe labor union and such labor urion refuses to fumisn iuctrinformatiofi to the contrttor, Bp conractor stratt so certrt tothe contracling agency and shall set forth *1.,"4;ffotu1;;been made lo obtain such lnformation.
d. ln lhe event the union is unabb to pfovide the contractorwith a rcasonable flow of referrals yriftd the tfne fmii set tortt:in the colleclive bargaining agreement, f," "*tr"iroi*liithrough irdependent recruitm€nt efforts, fill the employmentva.cancies without regard to race, color, religion, sex, nationaloryr.n, aSe or disaHlity; making full et orts ti oOiain qrrtin"o
and/or qualitiable minorities and women. fhe taitrrJ oi a unionto provide sufficient referrals (even though if S oU[ateO toprovide erclusive refenab under lhe tems of a
"oti'e"We-bargair{ng agreement) does not reltrye tne co.rtractoi from rnerequirements of this paragraph. In the event the union refurralpftlcuce prev€nts lhe corfactor from meetiqg the obliqationspursuanl to B(ecuti\re Or<ter 11246, as ameri'ded, and"thesespechl prov{sions, such contractor sha0 immediatety notity tnecontrading agency.
8. Re6oneble Accommodalion ior Applkants IEmployess with Dlsabflitiec: The coniraclor must be familiar
with the requirements for and ccnply wlth the Americans urithDisabilities Act and all rubs and regulations established thereunder. Ernployers musl provide reisonable accornmodation inall employment activities unless to do so r,rould cause an
undue hardship.
9. Selection of Subcontractors, procurement of Xateriah.nd Laesing o, Equipment The contractor shall notdiscriminate on the grounds of race, color, religion, sex,national origin, age or disability in fre selection and retentionof subcontractors, induding proqlEment of materiah andleases of eguipmenl. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in theadministration of this contIad.
a. The contraclor shafi notify all polential subcontrac{ors andsuppliers and lessors oftheir EEO obligations underthisconhact.
b. The contractor will use good failh efiorts to ensuresubcontraclor cornpliance with tlrdr EEO obligations.
10. Assurance Roqutred by 4S CFR 26.ir(b):
a. The requiremenls of 49 CFR part 26 and tne StateDOT's U.S. D0T-approved DBE program are incorporated byreference.
b. The contractor or subconlractor shall nol discriminate onthe basis of race, color, nationat origin, or sex in theperformance of this contrad_ The conhaclor shall carry out
applicable requirements ol49 CFR part 26 in the award andadministration of DoT-assisted contracts. Failure by treconlraclor to carry out these requirerrients is a materlal breactrof this contract, wtrich may result in lhe terminalion of ttis
contract or sufi other remedy as the contraciing agency
deems appropriate.
I {. Records and Reports: The contrac(or shall keep suchrecords as necessary lo docunent compliance $ith lhe EEOrequirenrents. Such records shall be retained tor a period ofthree years lollaaring the date of the fnal payment to thecontractor for all conlract work and shall be available atreasonabh times and places for inspection by aulhorized
reprosentatives of the contracting agency and the FFIWA.
a. The records kept by the contractor shall docr.rmeri thefolbwing:
(1) The number and work hours of minority and non-minority group members and upmen employea in each workclassification on the project;
_(2) The progress and efbrts being made in cooperation
with unions, wien applicable, to increase employment
opportunities for rninorities and women. and
(31 The progress and efforts being made in locating, hiring,
training, qualif/ing, and upgrading minodties and n omen;
b. The contractors and subconlractors will submit an annualreport to the contracting agency each July for the duration o,the proiect, indicating the nrmber of minority. women, and
non-minority group employees cunenfly engaged in each workclassification required by the contract rno*.' fnis information isto be reported on Form FF,IWA-1391. The stafiing data should
represent the project r,vork force on board in all or any parl of
the last payroll perbd preceding the end ot July. tf o-n-tne-jobtraining is being required by special provision. ihe contraclor
3
will be raquired to cdled and report tlaining data. The
employmerd data shouh reflect the uork force on board duringall_or any part ot the last payrolt period preceding the end ofJuly.
III. NOI{SEGREGAIED FACILTTIES
This provision is applicable to all Federal-aid constructioncontrac{s and lo all rBlated constnrction subcontracb of
$10,000 or more.
The contraclor rnrst ensure that facilities provided for
employeesare providd in such a manner thal s€gregation orrthe basis of race, color, relgion, sex, or nalional origin cannotresult. The contractor may neither require such segregated
use by $itten or ord polbies nor tolerale such ussbyemployee custorn. The contractofs obligation o<tends furtherlo ensure that its ernployees are not assigned to perfom theirseMces al any,ocation, under the contractor's control, wherethe facilitieG are segregated. The brm Tacitities. includesr aiting rooms, work areag, restaurants and other eating areas,tirne clocks, r€stroo{ns, washroomg, locker roorns, and other
storage or dressing areas, parking lots, drinking founlains,recreation or er*erlainment ateas, lransportation, and housingproyrded for ernployees. The contractor shall provide separate
or singboser restrooms and necessary dressing or sleeping
areas to assure pdvacy betriveen sexes.
of paragraph i.d. ofthis sec{ion; also, regula, contributionsmade or costs incuned for more than a nreekly perid (but notless often than quarterly) under plans, funOs, iriprograms*,hich cover the particular $,!eekly period, are Oeimid to Oeconstruc,tively made or incurred during such weekly periorl.Such laborers and mechanics shall be paid the apir:opriatewage rate-and fringe b€n€fits on lhe wage determinalion forthe dassification of \^ork actually performeA, withoLrt reqard toskill,.except as provided in 29 CFR S.S(aX4). t_aOorers iimechanics perfonning \ ork in more than one classificationmay be compensated at the rate specified for eachclassification for the fme actually worked therein: provided,
That the employer's payroll recoids accurately set forth ihetime spent in each classificalion in which wort is perfr*eO.The wage detemination (includ,ng any additionai ctassincationand wage rates conformed under paragraph Lb. of lhissection) ard the Davis-Bacon poster WH-l321) sf€[ beposted al all times by the contiactor ai.rd ils subcont actors atthe site of the wolk in a prorninent and accessiHe place uAereit can be easily seen by the workers.
. b. (1 ) The contracting officer shall require lhat any class o{laborers or meehanbs, including helpers, wtrich is not listed inthe wage determination and which ii to be employed unaer tfrecontrac't shall be ctassified in conformance witn tfia wagedelerminatiofi. The contracling offcer shall appr*" "n-additional classification and wage rate and fringe b€netitstherefore only when the following criteria have-been met:
This sedion is applicable to all Federal-aid construction
projects exceedin€ $2,000 and to all related subcontracts and
lo\ Er-tier subcontracts (regadless of subc€ntract size). Therequiremefits apily to all proiects located within the righlof-way of a roadyvsy lhat is functionally classified as Fediral-aidhighu/ay. This excludes roadways functionally classified aslocal roads or rural minor cdlectors, wtrich are exempt.
Contracting agencies may elect to apply these requiiements toother projects.
IV, DAVIS.BACOH AND RELATED ACT PROVISIONS
L lfinlmum wages
(i) The work 1o be performed by the classificationrequested.is not performed by a classification in the wagedetermination; and
(ii) The classification is ulitized in the area by lheconstruction industry; and
_.(iii) The proposed wage rate, including any bona fidefinge benefts, bears a reasonaHe relaiionjhip to the\^iage rates contained in the wage determination.
The foilowing provisions are from the U.S. Department ofLabor regulations in 29 CFR 5.5 "Contract provisions andrelated matlers'with minor revisions to conform to the FH\ /A-1273 fonnat and FFIWA program requaremenls.
(2) lfthe contractor and the laborers and mechanics to beemployed in the classification (if kno\in), or theirrepresentatives, and the contracling oflicer agrce on theclassification and wage rate (including the ariountdesignated for fringe benefits where ippropriate), a report ofthe action taken shalt be sent by the contracting offcei to theAdministrator of the Wage and itour Division. EmolovmentStandards Administration, U.S. Department of t_abor.Washington, DC 20210. The Administrator, or an auihorizedrepr.esentative, will approve, modif/, or disapprove everyadditional classificalion action within 30 days of receipt indso adLlse the conlracting officer or will notiiy the contractingofficer wilhin the 30-day period that addition;l fime isriecessary,
a. A.ll laborers and mecfianics employed or working upon
the site of the work. will be paid unconditionally and not iessoften than once a hrek, and without subseguent deduction orrebale on any acraunt (except such payroll deductiorE as arep€rmitted by regt{atiors issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), th€ full amount ofv/ages and bona fde ftnge benefits (or cash equivalentsthereof) due at tinp o, paymenl compoled at raies nol lesslhan those contained in the urage determination of the
Secretary of Lrbor wiich is attached heaeto and made a parlhereol regardless ofany contractual relationship which may
be alleged to exist between the conlractor and such laborers
and mechanics.
Contribulions made or costs reasmably anticipaled for bona
fide fringe benefts tnder sectjon 1 (bX2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wagespaid to such laborers or mectranics, subject to the provisio-ns
(3) ln the event the contrac*or. the laborers or mechanicalo be employed in the classilication or their representatives,ard the contracting officer do not agree on the proposedclassificalion and wage rate (jncludtng the amountdesignated for fiinge benefits, wtrere appropriate), thecontrac:ting offtcer shall refer lhe questions,'including theviews of all inlerested parties and the recommendation o{ thecontracting officer, to the Wage and Hour Administrator fordetermination. The Wage and Hour Administrator. or anauthorized representalive will issue a determtnalion within30 days of receipt and so advise the contracting officer or
4
yl!.19ttfy.qr contracting offtcerwilhin the 3o{ay period thataddational time is necessary
(4) The uragE rab (ncluding fringe benefib wtrereappropriate) determined pursuant t,o paragraphs 1.b.(2) or1.b.(3) of this sec.tion, shdl be paid td an io*ers p&ormingwort in the dassifrcati$ undcrthis contract nom [re drstdry on wtlich uork is performed in the claesiftcation.
c. Whenevor the rniniml.rn wage rate prescrlbed in thecontrad for a class of laborers or nrechanics includes a fingeb:ryfi!$idt is mt expressed as an hourly rate, ttre contraAorshall either pay the berEfit as stated in thewage determinationor shall pay another bona fide frirUe benefit oian hourty cashequivalent thereof.
d. f th€ contractor does not make payments to a trustee orother tllrd person, lho conlraaor may 6onsif, "" p-".t o] tt,"unages ofany laborer or mechanb th6 amount of anv costsreasonably anticipated in providing bona fide finqe'Uenc6tsunder a plan or program, provided, That lhe Secr-etarv ofLabor has Qgnd, rpon ttre vf,itten request ot tf,e co#acior,thal the applicable stardards of the Davis-gac* nA f,i*been_rne!.- The Secretary of t*or may require tne contracforto set asije h a separile aGount asic€ts fbr lhe meeting ofobligations under the flan or program
2. Witthotding
The conhacling agency shdl upon its oA,n action or uDonr trillen request od an authorized representative of theDeparlment of Labor, withhold or ca:se to Ue wittrtretO tromlhe conlraclor under thb conhacl, or arry other feOerat -
contrad. trllh the sarn€ prtlle corrtractor, or any other federal!-assisted contrad subjecl to Davis€acon prer;iling;;t
requirements, which is heH by the same irime coilradior, somucfr of the accnred payme{ts or advances a, ma, b"considered necessary to pay laborers and mechanics,including apprentices, tralneee, and helpers, employed by thecontractor or any sub@ntrador the fun amount <jf wagei'required by tha contract. ln the event of faituro to piiiny
laborer or rnechanic, inc&ding any apprentice, traii,ei, oih_dner emgoyeO or urod(ing on ttie iite of te uo*.'att or. oartot tne wagesrequired by the contract, the contracting agenrymay, after written mtice to the contactor, tate suctrictr:on asmay be nscessary to cause the suspension of any furthirpayment, advance, or guamnbe of funds until sui:tr violationshave ceased.
3" Payrolb and beeic nBcords
a. Payrolls and basac ecords relating h€reto shall bemaintained by the contrac{or during thd course of the lvor* anOpreserved for a poriod of three years thereaftar for all laborersand.mechanics ,rrcrking at the iite of the work. Such recoicsshall cor{ain the narne, address, arld social security numOer oteach such worker, his or trer conec{ classification, [iourtv iitesot wages paid (including rates of cor*ribution, o, co.1.'-'anticipated. for bona fide fringe benelits or cash equivibntsthereof of the types described in section t (b)(z)(Bi of theDavrs€acon Ac$, datly and u,eekly numbir ot't'or.s woif<eO,cleductions made and actual v{ages paid. Whenever theSecretary of Labor has found un-der 29 CFR S.S(aX1Xi thatthe wages of any laborer or mecharic incf uoe tni lmduit ofany costs reasonably anthipded in providing benefits under apran or program described in sedicn t (bX2XB) of the Davis_
Bacon Act, th€ contractor shall maintain records rvhich shorv
that the commitment lo provide such benefts is enforceable,that the plan or program is financially responsible, and that th€plan or program has been cornmunicated in vwiting to the
laborers or nrechanics afhcted, ard records wfrich show thecosls anticipated or lhe actual cost incured in providing suchbenefits. Contraclors €rnploying 4prentices oi tsaircei urderapproved programs shall mainlain written evidence of theregistration of apprenticeship programs ard cefffication oftrainee programs, the regislration o, th6 appfenlices andtrainees, and the ratios and wage rales prescrib€d in theapplicable prograrns.
b. (1) The contractor shall submit rrreekly for each tlcek inwhich any cordracl lwrk is performed a copy of alt payols tothe contracting agency. The payrolls submited shall'sot outaccuratery and completaly all of the infomation required to bemaintained under 29 CFR S.E(aX3X), except that fun socialsecurity numbers and home addresses shall not be includedon ueekly transmittals. lnstead the payrolls shall only need to
includ.e an indMdually identifying number for each employee (
e.g. , the last four digits of the employee,s socid secuiity-
nulnber). The required r Eekly payroll information may besubmitled in arry form desired. Optional Fom V\H-347 is
available br this purpose frorn ttre Wage and Hq.rr DivisionWeb site at fttp:/Arnrwr.dol.gov/esa/u,fu/foims^ri34Tinstr.hlm
or its successor site. The prime contraclor is resporEible torthe submission of copies of payrolls by all subcontractors.Cofitractors and subcontractors shall maintain the fufl socialsecurily number ard curent address of each covered worker.
and shall provide them upon request to the contracting agencyfor transmission to the State DOT, the FHWA or the Wag-e andHour Division of lhe Department of Labor for ptrposes of aninvestigation or audit of complarrce with prevailing wage
requirements. lt is not a violation of this sec{ion for a prime
conlractor to require a subcontraclor to provide addresses andsocial security rumbers to ihe prime conketor for its omrecords, without rreekjy subrmission lo the contracting agency .
(2) Each payroll submitted shall be accompanied by a"Statement of CompliancE," signed by the contracior orsubcontractor or his or her agent wfto palrs or supeMses thepayment of the persons anployed under the contracl and shallcertifo the following:
() Trut the payroll tor the payroll period contains the
information required to be provided under gS.S (a)(3)(ll)
Regulations, 23 CFR part S, the appropriate informalibn
being maintaired under gS.5 (a)(3xi) of Regulations, 29CFR part 5, and that such infurmation is conect andcompbte;
(ii) That each laborer or rnechanic (including each
helper, apprentice, and trainee) employed on the contractduring lte payroll period has been paid the ful lr,€eklywages earned, withoul rebale, eitter direcuy or indirectly,
and that no deductions have been made either directy orjndirectty from the full wages eamed, other thanpermissible deductions as set forth in Regulations, 29 CFRpart 3;
of
is
5
(ii) fhat each laborer or mechanic has been paid nolless than the applicable wage rates and frirqe benefits orcash equivalents for the c-lassification of vrrcrk performed,
as spectfied in tre applicable wage determinationincorporated into the contract.
(3) The ucekly submission of a properly executed
c€rtificdion sel forth on the reverse side of Optional FormWI{-347 shall saUsff the reqdremenl for submission of the"Staternent of Compliancc' required by paragraph 3.b.(2) ofthis section.
rate sp€cified in the applicable wage determination.
Apprentices shall be paid tinge benefits in accordance withthe provisions of the apprenliceship program. lf theapprenticeship program does not specit fringe benefits,apprentices must be paid the full amount of fringe benefits
listed.-on the wage determination for lhe applicaileclassification. ll the Administrator detemines that a differentpractice prerrails for the applicable apprentice classification,fringes shaff be paid in accordance wiih that determination.
(,f) The fahifcation of any of the abo\re certifications may
subrect the cortractor or subconfactor to civil or criminalprosecution under seciion 10Ol oftifle 18 and section 231 of
tiUe 31 of the United States Cod€.
c. The contractor or subcontrador shall make lhe records
required under paragraph 3.a. ofthis saction available forinspeclion, copying, or fanscription by authorized
represenlatives of the contracting agency, the State DOT, theFHWA, or the Departrnent of Labor. and shall permit suchrepresentatires to interview employees during lvorking hourson the iob. lf lhe contractor or subcontract$ fails to submit therequired records or to make theri available, the FHWA may,
afler written notice lo lhe contractor, the contracting agency orlhe S'tate DOT, take such ac{ion as may be necessarfto
cau6e the susponsion of any further payrnent, advanie, orguarantee of funds. Furthermore. failure to submit the required
records upon request or lo make such records available may
be grounds for debarment action puBuant to 29 CFR S.12.
The allowable ratio of appnentices to journ€ymen on the job
sate in any crafl dassification shall nol be greater than th6 ratiopermitted to the confactor as to tlle €ntire urork force underthe registered program. Any lvorker listed on a payroll at anapprenlice u/age rate, who is not registered or otherwise
employed as stated abo\e, shall be paid not less than the
applicable wage rate on the \ rage delennination for theclassiffcation of work actually performed. ln addition. anyapprenlice performing work on tiE lob site in excess of trre
fatio permitted under tfE registered program shall be paid notless than the applcabb nage rate on lhe wage delennination
for the M,ork actually perfonned. Wtrere a contractor isperforming construct,on on a project in a locality other thanthat in which its program is registered, the ratios and wagerates (exp@ssed in percentages of the journeyrnan's hourly
rate) specified in lhe contracto/s or subconlractor,s registeredprograrn shall be observed.
4. Apprentces and trainces
a. Apprefltices (programs of the USDOL).
Apprentices will be permitted to work at less than theprdetermincd rate for lhe rlork they p€rformed hrtlen they areemployed puBuant to and individually registered in a bon, fideapprenticeship program registcred with the U.S. Department ofLabor, Employment ard Training Administration, Office ofApprenlicoship Training, Erndoyer and Labor SeMces, or with
a State Apprenticeship Agency recognized by the Office. or if aperson is emphyed in his or her first g0 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, butltto has been certifed by the Ofilce of Apprenticeship
Training, Employer and Labor Services or a State
Apprentioeship Agency (wfiere appropriate) to be eligible forprobationary employnent as an apprenlice
ln the event the Office of Apprenticeship Training, Employerarxd Labor Services, or a State Apprenticeship ngencyrecognized by the Office, withdrau/s approval of inapprenticeship prograrn, the conlraclor wlll no longer bepermitted to utilize apprenlices at tess than ttre apfoicabtepredetermined rate for the work performed until an acceptableprograrn is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not beperrnitted to u/ork at less than the pr€determined rate for thework performed ur{ess they are employed pucuant to andtndMdually.egistered in a program wtrich has received pnor
approval, evidenced by Iomd certification by the U.S.Department of Labor, Employment and TrainingAdministration.
The ratio of trainees to iourneyrnen on lhe job site shall not be$eater than permitled under lhe plan apprbved by theEmployment and fraining Adminiskation_
ln the event the Employrnent and Trajning Ac,minlstration
withdrar^/s approval of a training program. the contractor will nolonger be pemitted to utilize traineei at less than theapplicable predetermined rate for $e work performed until anacceptable prograrn is approved.
Every trainee must be paid at not
'ess
than the rate specFedin the appro\.ed program for the trainee,s level of progress,expressed as a percentage ofthe joumeyrnan hou*ylatespecified in the apdicable wage determinalion. Trainees shallbe pald fringe benefrts in acco.dance with the provisions of lhetrainee program. lf the trainee program does not mentionfinge benefits, lrainees shall be paiO the full amount of fringebenefits listed on the wage delermination unless theAdministrator of the Wage ard Hour Division determines thatthere is an apprenticeship program assoc-iated wilh thecorresponding joymeyman wage rate on the wage
determination which provides for less than full triige benefitsfor apprentices. Any emptoyee listed on the payroii al a traineerate wtlo.is not regislered and participating in a lraining planapproved by the Employrnent and Training Administraiion shallbe paid not less than the applicable lyage;ate on the wagedetermination for th€ classification of urork actually perfoined.ln addition, any trainee performing work on the iob iite inexcess ofthe ralio permitted undCr the registered programshall be paid not less than the applicable wage rate o; lhewage determination for the work actually periormed.
Every apprentice must be paid at not less than the rate
specified in the registered program for lhe apprentice,s level ofprogress, expressed as a percentage of the journeymen hourly
6
c. Equal employnent opportunity. The utilization ofapprentices, trainees and jotjmeymen under this part shall bein conformity vdlh the equal empioymenl opportunityrequirements of Execulive Order j.1246, as amended, and 29CFR part 30.
d. Apprentices and Trainees (programs of the U,S. DOI).
Apprentices and trainaas working under apprenticeshio anc,skill training progranrs wficfr tra* been *rtm"J Uv rnJ*::tay of Transportation as promoting EEO in connection
IrTr.rflerd-atd highmy constructbn prograrns are not
lyojed tothe requiremenb of paragrryh 4 of this Section M.The shaight lime hou.ly lvage,ates toi appr"ntt* ,nJtralnees under sucrr programs will be established bv thepanrcl.ilar progranE. The ratb of appr€ntices and trainees tojoumeymen shail nd be greater ttrin permitteJ lyne tJrms otme Panicu& prograrn.
5. Compliance with Copetantl Ac-t roqulrrmenB. The
:rg?Sol:lralt c*,ry Tlh the reqdrements of 2s cFRpanJ, wtrcn are irrcorporated by reference in this contracl.
6. Subcortracts. The contractor or subcontractor shall insertForm F|-M/A-1273 in any subcontrads and ,f.o reqrii" in"suDcontractoG to irEhde Form Fl-lWA_i273 in any lo$,er tiersubco.ntracts. The pfime contractor shalt be regpoiiiOb ior urecompliance by any subcontrac{oror loupr tier s'ub*Aoao,$ith au ttE contracl dauses in 29 cFR 5.5.
7. Contract tormin.don: deberment A breach of thecontract clauses h 29 CFR S.5 may be grounds for tenninationof the cor{rad, and for deDarment is a iontractoranJ isubco.ltractor as providod in 29 CFR S.1 2.
8. Compltance with Davis-Bacon and Retrated Actrequlrement*. All rulinge and interprctations of thebavis_tsacon and Relalod Ac{s contaired in 29 CFR parts 1, 3, and 5are herein incorporated byrefererrce in this contract. '
l:Pf pjf-*ryeming hbor sr.ndards. Dispures arisingout of the labor standards PIovisions of this contract shail notbe suqect to lhe gerEral djsputes cJause of this contract. SuchdBputes sflafi be resoh/ed in accordance with lhe proceduresof the Deptrtment of Labor set forth in 29 CiC paist. e,
"nO7. Disputes wittin the meaning o{ this ctause inifri" Oi.ort".behf,eq the contactor 1or any of its "rO"ontractorij ,njit econlrading agency, lhe U,S. Department of Labor, or theemployees or ttEir reprcsentdives.
10. Ccrtticaton of etigibillty.
a. By enterhg into this @ntraet, the contractor certifies that
Jreither ! (nor he or stre) nor any p€rson or firm u/ho has aninterest in the contrador's firm ii a person or frm inetiqibh tobe awarded Go\remment contrads'by ,i.trre ot *eAioriSli oflhe Davis-Bacon Act or 29 CFR S.tAia)(1).
b. No part ofthis conlrac{ shall tre subcontracted to any person
or firm ineligide ,or amrd of a Govemment
"ont ra-ni ilrt*of sedion 3(ai of the Davis-Bacon Act or zs crR 5.i 2iaiiir.
9, ]n1 gelatfJor mahng false statemento is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001.
V. COilTRACTWORK HOURSAI{O SAFETY
STAIIOARDS ACT
The following clauses apply to any Federal-aid clnstruction
contract in an amount in excess of$10O,OO0 and subject to theovertime provhions ot 0E Contracl Work Hours and SafetyStandards Act. Th*e clauses shall be inserted in addiuon tothe dauses required by 29 CFR S.S(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanicsinclude uratchrnen and guards.
l. Overtimo requlrsmenta. No contractor or subcontra€lor
conbscting for any part of the conlract r,voft which may requireor involve the employment of laborers or mechanics shall '
require or permil arry such laborer or nechanic in any$erkweek in wtlich he or she is employed on such u6rk tov,ork in excess of forty hours in such fu unbss suchhborer or mechanic roceives compens€lion at a rate not hssthan one and one-half times the basic rate of pay for all hoursworked in excess of forty hours in such u,ortoleet
2. Violation; llabality for unpald wages; tiquldateddamage3. ln lhe event of any violation of the clause set forlhin paragraph (1.) of this sedion, the contractor and anysubcontrac,tor responsible therefor shau be liable for theunpaid vyages. ln addition, such conlractor and subcontrac-torshall be lhble to the United States (in the case of uorlr doneunder contract for the District of Columbia or a teritory, lo suchDistric{ or to such territory), for liquidated damages. Suchliguidated damages shall be oomputed with resiect to eacnindividual labtrer or mechanic, including uaatchmen ardguards, employed in violation of lhe clause sel forth inparagraph (1 .) of this section, in the sun of S10 for eachcalendar day on which such individual v,tas required orpermitted to work in excess of the standard ri/orl$rEek of fortyhourg wilhout payment of the overtirne lvages required by theclause sel forth in paragraph (1.) ofthis section. '
3. With-holding for unpald wagee and liguidaH &rnagos.The FFfWA o. lhe contacting agency shal upon its own a&onor upon uritten request of an authorized representative of theDepartment of Labor withhold or cause to tie rrylthheld. fronany moneys payable on account ofwork performed by lhecontraclor or subcontractor under any such contract or anyother Federal contracl with the samsprime contractor, or inyother federally-assisted contfact subtsd to the Contract WorkHours and Safety Standards Act, wfrich is held by the sarneprirne contractor, such sums as may be determined to benecessary lo satisfy any liabilities of such contractor orsr&contractor for unpaid \ rages and liquidated damages asprovided in the clause set forth in paragraph (2.) of ttissection.
4. Subcontracb. The contractor or subconlraclor sha[ insen,n any subcontracts the clauses set fofth in paragraph (.,.)through (4.) of thio section and also a dause requiriirg ihesubcontractoB to indude the$e clauses in any lor,r,erliersubconlracts. The prirne contractor shall be responsibh forcornpliance by any subcontractor or lolwr tier subcor*ractorwith the clauses set forth in paragraphs (1.) lhrough (4.) o, thissec{ion
7
VI. SUBLETTTNG oR ASSIGilIIiIG THE coI{TRAcT
Ttis provision is applicable to all Federal-aid construction
contracts on the National Higlway System.
1- The confador shall perfom with its o$rn organization
contract umrk amounting to not hss than S0 percent (or agEaterpercentage if specified elselvhere in the contrad) ofthe total o4?inal contrac{ price, excludlng any specialty itemsdesignated by the contrading.agancy. Specralty iterns may beperformed by subconlract and the amount of any suchspecialty items performed may be d€drc-ted from the totaloriginal contract price before comnning the amount of r ,ort
fgu]Eq to be performed by the cmtractor,s owr organization(23 CFR 635.116).
a. The tem herfom work with ils own organization', refersto workers ernployed or leased by the prime contractor. andequiprnert omed or rented by the prirne contractor, wtth orwithoul operators. Such term does not include empioyees orequipment of a sub@ntractor or lovrcr tier subcmtracior,
agents ofth€ prine contraclor, or any other assignees. Thetenn may lnclude payments for the costs of hiring leased
employees from an emplolree leasing firm meeting all relevantFoderal and State regulatory requiranents. Leased
ernplolrees rnay only be induded in this t€rm if the prime
contrac{or meets all of the folloudng conditions:
(1) trle prime contraclor mainlains control over thosupervision of the day-{May activities of the hasedernployes;
(2) the pdrne contractor remains Esponsible for the quality
of the lwrk of the leased emfloyees;
_(3) the prime contractor reta,r6 all porcr to accept orexdude individual employe€s hom v,ork on the project; and
. (4) the prime conlractor rcmains ul0mdely responsible forlhe payment of pr€determined minimum wages, ihesubmbsion of payrols, statarnents of cornpliance and allother Federal regulatory requirernents.
b. "Specialty ltems" shall be constued to be limited to iircrkthat regLs'r€s higily speciahed knowl€dge, abilities, orequipmeil not ordinarlly ayailaHe in the type of contracting
organizations qualifed and e$ected to bli, or propose on'lheconlracl as a whole ard ln general are to be,imited to minor
cornponents of the overall contract.
. 2. The contract arnouit upon wilch the requirements set forthin paragraph (1) of Section M is computed inctudes the cost ofmaterial and manufactured products which are to bepurchased o. FodJced by the sn(ractor under the @ntractplovrsrons.
3. The contractor shall fumish (a) a competent superintendentor supervisor wfto is employed by the flrm, has fuil authority todirect perfomane of the vrork in accordance \^ilh the contractrequirem€nls, and is in charge of af, consfrrction ope€lions(regardlGs otwtp pertorms tle wort) and (b) such other of itsown organizational resources (supeMsion, management, andengineering seMces) as the contracling oflicer d*ermines isnecessary to a$sure the psrformance of the contract"
4. No portion of the contract shall be sublet, assigned orotherwise disposed of except with the mitten consent of thecontracdirg officer, or authorized represenlative, ard suchconsent when given shall not be construed to relieve thecontractor of any responsibility for the frjfillment of tfEcontract. Wrillen consent will be giwn only afier thecontracting ag€ncy has assured thal eacfi subcontract is
evidenced in writing and that il contains all pertinent provisionsard requirements of the prirne cor{ract.
5. The 30% self-perfonnanoe requiremert of paragraph (1) isnot applicabh to design-build contracts; nowd,rer,'contractingagencies may estab[sh their oun self_performancerequirements.
Vll. SAFETY: AcctDENT pREvENnON
T h i s p r o vi si o n i s applicabletoallFederal_aid
construction contrads ard to all related subcontracls.
1 . ln the performan@ of this contract the contractor shallcornply with all applicable Federal, State, and local lau,sgoveming safety, heafth, and sanitation (23 CFR 635). Thecontrac{or shall provide all safeguards, safety devicei andprotective equiprnent and take any other nided aclions as itdetermines, or as lhe contracting bffcer may detemine, to bereasonably necessary to protect the life and heallh ofemployees on the irb and the saHy of the public and toproted property in coflncdion with the performanco of thework cov€red by the contract.
2. lt is a condition of this contract, and shall be made acondition of eactl subcontracl, which the contractor enters intopursuant to this contract, that the contractor and anysubcontractor shall not permit arry employee, in periormance
of the contract, to \^ork in sunoundings oi under'conditionswhich are unsanitary, hazardous or dlngerous to his/herhealth or safety, as delermined under oo-nstruction safetv andhealth standards (29 CFR 1926) promulgated by the Seiretaryof Labor, in accordance \,!ith Section .1 Oi of tt-re'Contraa WorliHours and Safety Standards Acl (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contractthat the Secretary of Labor or authorized representailuethereof, shall have right of entry to any site of contrac{performance lo inspect or investigate the matter of mmpliancewth.lhe coistruc{on safety and treafth standards anO td iiryout the duti€s of the Sesetary under Sec{ion 107 of theContract Work Hor.rrs and Saiety Standards Act ( O -
u.s.c.3704).
VIII. FALSE STATEilIEITTS CONCER}IING HIGHWAYPROJECTS
T h i s pr o vi si o n i s applicabletoallFederaFaidconstruction contracts aM to all related subcontracts.
ln order to assure high quality and durable conslruction inconformity with approved plans and specifications and a higndegree of reliability on statements and representations madeby engineers, contractors, suppliers, and workers on Federal-aid hlShr,^,ay projects, it is essenlial that all persons
"ona"."OWth the project perform their functions as carefully, thoroughly.and honestly as possible. \/vlllful falsificalion, dlst6rtion, oimisrcpresentation with respect to any facts related to theproject is a vlolation ofFederal law. To prevent anymisunderstanding regarding the seriousness of theie andsimilar acts, Fonn FHWA-I022 shall be posted on eachFederal-aid highway project (23 CFR 63'5; in one or moreplaces where it b readily available to all persons concemedwith the project:
I
18 U.S.C. 1020 reads as follorals:
^V/hoever,-beir€,an officer, agienl, oremployee of the Unitedsrates, or d any Slate or Tefiitory, or wtroevir, wtrettrer a
mo1'.?_-:11:rg! rirm, or corporarion, knowingty makes anyralse stalemenl. false reprosentatinn, or false report as to the
:Toct.er, qualty, quantity, or cost of the material used or top9 !Ey, or ttrc quanfiy or quality of the rrrrft p€rformed or toD€ ponormed, or the cosl thereof in conr|ection wilh thesubmission ol plans, maps, specificatiom, cortria.,'o, "o"t,or conslruct'on on any higluay or dated project submitted forapprovat to th€ secEtary of Transportation; or
Whoever knouvingNy makes any fahe staternent, falserepresentatiofi, Ets€ rcpo( or fake daim with respeat to thecnaracter, qua&ty, quantity, or cost of any nork performed or toDe p€norme<t, or materiab fumished or to be fumished. inconrection with the construc{ion of any highway o. r"AiJproject approved by the Secretary ot franiportltbn;-o]'--
Whoever knoriving*y makcs any false slaternent or falserepfeser{ation as to maten-d fact in any staternent, certificate,I repo{ subnifled pursuant to provisi6ns ofthe reOirii-aio
!_"Ir Af approrud July 1, 1si6, (39 Star. SsSl, ." ir"nd"oam supptemented;
Shall be fined under this tille or imprisoned not more than 5years or both.'
IX. ilPLEXE}ITATIoTI oF CLEAIII AIR AcTA}ID FEoERALYUATER POLLUNON CO}TTROL ACT
This provision is applicable to a[ Federal_aid constructionconfacts and to all relaled subcontracds.
By submission of this bid/ixopsal or lhe execution of this
:T!:9, or subcortrad, as apprapriate, the bidder, proposer,heoeraFaid construction corilraclor, or subconkactoi, aiappropriate, will be deemed to haye stigulated as folloua:
'l . That any person ufro is or will be uulizerl in theperformance of this conlrac{ is not prohibitecl from receiving anarrrard due to a violation of Seclion SOE of tfe Cean Watei nctor Secliofl 306 of the Clean Air Act.
. 2.. Tha! the cortrador agrees to indude or cause to beincluded.tlc requirernenb of paragraph (1) of this Section X inelery subcontract, and further agreei lo iake srrtr action as
|]9^":1I1ST "s-ry may direct as a ,u"nsoi"nior"nfsucn requrernents.
X. CERTIFTCANOil REGARDI'JG DEBARTET{T,suspExstolt, lNELrctBtLtw Alto volul{TAiyEXCLrJmolt
This provision.is apptcabb to aI FederaFaid constructoncolraqs, design-buitd conkacts, subcontracts, b;r_ti;;subcontracts, purchase orders, base agre€rr,ents, "on"utt"ntconlrads or arry other covered transaaiim requiring FFdAapproral or that is estimaled to cost 925_OO0 o, *o-re _ a"defined in 2 CFR parts 18O and 1200.
covered transaction. The prospective first tiar partichant shallsubmil an explanation of why it cannot provide the clrtilicationset out below. The certification or explanation will beconsidered in connedion wilh ttE department or agenq/sdetenninatjon whether to enter lnto lhis lransaction-. Hor,vever,failure of the prospective first tier participant to furnish acertificalion or an explanation shall disqualiry suct a person
from participation in this transaction.
c. The certification in this clause is a material representation
of Iact upon which reliance was placed when the contractingagency determined to snter into tHs transaction. lf it is laterdetermired lhat the prospectivo particlpant knoWngly renderedan eroneous cefffication, in addition to other remediesavailable to the Federal Goyemment, lhe contracting agencymay terminate lhis transaction for cause of default.
_ d. The prospective frst tier participanl shall provide
,mmediate urrltlen nolice to the contracting agency lo rrvtromthis proposal is subnitted if arry time the prospecdve first tierparticipanl leams that its cerlification was enoneous whensubmitted or has becorne erroneous by Gason ofciangedcircurnstances.
e. The lerms "covered kansadion," .'debaned,.,
"srEpended."'ineligiue,,','participant," .person,,' "principal,"
and "voluntarily excluded," as used in this ctause, are definedin 2 CFR Parts 180 and 1200. "FaIsl Tier CoveredTransadions" refers to any covered transaction lretrrcen agrantee or subgrantee of Federal funds and a partrcipant (suchas the prine or general contract). "Lower Tier'CoveiedTransadions" refers to any covered tmnsaclion under a FirstTier Co\rered Transaclion (such as subcontracts). .First Tier
Participant" rerers to the partidpant wtrc has entered into acovered transaction with a grantee or subgranlee of Federd
lrnds (such as the prime or general contrador). .Loncr TierParticipant'refes any paffcipanl who has entered into acovered lransaction with a First Tier participant or other LoyverTier Participants (such as subcontradors and suppliers).
_. _f. The prospective first tier participant agrees by suhnaflingthis proposal that, shodd the proposed coryeract tiansaction beertered into, it shall not knowingly enter into any lot rsr tiercor/ered transactjon with a person tvfio is debaned,
suspended, dedared lneligible, or volurtarily exckded frornpadicipation in this @vered transaction, unless authorized bythe department or agency entering into this transaction.
g. The prospective first tier partidpant further agrees bysubmitting this proposal that it wilt indude the daule tiUei"Certilication Rggarding Debarment, Sus pension, lneligib'lrtyand Voluntary Exclusion-Loler Tier Conered Transac,tions "
provbgd by the department or cubacting agency, enterinjinto this covered transaction, without modifi&tion, in aI lowertier covered fansactions and in all solicitalions for loucr tiercovered transactions exceedlng the $25,000 threshold_
h. A participant in a covered transadion may rely upon acertmcation of a prospec{ive parllcipant in a lorrrer iiercoveredtransaction that is nol debaned, suspended, in€ligible, orvoluntariv excluded from lhe covered kansaction, unless itknou,s that the certification b e.roneous, A participant is
responsible for ensurlrE that its principals are not suspended.debaned, or otherwise ineligible to participate in coveredlransactions. To verif, ttc eligibility of its pdncipab, as u/ell asthe eligibility of any lo\,\€r lier prospective participants, eachparticipant may, but is not required to, check the ExcludedParties List System \,tebsite (httos:/A,vrrw.eols.oov/), $fiich iscompiled by the General Services Administration.
'1. lnrtructions lor Certillca8on - Faltt Tier participants:
- a..By signing and submitting this proposal, the prosoectivefirst tier participant is provlJing ttre i*fmcaUon ".iout-f,Io*.
. b. The..hability of a person lo provide the cerlilication set outbdow witt not rrecessarily resuh in deniat of participaiionln tnis
I
i. Nothing contained in the fo.egoing shall be construed torequire the estatrlishment of a system of records in order torender in good failh the certificalion required by this clause.The knoh,ledge and infomation of the prospeciive participantis not required to exc€ed that which is nonnally possessed bya pnrdent person in lhe ordinary course of business dealings.
. j. Except for transactions authorizod under paragraph (0 ofthese instructions, if a participant in a correred traniaition'knowingly enters into a lor'ler lier covered transaction with aperson who is smpended, debaned, ineligible, or voluntarilyexcluded fom parlicipation in this kansacton, in addition toother remedies avaihbb to the Federal Govemment, thedepartment or agency may termimte this transaction for causeor defauk.
2. Cenif cation Reoerdin g tlob€ment, Suspensio n,lnelagitI-lity and Vohntary Excluslon - First TierPart,clpants:
a. The prospective firsl tier participant certifies to the besl ofits knoudedge ard beset that it and its principals:
(1) Are not preserfly debaned, suspend,ed, proposed fordebarment, declared ineligible, or voluntarily exduded frompaffchating in covered lransactions by any Federat
depan nent or agency;
(2) Ha\re not within a three-year period precedirg thisproposal been @nvicted of or had a civil judgment rinderedagainst them for comrnission ol ftaud ot a criminal ofense in
"onT$gl with obtainirE, atternpting to obtain, or performing
a pu$lic (Federal, State or local) transaction or coniracl undera public transac{ion; violation of Federal or State antitrusl
statutes or commission of embezztement. then. forqerv.bribery, falsification or destruction of recorG, mafiig iatse
slatements, or receiving stolen property;
. !l) 1re notpresently indicted for or otheruvise criminally orcivilly charged by a govenmental entity (Federal, State orlocal) with cormission of any of the offenses enumeraled inparagraph (aX2) ofthis certiffcation; and
(4) Have not within a three-year period preceding thisapplicatior/proposal had one or morc public transaciions(Federal, State or local) terminated for cause or default.
b. Wiere the prospective participant is unable to certify toany of the statements in this certmcation, such prospectiftparticipant shall attacfi an explanation to this proposal.
2. lnstructlons for Cortificauon - Lovrer Tier participants:
{Applicable to all subcontracts, purchase orders and other
lowEr tier transactions requiring prior FFrWA approval orestinated to cost $25,000 or more - 2 CFR parts 1g0 and12AO'
a. By signing and submitting this proposal, the prospective
lourer tier is providing the certification set out below.
b. The cefffication in this dause is a material repr€sentalion
of fact upon which reliance r,vas placed v!ften this tiansactlonwas entered inlo. lf il is later delermined that the prospective
lower tier participanl knoi,ingly rendered an enoneouscedmcation, in addition to other remedi$ available to theFederal Govemment, the departnent, or agency with wtrich
this transaction originated may pursue available remedies,including suspension and/or d-ebarment.
c. The prospective lovler tier padicipant shall orovideimmediate witten notice to the person to wtrich itris proposal lssubmilted if at any time the prospective lower tier p.'rti"iprntleams that its certification u/as eroneous by reason of '
changed circumslances.
d. The lerms "covered transaction,,' "debared,,"suspended," "ineligible,",participant,,,.person,,, ;principal,"
and "voluntarily excluded,'as used in this clause,'are clilinedin 2 CFR Parts 180 aN 1200. you may contact ihe oerson towhich thk proposal is submitted for assistance in oHiining acopy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a granle€ orsubgrantee of Federal furds and a participani (such as theprime or general contract). ,,Lower Tbr Cove,ea Traniactions"relers to any covered lransaction under a Firsl Tier CoveredTransadion (such as subcontracts). .FiBt Tler partrcipant,,
refers to the participant who has entered into . .orii"'Atransaction witi a grantee or subgrantee of Federal funds(such_as the prirne orgeneral contractor). ,,Lowertiei --
Padcipant' r€f€rs any participant who his entered inio aco\€rEd transaction with a First Tier participant or other LowerTier Pa(icipants (such as subcontractors and suppliers).
e. The prospectjve lo! /Er tier participant aorees bvsubmitting this proposal thal. should tne proiosed clveredlransaclion be entered into, il sha[ not knowingly enter intoany lorcr tier covered transaction with a persir-r,fro isdebarred, suspended, declared ineliqiile, or voluntarituexchded frorn participation in this covered transaclion, unlessauthorized by the department or agency with wtrich thistransaction originated.
I The prospective lower tier participant furlher agrees bysybmrlting this proposal that ir wiil inciude thrs cfaujJUtLo"Certification Regarding Debarment, Suspension, lnetigabilityand Voluntary Exclusion-Lower Tjer Covered Transacttn,,Wthout modiftcation, in all lov€r tier covereO transactilns anOan aU solicitations for lower tier covered transaclions exceedingthe $25,000 threshotd.
g. A paffcipanl in a covered transaction may rely upon ace(mcation of a prosp€ctive participant in a lou/er tier'coveredtransaction {hat is not debaned, suspended, ineligible, orvoluntarily excluded frorn the covered transactionl unless itknows that the cedfication is enoneous. A participant isresponsible for ensuring that its principals are not suspended,debarred, or otherwise irdigible lo parlicipate in coveredtransactions. To verify the eligibi,ity of its principals, as well asthe_etigibility of any lower tier prospective participanis, eachparlicipant may, but is not required to, check tne excLdejParties List System u/ebsite OUeSI&eeElS.rAtt0 ,,ti"n i"comptted by the Ceneral Service! AdmrnrsGfi;"-
h..Nothing conlained in the foregoing shall be construed lorequire establishrnent of a system of records in orderto ienoerrn good faith the certification required by this clause. Theknowledge and information of participant is not required toexc€ed lh.at which is normally possessed by a prudent personrn me ordrnary course of business dealings.
i- Excepl for lransactions authorized under paragraph e ofthese instructrons, if a partrcipant in a covered traniaitionKnowngty enters lnto a lower tier covered transaction with aperson who is suspended, debarred, ineligible, or volunlarilyexcluded from participation in lhis lransaction, in addilion toother remedies available to the Federal Govemmenl. lhe
10
depadment or agency with wticfi tfis transacuon oriqinatedr-nay pursue available renedies, indudlng suspensioi and/ordebarment.
9:l{:gon R?g|I-dtng Dobam.nr, Sutpemion,heflgtbiltty .nd Voluntary Ercluslon_Lower TbiParucipants:
1,. The prospedive lorrrr tier participant cediries. bvsuomssim of thisproposal, that neither it nor its principals ispresenty debarEd, suspendod, proposed for Oedarme'ni-dedared inetgiue, or volurtarily exilr.rded from parflcipaiing incovered hansactions oy any Feoerat oepartneni;;&r;.v
-?:It* the prospecrive lovrer tier particpant b unabte tocen[y to any ofthe staternenb in tis certitication, suchprospedit/e partic,ipant shafl attach an explanation to thisproposal.
X. CERNHCANOil REGARDIT{G TJSE OFCOilTRACTFU}IDS FOR LOBEYING
This prodsion is applic&b to afl Federal-aid construclioncontracts and to dl related $Jbconhads urtriCt exceJ--'$100,000 (49 cFR 20).
1- The prospedive participant certifies, W siqnino andsuDrnitirp hb bid or proposal, to the Uest-of rrrs oi nerKnowedge and betef, that:
, _l Io Federd appfoprialed funds harrc been paid or raalt bep1o, by or on behalf of ttre unclersigned. to any person forhAryqnS or attempting to infuen& an omd &-empiovee orany Feoeral ag€ncy, a Mernber ofCongress. an oficer or
9mpoyee of Congress, or an enrplcryC ot a Member ofCongress in connedion with ttre arrirOinq of anv peOerat
l"_1l1-y:_h" making.of any Fcderat gran[ rc m'arin!-oianyheoe.rat ban, the enlerhg inlo of any cooperative agLement,and.lhe exlension, corilinuation, r"niua,'"r"n*nini oi'modificallon ofany Federal contract, grant, toan, oi' -' -'
cooperative agreement.
. b. tf any funds other than Federal appropriated funds havebeen paid or will be paid to any person br inflencino orattompting to infruene an oficer or emptoyee of iny"feOeratagency, a Member of Congt?ss, an omier'or emptoieeoiuongre:s, or.9n enrqoyee of a Memtrer of CorBresi inconnection wilh this Federal contraci. grant, loai, orcooperatire agr€ement, the un<hrsigr6d shall complete andsubmil Standard Form-LLL,,.Discbs-ure Form to RJ;; -'
Lobbying.' in accordance udlh its instsutfiors.
2. Thb certification is a material representation of fact uDonu,hich reliance_uas placed *ten tris tr"nsaction *as;;;; o,entered inlo. Subrnissinn of this certiffcation i" " pr"reqri"itefor making or enlering lrto this hansadlon im*.JJ i"il-U.S.C. 1352. Any persm who faib to fite the'req;i;j - '
certification shau be sugect to a cM penalry ofiot less than$10,000 and not more than $100,000 for e"'cn ,r"i, i.l-ri,
. 1; The prospective participant aho agrees by submittinq its
Prc or prop9:a! that tE pailichar* shall require that thelanguage of this cstification be included in all low€r tiersubcontracts, which a(ceed $100,0U, anO ttrat afi suctrrecipients shall certif and dbdose accordirigly.
11
ATTACHTENT A . Ef, PLOYUENT AT{D TATERIALSPREFERET{CE FOR APPALACHIAN DEVELOPTE NTHIGHIYAY SYSTEf, OR APPALACHIA}I LOCAL ACCESSROAD COilTRACTS
This provision is applicable to all Federd-aid projects fundedurder lhe Appalachian Regional Development Ait of ig65.
'1. Ouring lhe perfurmance of this contract, the contractorunderlaking to do ltuork t*lich is, or reasonably may be, doneas on-site urork, shaU girre preference to qualiie<t persons wlroreSulady reside in the labor area as designated bi the DOLufierein the contract u/ork is situaled, or lhe sr.6region, or lheAppalachian counties of the Shte wtrerein the coriraci u,ork issituated, except:
.. a. To lhe etent that qudified persons regularly residing inthe area are not availaue.
b. For the reasonable needs of the cor{ractor lo emdoysupeMsory or specially experienced personnel necessary toassure an effcient execution of the contract lvork.
c. For the obllgation of tl|e contraclor to offer enrployment topresent or former ernfloyees as lhe resdt of a lawfr.rl iollective
bargaining contrad, provided hat the number of nonresider(p€rsons employed underlhis subparagraph (1c) shall notexceed 20 percent of lhe total number of employees employedby the contractor on lhe contracl rNork, exccpt ai provid6O lnsubparagraph (4) below.
2. The contractor shall dace a job order with lhe StateEmployment SeMce irdicating (a) the classifications of thelaborers, mechanics and other employees requir€d to performthe contract wort, (b) the nrmber of employe6s required ineach dassification, (c) lhe date on wfich the participant
estimates_ sudt emplo]r€es rvill be required, and (d)'any otherpertin€nt infffrnation required by lhe State empoynentS.ervice to complete the jnb order form. The iob oiaer may Ueplaced with the State Emfloyment Service i[\,yritinq or b,rlelaphone. lf during the course of the contrad rlrrcrkl the '
information submitted by the corfiractor in the original job orderis substantially modified, tp participant shall proirpily notiryrthe State Employm€nt Service.
. 3. The..cmfactor shall give fufi considerati<tn to all qualified
iob applicants referred to him by lhe State EmploymentSeMce. The cor{ractor is not required to grant employment toany job applacarts who, in tis opinion, are not qualii.iedtoperform the classification ofuiork requked.
4. It within one week following the placing of a job order bythe contractor with the State Employrnent SeMc!, the StateEmployrnent Servi{:e is unaHe to refer any qualiffed.job
applicantc to the contractor, or less than the numbeirequested, the state Emplrynent service will fonr,rard acertificate to the @nlractor indicatir€ the unavailability ofapplicants. Such cerlificate shall be made a part of thecontrac{ofs permanent proje<l records. Upon rece,pt of thiscertiticate, the confactor may ernploy persons wtlo do notnormaly reside in the hbor aIea to ftll positions covered by lhecertificde, notwithstanding the provisions of subparagrapn 11c)above.
5. The provisions of 23 CFR 633.207(e) allow thecontracting agency to provide a contracttiai preference for theuse ol min€ral resource malerials native to the Appalachianregion.
6. The contractor shall include the provisions of Sections 1through 4 of this Attachment A in every subcontract fJr r,vorkwhich is, or reasonably may be, done is on-site work.
12
SIAIE OF FLORIOA DEPARTUENT OF TRANSPORTATIONLocAL AGENcy pRocRAM aeniEner.rr 525{1G40E
ROGRAT {ANAGEI'ENTocc-0&15tugqtof2
Exhibit,.E,,
TITLE VI ASSURANCES
During the perbrmance of tris contract, the consultant or contractor, for itsell its assignees and successors ininterest (hereinafter colrectively referred to as the "contractor,,) agrees as b[ows:
(1') compliance wlth REGULATIONS: The contractor shall compry with the Regulations retative tonondiscrimination in federally-assisted programs of the u.s. Department of Transportation(hereinafter, "usDor) Title 19, code qf Federat Regulations, part 21, as they may beamended frorn time to time, (hereinafter refered to as the REGULATI)N}), which are hereinincorporated by reference and macte a part of this contract.
(2') t'Iondlscrimination: The contractor, with regard to the rvork performed by it during the contract, shallnot discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub-contracloE, including pr@urements of materials and leases of equipment. The contractor shall notparticipete either direclly or indirectly in the discrimination prohibited by Sectjon 2i.g of theREGULarP
'ls,
including employment practices when the contract covers a program set forth inAppndix B of the REGULaZOTVS.
(3') solicitafonr for sub'contractors, including Procuremsnts of iiaterials and Equlprnent ln allsolicitations either by competitive bidding or negotiation made by the contractor for uork trc beperformed under sub+ontract, including procuremenb of materials or leases of equipment, eachpotential sub-contractor or supplier shall be notified by the contractor of the contracto/s oblllationsunder this contract and the REGULATI1N} relatire to noncliscrimination on the basis of race, cotor,national origin, or sex.
(4') tnfonnation and Reports: The contractor shall provide all information and reports required bylhe REGULATO^'S or directives issued pursuant thereto, and shall permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by theFlorida Department of Transpoftatlon or the Federal Highway Administration, Federal TransitAdministration, Federal Aviation Administration, and Federal Motor carrier Safety Administrationto be pertinent to ascertain compliance with such REGllLATtoNs, orders and instructionstA/here any information required of a contractor is in the exclusive possession of another whofails or refuses to furnish this information the contractor shall so certify lo the Ftarida Departmentof Transportation, or the Federal Highway Administration, Federal Transit Administration,Federal Aviation Administration, or Federal Motor carrier safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information.
(5') sanctions for Noncompliance; ln the event of the contractois noncompliance with thenondiscrimination provisions ol this contract, the Florida Department of Transportation shall imposesuch contract sanctlons as it or the Federal Highway Administration, Federal rransit Adminjstratron,Federal Aviation Administration, or
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT 525.01040E
ROGRAM MAATAGEMENTocc- 08/rsprgo 2 of l
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but notlimited to:
withholding of payments to the contractor under the contract until the contractor
complies, and/or
cancellation, termination or suspension of the contract, in whole or in part.
a.
b.
(6') lncorporatlon of Provisions: The contractor shall include the provisions of paragraphs (1) through (7)in every suEcontract, including procurements of materials and leases of equipment, unless exempt bythe RFGULAfiO,YS, or directives issued pursuant thereto. The contractor shall take such action withrcspect to any subcontract or procurement as the Ftorida Depadment of Transpoftation ar the FederctHighway Administation, Fedenl rransit Administration, Federat Aviation Administration, or FederalMotor canier safety Administration may direct as a means of enforcing such provisions includingsanc{ions for noncompliance, provided, however, that, in the event a contraclor becomes invofued in,or is threatened with, litigation with a sub+ontractor or supplier as a result of such direction, thecontractor may request he Florida Deparlment of rransportation to enter into such litigation to protect
the interests of ll1€ Florida Depaftment of rranspoftation, and, in addition, the contractor may requesthe United States to enter into such litigation to protect the interests of the United States.
(7 'l Gompliance with Nondbcrimination statutes and Authorifles: Tifle vl of the civil Rights Act of 1964(42 U'S'C' $ 2000d et seq., 78 stat- 252), (prohibits discriminafion on the basis of raci cotor, nationatorigin); and 49 cFR Paft21; The uniform Relocation Assistance and Reat property Acquisition policiesAct of 1970, (42 U.S.c. S 4601), (prohibits untsir treatment of persons disptaced oi *no"ap.perty hasbeen acquired because of Federal or Federal-aid progrars and projects); Federal-Aid Highway Act of1973' (23 U'S'c. S 324 et seq.), (prohibits discrimination on the basis of sex), Section 504 of theRehabilitation Act of 1973, (29 u.s.c. $ 794 et seq.), as amended, (prohibits discrimination on the basisof disabilitv); and 49 CFR Part,27; The Age Discrimination nct ot r dzs, as amended, (42 U.S.C. S 6101et seq'), (prohibits discrimination on the basis of age); Airport and Ainrvay lmprovement Act of t siz, qasUSC S 471, Section 47123), as amended, (prohibiB discrimination based on race, creed, color, nationalorigin, orsex); The civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverElgeand applicability of Tite vl of the civil R,ghB Act of 1g64, The Age'Discrimination Act of .t975 andsection 504 of the Rehabilitation Act of 1973, by expanding the d;finirion of the terms ,programs oractivities' to include all of the programs or activities of the Federal-aid recipients, sub-recipilnb andcontractors, whether such programs or activities are Federally funded or not); Tifles ll and ill of theAmericans with Disabilities Act, wfrich prohibit discriminatjon on the basis of disability in the operationof public entities, public and private tr:ansportation systems, plaoes of public accommodation, andcertain testing entities (42 u.s.c. S$ 12131 - 12189) as implemenled by Department of rransportationregulations at 49 c'F'R. parts 37 and 38; The Federal Aviation Administration's Non4iscriminationstatute (49 U.S.c. S 47123) (prohibits discrimination on the basis of race, color, nationat origin, andsex); Executive order 12898, Federal Actions to Address Environmental Justice in Minority popirlationsand Low-lncome Populations, wfrich ensures non{iscrimination against minority populations bydiscouragirE programs, policies, and activities with disproportionately ;ign ano adverse human healthor environmental €fiects on minority and low-income populations; Executive order 13166, lmprovingAocess to SeMces for Persons with Limited English Proficiency, ancl resulting agency guidance,national origin discrimination includes cliscrimination because of limited English pronJencv fiipi roensure compliance with Title Vl, you must take reasonable steps to ensure that LEp persons-ruvemeaningful access lo your programs (70 Fed Reg. at 740g7 to?4100)i Tifle lX of the EducatjonAmendments af 1972, as amended, which prohibits you from discriminating because of sex in educationprograms or activiti$ (20 U S.C. 1681 et seq).
. SIATEOFFLORIOAOEPARTII€ilTOFTPIIEPOR}ATTCNLocAL AGENcy pRocRAM AcniEneln
EXHIBIT'F"
AGENCY RESOLUTION
525.0.tG{0F
Pf,OGRAM XANAGEUENT
oGC .08/1s
Page { of I
The agency Resolution authorizing entry into this Agreement is attached and incorporated into thisAgreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOGAL AGENCY PROGRAM AGREEMENT
EXHIBIT "L"
I.ANDSCAPE MAINTENANCE
Paragraph {6.L is modified to include the following provisions:
525310'40f.PROGRAlli MANAGEMENTocc - 08/15Page I ot I
1' Until such time as the Project is removed froT tl,? proiect highway pursuant to paragraphs 3 and 4 of this Exhibit, theAgency shall, at all times, maintain the Project in a reasoiabie manner and with-due care in accordance with allapplicable Department guidelines, standardsiand procedures hereinafter carrea ;erqect standards., specifically, theAgency agrees to:
a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmfulinsects;
b) properly mulch plant beds;
c) Keep the premises free of weeds;
d) t\ltow and/or cut the grass to the proper length;
e) Property prune all plants which responsibility Includes removing dead or diseased parts of plantsand/or pruning such parts thereof which present i visual hazard ror ttiose using the roadway; and
f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fallbelow original prcrject Standards.
The Agency agr€es to repair' remove or replace_ at its own expense all or part of the project that falls below projeclStandards caused by the Agency's failure to maintain the same in accordanc" *itii ir.r"'provisions of this Exhibit. lnthe event any part or parts of the Project' including plants, nai to ue ,emoved and replaced for whatever reason, thenthey shall be replaced by parts of the same gtad-e, size, and specification ,. pioria"i in the original plans for theProject. Furthermore, the Agency agrees to kelp litter removedlrom tne prgect'nighway.
2' Maintenance of the Project shall be subject to perlodic inspections by the Department. tn the event that any of theaforernentioned responsibilities are not'carried' out or are othenvis" autu*l*0"[v]n* Department to not be inconformance with the applicable Project standards, the Department, in addition to its right of termination underparagraph 4(a) in this Exhibit, may at its option perform any necessary maintenance without the need of any priornotice and charge the cost thereof to the Agency.
3' lt is understood betlrreen the parties to this Agreement that any poftbn of or the entire project may be removed,relocated or adjusted at any time in the future as determined to be necessr.y tt tie"bepartment in order that theadiacent state road be widened, aftered or othensise changed to meet with"th6 iuiure criteria or planning of theDepartment. The Agency shall be given nolice regarding .u"[ i"rorrl, relocation or adjustment and shall be altowed60 days to remove all or part of tne Proiect at its own clst. The Agency will own that part of the project it removed.After the 60-day removal period, the Department will become the owneiof tne unresotrieo portion of the project, andthe Department then may remove, relocate_or. adjust the Project as it deems o"it, *itn 1l. Agency being responsiblefor the cost incurred for the removal of the projecf
4' This Exhibit shall remain in force during the life of the originally inslalled landscaping andlor the life of any replacemenllandscaping installed with the mutual consent of $re plrtied her;o untir superseded by a Landscape MaintenanceAgreemenl between the Department and the Agency.
STATE OF FLORIDA OEPARTI{ENT OF TRANSPORTATON
LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT I
FEDERAL FINANC|AL ASSTSTANCE (S|NGLE AUDIr ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
52s4.t0-4C
PROGRAU UANAOEilE$T
'l115
FbgE I o.1
CFDA No.:
CFDA TitIE:
CFDA Program Slte:
Award Amount:
Awading Agency:
Award is for R&D:
lndlrect Co*t Rate:
20.205
Highway Planning and Conslruction
Federal-Aid Highway. Program, Federal Lands Highway program
Fttoo:/lwww.cfua.oov/
$959,817.00
Florida Department of Transportation
No
N/A
2 CFR Parl200 - Uniform Administrative Requirements. Cost Principles & Audit Requirements for FederalAwardshtpJ/www-€cfr,oq#
oMB Circular A-133, Audits of Staleq Lrcat Govemments and Non-profit Organizationshtto/www.q.IitehoHqq.qpv/gites/defaurUfltestorU/assers/dlS3laliq revjsed-z,S.gZ.nqf
OMB CircularA-138 Comptiance Supptement 2014httnl/www.whitehq$,*gtsov/ornh/qirgHiarq/ali3,J;om$liance suoplgment 2014
OMB.Circular A-87 (Rwised), Cost Principles for State, Local and tndian Tribal Govemments
oMB Cirpular A'102, Grants and cooperative Agreements with State and Local Govemmentshttp:(www-Whiteho,i*sq.$qV/om h/,SifgHiars a 1 0?/-
Title 23 - Highways, United States Code
Title 49 - Transportation, United States Code
y.?p-.?1- Moving Ahead for progress in the 21$ Century, pubtic Law 112_14jnto,mrr*. o*-erlio*wnraeLAw- r r au, o r r + r ;ooflF Lnwl i i i* oi r a r . pdl
Federal Highway Administralion - Florida Divisionhtto : //vyww. f hva. dqt,sqv/,fld i,y/
fedegl Funding Accountability and Transparency Act (FFATA) sub-award Reporting system (FSRS)httos :i/www.fsrs.oov/
Temp. Reso. 'tZA19
March 8,2019
Page 1
CITY OF TAMARAC, FLOFIIDA
RESOLUTION NO. R.201 S J
A RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF TAMABAC, FLOFIIDA AUTHORIZINGTHE APPROPHIATE CITY OFFICIALS TO SEEKFEDERAL SURFACE TRANSPORTATIONPROGRAM FUNDS VIA AN APPLTCATIONTHROUGH THE BROWARD COUNTYMETROPOLITAN PLANNING ORGANIZATION TOTHE FLORIDA DEPARTMENT OFTBANSPORTATION ]N AN AMOUNT NOT TOEXCEED $1,OOO,OOO FOR AN INTEGRATED
BIKEWAYAilALKWAY SYSTEM WITHIN THE CIi'OF TAMAHAC; PROVIDING FOR A LOCAL MATCHNOT TO EXCEED $1,OOO,OOO IN THE EVENT OFAPPROVAL OF THE APpLICAT|ON; pHOVtDtNG
FOR ACCEPTANCE OF THE AWARD ANDEXECUTING OF DOCUMENTS UPON APPROVAL;PHOVIDING FOH CONFLICTS; pROVtDtNG FOCSEVERABILITY; AND PROV|DING FOR ANEFFECTIVE DATE.
WHEBEAS, the City Commission of the City of Tamarac wishes to enhance
multi-modal transportation, wellness and recreational opportunities throughout
Tamarac;and
WHEREAS, the City desires to provide safe connectivity between City facilities.
schools, shopping areas, residential areas and the Broward County Greenway system
by establishing an integrated bikeway/walkway system throughout the city; and
WHEREAS, Federat Surface Transportation Program (STp) funds are available
for selected transportation alternative activities; and
Temp. Reso. 12319
March 8,2013
Page 2
WHEREAS, STP funds are administered to local governrnents through the State
of Florida via an application through lhe Broward County Metropolitan planning
Organization (MpO) to the Ftorida
transportation alternative p0ects; and
Department of Transportation (FDOT) tor
WHEREAS, in the event of approval of the application, the City will provide the
2013 Transportation Altematives Program (TAP) fund request not to exceed
$1,000,000 with a match in rocarfunds not to exceed 91,000,@0; and
WHEREAS, the Director of Financial Services and Director of public Services
recommend submission of the apptication and acceptance of the award in the event of
approval;and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the city of Tamarac to apply for STp
funds via an application through the Broward MPo to FDOT and accept the award and
execute the necessary documents following legal review and approvat.
NOW THEREFORE BE IT HESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
spqtign 1: The foregoing '\TvHEREAS" clauses are HEREBy ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All exhibits attached hereto and referenced herein are expressty
incorporated and made a specific part of this Resolution.
Temp, Reso,12g1g
March 8,2013
Page 3
Section 2: The appropriate City Officials are HEHEBY authorized to appty for
STP funds via an application through the Broward MPO to FDOT for project costs in
an amount not to exceed $1,000,000 for an integrated bikeway/walkway system
throughout the City, providing for a match in local funds not to exceed g1,000,000 in
the event of approval of the application. A copy of said application form is attached
hereto as "Exhibit A'.
Section 3; Upon approval of the application, the appropriate City officials are
HEREBY'authorized to accept the award and execute the necessary documents
following legal review and approval.
Se.ption.,4: An appropriation for the receipt and expenditure for this grant will be
included in a budget amendment prior to November 30, 2016 pursuant to F.S. 166^z4UZ).
Sectiqn 5: All Resolutions in conflict herewith are HEREBy repealed to the
extent of such conflict.
Section,6: lf any clause, section, other part or application ol this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or apptications of this
Flesolution.
Temp. Reso. 12319
March 8,2013
Page 4
$gglig4& This Resotution shail become effective imm
'ASSED,
ADoprED AND App*or=";; c7;; r'.',,'.i,-vv:l
t,,'.l:,,*
.t
ATTEST:
PATRICIA
INTER|M CITY CLERK
I HEHEBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
\i
.,1
SAMUEL S. GQFEN
CITY ATTORNEY
TALABISCO
MAYOH
RECORD OF COMMISSION VOTE:
MAYOR TAI.ABISC
DIST 1: COMM. BUSH
DIST 2: COMM. ATKTNS-G
DIST 3: COMM. GLASSER
? 12.11-'
-".L .J
DIST 4: V/M DHESSLEB l'1 ,,r,_-
c.
t.
.
I
:
:
To:,llar*ra.Taylor€dot.hte.t1 u!
FLORIDA DEPARTMEHT OF TRANSPORTATION
FU]'IDS APPROVAL
GOU41
2n1nu$
cor{TRACT ilaFORtAnSt
GD. GRA}IT DEBURSEMENT (GRANT)
lJ-AGEHCY (287.057,F.S.)
CITYOFTAMARrc
F59103trt52010
o2fi21tm18
l?rt1tzl,t9
ct = $95O,817.00
BilG Lana/ Si&Miak on NW 7O[r Ave8roolc*uod Bhd. fprn NWST$ St. b Universily
FUTDS AFPfiKN'AL ITiIFWATIOIT
FUiES APPNS'EBREVEIWD FOR ROBIN U.NAITOVE, CPA, GOHPTROLLER OT{ ?21/ZOr S
TotalAmount: 1959,817.00
Pagel of1
fvc
Temp. Reso. # 13103
May 23, 2018
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 18-
O1B TO AND APPROVING AN AGREEMENT WITH
STANFORD & SONS TRUCKING CORP., DIBIA
STANFORD CONSTRUCTION CO., FOR THE TAMARAC
BIKEWAYAA/ALKIA/AY SYSTEM PROJECT _ PHASE IV,
STARTING AT UNIVERSITY DRIVE ON NW 72ND
STREET HEADING EAST UNTIL NW 72ND STREET
BECOMES BROOI(VVOOD BOULEVARD, CONTINUING
ON BROO]OVOOD BOULEVARD CROSSING MCNABROAD AND CONTINUING SOUTHWARD ON
BROOKVVOOD BOULEVARD UNTIL IT BECOMES NW
TOTH AVENUE, TERMINATING AT NW 57TH STREET, IN
ACCORDANCE WITH BID NO. 18-O1B FOR A CONTRACT
AMOUNT OF $661,015.19; A CONTINGENCY lN THE
AMOUNT OF $66,101.50 WILL BE ADDED TO THE
PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET
OF $727,116.69; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILIW; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance
multi-modal transportation, wellness and recreational opportunities throughout Tamarac;
and
WHEREAS, the City desires to provide a safe connectivity between city facilities,
schools, shopping areas, residentia! areas and the Broward County Greenway system
by establishing an integrated bikewayArvalkway system throughout the City; and
WHEREAS, per Resolution R-2013-27, dated March 27, 2013, the City
Commission authorized a grant application for federal transportation dollars to the
Florida Department of Transportation (FDOT) through the Broward County Metropolitan
Temp. Reso. # 13103
May 23, 2018
Page 2
Planning Organization an an amount not to exceed $1,000,000.00, a copy of R-2013-27
is incorporated herein by reference and is on file in the office of the City CIerk; and
WHEREAS, The City of Tamarac received the fulty executed LAP Agreement
and the Notice To Proceed (NTP) from FDOT for grant funding in an amount not to
exceed $959,817.00 for the Phase lV Bikeway Project on February 23,2018, the lAP
Agreement allowed the City to put the project out to bid and begin the construction of
the Bikeway Phase lV Project. Per the LAP Agreement, the project must be completed
on or before December 31,2A19, a copy of the NTP is incorporated herein by reference
and is on file in the office of the City Clerk; and
WHEREAS, the City published lnvitation to Bid No.18-018 for the construction
of the Tamarac BikewayMalkway System Project - Phase lV, incorporated herein by
reference and on file in the office of the City Clerk; and
WHEREAS, on April 23, 2018 the Crty of Tamarac received five (5) proposals for
the Tamarac BikewayAA/alkway System Project - Phase lV, with Stanford & Sons
Trucking Corp., d/b/a Stanford Construction Co. ("STANFORD CONSTRUCTION'),
being the lowest responsive bidder, a bid tabulation attached hereto as Exhibit "1",
incorporated herein and made a specific part of this resolution; and
WHEREAS, Stanford Construction, possesses the required knowledge and
experience for the construction of the proposed project and has agreed to the Terms
and Conditions, Special Conditions, and Technical Specffications of Bid No. 18-018;
and
Temp Reso. #'13103
May 23,2018
Page 3
WHEREAS, it is the recpmmendataon of the Director of Public Services, Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
fficials be authorized to award Bid No. 18-018 and execute the agreement with
Stanford Construction, for the construction of the Tamarac BikewayMalkway System
Project - Phase tV, attached hereto as Exhibit "2", incorporated herein and made a
specific part of this resolution; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to award Bid No- 18-
018 and execute the agreement for the construction of the Tamarac BikewayMalkway
System Project - Phase lV with Stanford Construction, for a contract amount of
$661,015.19. A contingency in the amount of $66,101.50 will be added to the Project
Account for a total project budget of $727,116.69.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry
OF TAMARAC, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2 The City Commission hereby awards Bid No- 18-01B to and
approves an Agreement between the City of Tamarac and Stanford Construction, ('the
Temp. Reso. # 13103
May 23,2018
Page 4
Agreement") and the appropraate City fficials are hereby authorized to execute the
Agreement, hereto attached as "Exhibit 2", to provide for the construction of the
Tamarac BikewayMalkway System Project - Phase lV starting at University Drive on
NW 72nd Street heading east untal NW 72nd street becomes Brookwood Boulevard, the
project continues on Brookwood Boulevard crossing McNab Road and continuing
southward on Brookwood Boulevard until it becomes NW 70th Avenue, terminating at
NW 57th Street, in accordance with Bid No. 18-01B.
SECTION 3:An expenditure for a contract amount of $661,015.19. A
contingency in the amount of $66,101.50 will be added to the Project Account for a total
prolect budget at $727,116.69 is hereby approved.
SECTION 4 The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City
Code, and close the contract award including, but not limited to making final payment
within the terms and conditions of the contract and within the contract pnce.
SECTION 5 All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict
SECTION 6 lf any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
Temp. Reso- # 13103
May 23,2018
Page 5
SECTION 7:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED tnisAoay /'l aot .2018of
DRESSLER
MAYOR
ATTEST:
PATRICIA TEUFEL, CMC
CIry CLERK
{
s
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2. YIM GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
ry-L/Ufu-7-hLz/(2uzzv-
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
ELS N
CITY ATTORNEY
n/\-1*
TAMARAC
CITY OF TA'TARAC
7525 Nw 88th Ave
FL
PURCHASTflG A^/o CO|'TTRACIS D,lrSrOl,
' C om m ite d t o Ex c otl. a ca... Al wzrs "
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
STANFORD & SONS TRUCKING CORPORATION DBASTANFORD CONSTRUCTION CO.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Bid Document No. !-@LB*including all
conditions therein, (General Terms and Conditions, Special Conditions and/or Special
provisions), Drawings, Technical Specifications, all Addenda, the Contractor's bid/proposal
included herein, and all modifications issued after execution of this Agreement. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if aftached to
this Agreement or repeited therein. ln the event that there is a conflict between Bid !![[as
issued' by the City, and the Contractot's Proposal, LQ1[lE as issued by City shall take
precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this
document and any other Contract Documents, this Agreement shall prevail.
2. THE WORK
The Contractor shall perform all work for the City required by the contract documents as set
forth below:
2.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the
scope of work, as outlined in the contract documents 18-018.
2.2 Contractor shall supervise the work force to ensure that all workers conduct themselves
and perform their work in a safe and professional manner. Contractor shall comply with
all OSHA safety rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a competent field supervisor
on the job site to enforce these policies and procedures at the Contractor's expense.
2.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the
beginning of work under this Agreement and prior to any schedule change with the
exception of changes caused by inclement weather.
2.4 Contractor shall comply with any and all Federal, State, and local laws and regulations
now in effect, or hereinafter enacted during the term of this Agreement, which are
applicable to the Contractor, its employees, agents or subcontractors, if any, with respect
to the work and services described herein-
18-o1B - Tamaruc Bikeway / Wall<vtay System Phase lV
C'TY OF IAT'ARAC
7525 NW 88lh AYG
PIIRCHASING AND CO'ITRACTS D'WS/OA'
' Com m iiled to Excdlarcc...AlvzYs"
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense alt necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited
to, Workers'Compensation, Commercial General Liability, Builde/s Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates
of al! insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guldetines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contrac'tor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
lnsurance policies shall be endorsed to add the City as an additional insured. Contractor
shall be responsible for payment of all deductibles and setf-insurance retentions on
Contractor's Liability Insurance policies. The following are required types and minimum
limits of insurance coverage, wtrich the Bidder agrees to maintain during the term of this
contract:
lnsurance Requirements
Line of Busined Coverage Occunence AIgrerate
Commerdal General Liabfty lnduding:
Premis€s/OpGratbns
Comn tud UCrllitt
Personal lnirl
Bpaosi'l, Colbs€, thdergound t@rd
Products/Completed Op.ratioi
Eaoad to?rh Property Dam4p
€roes titrlity and SewrdfEty ot
herett chisc
Sl,ooo,ooo s1,o0o,0oo
Artomobile tiatiliw sLm0,000.m $r,mo,ooo.m
Worted Compensation &
Emolove/s tiatliliw Stautory
4. NME OF COMMENCEMENT AND SUBSTANTIAL COMPLMON
4.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that Contractor
receives the City's Notice to Proceed. Project substantial completion shall be within Two
Hundred Fiftv (250) days from issuance of City's Notice to Proceed, subject to any
permitted extensions of time under the Contract Documents. Final completion, shall be
Fortv-Five (45) calendar days from date of substantial completion totaling, Two
Hundred Ninetv-Five (295) calendar days. For the purposes of thls Agreement,
completion shall mean the issuance of final payment.
4.2 During the pre-construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all required
permits for the construction portion of the work may be obtained by the City in
accordance with the Schedule included in the Contract Documents. ln the event that
any delays in the pre-construction or construction portion of the work occur, despite the
2
1&O1B - Tamarac Bikeway / Wall<way System Phase lV
TAMARAC
CITY OF TAIIARAC
7525 NW Sath Ave
PURCHASING AND CO'VTRACTS D'VISION
" Com m ilted to Excolt.tua..,Always"
diligent efforts of the parties hereto, and such delays are the result of force majeure or
arJotherwise outside of the control of either party hereto, then the parties shall agree on
an equitable extension of the time for substantial completion hereunder and any resulting
increase in general condition costs.
5. CONTRACTSUM
The Contract Sum for the above work is Six Hundred Sixty-One Thousand Fifteen Dollars
Doltars and Nineteen Cents cents ($661,015.19).
6. PAYMENTS
payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until 50%
of the project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage
monies witt Ue released upon satisfactory completion and final inspection of the work. lnvoices
must bear the project name, project number, bid number and purchase order number. City has
up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall
invoice the City and provide a written request to the City to commence the one (1) year warranty
period. Altnecessary Releases of Liens and Affidavits and approval of Final Payments shall be
processed before the wananty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part Vll, Chapter 218.
7. REMEDIES
1.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contracto/s failure to perform in accordance with the requirements of this Agreement,
7.2 Correction of Work: lf, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor conect all
deficiencies in the work to bring the work into conformance without additional cost to the
City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance
and the quality of workmanshiP.
8. CHANGEORDERS
8.1 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall not
start work pursuant to a change order until the change order setting forth the adjustments
is approved by the City, and executed by the City and Contractor. Once the change order
is so approved, the Contractor shall promptly proceed with the work. All Change Orders
shall include overhead and profit, not to exceed five percent (5%) and five percent (5%)
respectively.
9.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
21 8-O1B - Tamatac Bikeway / Walkway System Phase lV
CITYOF TA''ARAC
7525 NW E8{, Ave
FL
8.3
8.6
8.7
PU RCH ASING AND COA'IRACTS D'Y'S'OA/
- C om milted to Ex c Cl anca- - Al vars"
Contractor's expense without change in the Contract Price or Time except as approved
in writing by the City.
The Contract Price and/or Time may only be changed by a Change Orde.r A fully
executed change order for any extra work must exist before such extra work is begun'
Any claim for ai increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no event
Iater than 15 days) after the occunence of the event giving rise to the claim and stating
the general nature of the claim. The amount of the claim with supporting data shall be
delivLred (unless the City allows an additional period of time to ascertain more accurate
data in subport of the cliim) and shall be accompanied by claimant's written statement
that the amount claimed covers all known amounts to which the claimant is entitled as a
result of the occunence of said event. No claim for an adjustment in the Contract Price
will be valid if not submitted in accordance with this Paragraph.
The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time-
Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days
after the occurence of the evLnt giving rise to the claim. Notice of the extent of the claim
shall be delivered with supporting data and stating the general nature of the claim.
Contractor hereby agrees to waive rights to recover any lost time or incurred costs from
delays unless Contrictor has given the notice and the supporting data required by this
Paragraph.
Extensions of time shall be considered and will be based solely upon the effect of delays
to the work as a whole. Extensions of time shall not be granted for delays to the work,
unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay
the progress of work as a whole. Time extensions shall not be allowed for delays to parts
of the work that are not on the critical path of the project schedule. Time extensions shall
not be granted until all float or contingency time, at the time of delay, available to absorb
speclfic delays and associated impacts is used.
ln the event satisfactory adjustment cannot be reached by the City and the Contractor
for any item requiring a change in the contract, and a change order has not been issued,
the City reserves the right at its sole option to terminate the contract as it applies to these
items in question and make such arrangements as the City deems necessary to
complete the work. The cost of any work covered by a change order for an increase or
decrease in the contract price shall be determined by mutual acceptance of a
Guaranteed Maximum Price by the City and Contractor. lf notice of any change in the
contract or contrac{ time is required to be given to a surety by the provisions of the bond,
the giving of such notice shall be the Contractor's responsibility, and the amount of each
applicabte bond shall be adjusted accordingly. The Contractor shallfurnish proof of such
adjustment to the City Failure of the Contractor to obtain such approval from the Sure$
may be a basis for termination of this Contract by the City.
8.4
E.5
4
18418 - Tamarac Bikway / Wall<way System Phae lV
PURCHAS"\,G AI'D
'Commilled
colrrRACrs olvlsrolt
to Ex c atlenca..,AtvtaF"C'TY OF TA*IARAC
7525 NW Stth Ava
9. NO DAIUIAGES FOR DELAYS
ALLTIMELIMITSSTATEDINTHEcoNTRAcTDoCUMENTSAREoFTHEESSENCEoF
THE AGREEMENT:;iEEPiAS PNOVIilEP TTENEIN' NO GLAIM FOR DAMAGES OR ANY
cLAtM oTHER rnlN-ion AN exrexsrou oi ilrtie SHALL BE MADE oR ASSERTED
AGATNST THE ClTv iy helsott oF ANi DELAys, contractor shail not be entifled to an
increase in the construction cost or p"y."ni or, "ornp"n"ation
of any kind from city for direct'
indirect, consequential, impact or other .o"i", ",p"nses
or damages including but not limited to
costs of acceleration or inefficien"y, "ri"ing because .of delay' disruption' .interference or
hindrance from any cause whatsoever,-w'neter such delay, disruplion, interference be
reasonable ot. unr"""onable, foreseeaOie or unforeseeable, or avoidable or unavoidable;
provided, nowever,ihritni" piovision snatinot preclude recovery of damages by Contractor for
hindrances or delays due solely to fraud, bad faith or active interference on the part of city or its
agents. ln addition, if Conitaa'or is delayed at any time in the progress of the Work by an act or
neglect of the City's employees, or separate coniractors employed by the City' or by changes
ordered in the Wori, --UV GrrV author2ed by the City pending arbitration-, then the Contract
Time shall Ue reasonaUl, extenOLO by Changebrder, andtheGuaranteed Maximum Price shall
be reasonabty increaiei by Change brder ii order to equitably increase the general conditions
component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time
in the progress ot ttrsWork by labor disputes, fire, unusual delay in deliveries, adverse weather
conditions not reaionaUty anticipated, unavoidable casualties or other causes beyond the
contrac.tor,s control, or by other causes which the city and contractor agree may justtfy delay,
then the Contract Time sirall be reasonably extended by Change Order' Othena/se, Contractor
shall be entifled onfy io extensions of the bontract Time as the sole and exclusive remedy for
such resutting Oetay,
-in
,c"orOrnce with and to that extent specifically provided above' No
extension of time "n"fr
u. granted for delays resuttingfrom normalweather conditions prevailing
in the area as dennJ uv i." average of tire last ten (to) years of weather data as recorded by
the United States Depariment of co-mmerce, Nationai oceanic and Atmospheric Administration
at the Fort Lauderdale Weather Station'
tO. WAIVER OF LIENS
Prior to final payment of the contract sum, a final waiver of lien shall be submitted by all
suppliers, suocontraaors, and/or contractors who worked on the project that is the subject of
this Agreement. Payment of the anvoice and acceptance of such payment by the contractor shall
releai City from "it "l"ir" of liability by Contractor in connection with the agreement'
r1. WARRANW
Contractor warrants the work against defect for a period of one (1) year from the date of final
payment. ln the event that defeit occurs during this time, Contractor shall perform such steps
as required to remedy the defects. Contractor shall be responsible for any damages caused by
defect to affected ar" o, to interior structure. The one (1) year warranty period does not begin
,ntii "pprorat
of Rnat payment for the entire project, and the subsequent release of any
Ferformlnce or Payment Bonds, which may be required by the original bid document'
12. INDEMNIFICATION
12.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages,
llability, ,nJ ir*p"n"es (incluiing attorneys' fees) in connection with loss of life, bodily or
personat injury, or propefi dariage, including loss of use thereof, directly or indirectly
518-o1B - Tamaftc Bikewav / Wall<wav System Phase lV
TAMARAC
CITY OF TAMARAC
7626 Nw AEfi Ave
FL
12.2
12.3
PURCH AS'NG AND COI,,RACIS D'Y'S'OA'
" com mil,td to Exccltenca..AlvaYs"
caused by, resutting from, arising out of or occurring in connection with the operations of
the Contractor or its officers, employees, agenis, subcontractors, or independent
Contractors, excepting only such loss of life, UoOity or personal injury, or property
damage solely attributibte tb the gross negligence or willful misconduct of the City or its
electe-d or appointed officials ani emptoyeel. The above provisions shall survive the
termination of tnis Agreement and shail pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof'
The City and Consultant recognize that various provisions of this Agreement, including
but not limited to this Section, -provide for indemnification by the Consultant and requires
a specific consideration be given there for. The Parties therefore agree that the sum. of
Ten Doltars and 00/100 ($f OIOO1, receipt of which is hereby acknowledged, is the specific
consideration for such inOemniiies, and the providing of such indemnities is deemed to
be part of the specifications with respect to the services to be provided by Consultant.
Furlhermore, the City and Consultant understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continie in full force and effect as to the City's and the Consultant's
responsibility to indemnify.
Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
12.4. Additional lndemnification Requirements
12.4.1To the fullest extent permitted by law, the Agency's contractor shall indemnify
and hold harmless the Agency, the State of Florida, Department of
Transportation, and its officers and employees, ftom liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of the
contractoi and pelsons employed or utilized by the contractor in the performance
of this Contract.
12.4.2 This indemnification shall survive the termination of this Contract. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida and the Agency's sovereign immunity'
12.4.9 To the fullest extent permitted by taw, the Agency's consultant shall indemnify
and hold harmless the Agency, the State of Florida, Department of
Transportation, and its ofiicers and employees, from liabililies, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of the
consultant and persbns employed or utilized by the consultant in the performance
of this Contract.
12.4-4 This indemnification shall survive the termination of this Contract. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida and the Agency's sovereign immunity'
13. NON.DISCRIMINATION & EQUAL OPPORTUNIW EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex
6
1 8418 - Tamanc Bikeway / Wailonay Sictam Phase lV
/*-
TAMARAC
CITY OF TAfrIAR,AC PI)RCHASTNG AND CO'i.TRAC'S D'V'S'O'"
' C om m itted to Excdlcnce.-.Alvays"
7525 NW 8,/'t, Ave
including pregnancy, religion, age, national origin, marital status, political affiliation, familial
status, lerrrf ofeniatioi, genJer identity and expression, or disability if qualified' The
Contractor will take affirmative action to ensure that employees and those of its subcontractors
are treated during employment, without regard to their race, color, sex including pregnancy,
i"tigion, age, nati6nat6rigln, maritalstatus, politicalaffilidion, familialstatus, sexualorientation,
genier'd6ntity or expreision, or disability if qualified. Such actions must include, but not be
iimited to, the iollowing: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or tLrmination; rates of pay or other forms of compensation; and selection for
training, lri;uding apprenticeship. The Contractor and its subcontractors shall agree to post in
"on"picror"
places, available to its employees and applicants for employment, notices to be
provi'OeA by the contracting officer setting forth the provisions of this nondiscrimination clause.
The Contrac,tor further agrees that he/she will ensure that all subcontractors, if any, will be made
aware of and willcomply with this nondiscrimination clause'
14. INDEPENDENT CONTRACTOR
This Agreement does not create an ernployee/employer relationship between the Parties' lt is
the intdnt of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the
Fair Labor Siandards Act minimum wage and overtime payments, Federal lnsurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the lnternal Revenue Code, the State Worker's Compensation Act, and the State Unemployment
lnsurance law. The Contractor shall retain sole and absolute discretion in the judgment of the
manner and means of carrying out Contractor's activities and responsibilities hereunder
provided, further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
Siate, or United States policies, rules or regulations relating to the use of Contractor's funds
provided for herein. The Contractor agrees that it is a separate and independent enterprise from
ine City, that it had fullopportunity to find other business, that it has made its own investment in
its business, and that it will utilize a high level of skilt necessary to perform the work. This
Agreement shall not be construed as creating any joint employment relationship between the
C6ntractor and the City and the City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
15. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city'
16. NOnCE
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY:
City Manager
City of Tamarac
7525 N.W. EBth Avenue
Tamarac, FL 33321
\Mrth a copy to the Gitv Attornev at the following address:
718-O1B - Tamarac Eikeway / Wal|vay System Phase lV
TAMARAC
C'TY OF TAMARAC
7525 NW Ulh Ave
PURCHASING AND COITRACTS DMS'OI'
" Com m iaed to Excdcnca..-NtaYs"
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRAGTOR:
STANFORD & SONS TRUCKING CORPORATION
DBA STANFORD CONSTRUCT]ON CO.
1081 NW12TERRACE
POMPANO BEACH, FL 33069
FIN/ElN: 6$0393448
Contract Licenese: Broward County - 3A - Major Roads (Asphalt and Concrete Paving For
lnterstate Primary Secondary and Arterial Roadways and Airports and Work
Contact Stanford Amritt
E: s.amrift @stanfordcc. com
P:954-783-6922
F: 954-783-6925
17. TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by Ctty to the Contractor for such
termination in wtrich event the Contractor shall be paid its compensation for services
performed to termination date, including services reasonably related to termination. ln
the event that the Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination-
17.2 Default by Contractor: ln addition to atl other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
1E. PUBLIC RECORDS
18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
18.1.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
18.1.2 Provide the public with access to such public records on the same terms and
conditions that the City would provide the records and at a cost that does not
exceed that provided in chapter 119, Fla. Stat., or as othenrvise provided by law;
18.1.3 Ensure that public records that are exempt or that are confidentia! and exempt
from public record requirements are not disclosed except as authorized by law;
and
18.1.4 Meet all requirements for retaining public records and transfer to the City, at no
cost, all public records in possession of the contractor upon termination of the
I18-O1B - Tamanc Bikeway /Walkway System Phase lV
CITY OF TATIARAC
7525 NW 88th Ave
PURCHASNE AND CO'ITRACTS OIWSION
' Commited to Exccllcnca.. -Always"
contract and destroy any duplicate public records that are exempt or confidential
and exempt. All records stored electronically must be provided to the City in a
format that is compatible with the information technology systems of the agency.
1E.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the Default
in accordance with the provisions set forth in Article 17 "Termination" herein.
I9. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Tamarac in
the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
20. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is ftxed in Broward County, Florida.
2I. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Confactor has the authority to enter into this Agreement.
22. SEVERABILIW; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting the validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect the enforceability of that provision or
of the remainder of this Agreement.
23. UNCONTROLLABLE CIRCUMSTANCES
23.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid,
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a pafu of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. lt includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civildisturbance, sabotage,
and governmental actions.
23.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
wriften notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of lhis Agreement.
918418 - Tamarac Bikewey / Walkway System Phase lV
TAMARAC
CITYOF IANARAC
7526 NW6Eth Ave
PURCHASING AND CO'VTRACTS O'Y'S'OAI
" Commifcd b Exc.tt nca..Aiwap"
24. MERGER; AilIENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement
can be supplemented and/or amended only by a written document executed by both the
Contractor and the City.
25. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement conceming its construction, interpretation or othemise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such
a presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
26. CUSTODIAN OF REGORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1{9, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVTDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(s54) s97-3505
CITYC LERK@TAMARAC.O RG
Remainder of Page lntentionally Blank
18-O1B - Tamaftc Bikeway /Walkway System Phase lV 10
CITYOF TANARAC
7525 NW EEth Ave
PURCHASING AND CO,VTRACTS DIWSION
: Commiated to *cclleflco...Alw.ys"
lN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and CONTRACTOR, signing by and through its Owner duly authorized to execute same.
Harry
5-3-/g
Caty Ms-w-/8
\^
Patricia A. Teufel, CMC
City Clerk
\{
Date
Ap as to form and alsufficiency:
slzrl(
ATTEST:
Signature of
nl^ d.-." A+{-it{-
Type/Print Name of Corporate Secy
- (coRPoRATE SEAL)
Date
STANFORD & SONS
CORPORATION DBA
CONSTRUCTION CO.
TRUCKING
STANFORD
Company Name
-%out*; A-*-
€ignature
$residenVOwner
Stanford Amritt
Type/Print Name of Owner
lo rts
Date
TAMARAC
18-018 - Tamarac Bikeway / Wall<ulay System Phase lV
11
CI|Y OF TA"ARAC
7625 NW Erth Avc
PURCHASING AND COA'TRACTS D'VIS'OI{
" C omm iiled to Ex ccttedc...-Alw.W"
CORPORATE ACKNOWLEDGEMENT
STATE OF Ft atrtpr4
COUNTY OF EtMtt4r0 ,
SS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the Coun$aforesaidy'MRirT ,of
in and who executed the foregoing instrument andto me known to be the person(s)
acknowledged before me that he/she executed the same.
WTNESS my hand and official sealthis /o day of Hrq-,20a
t/
of Notary Public
State of Florida at
ld ttTd/1/
f
/,,r,t /11, /Mr.a//"
Print, Type or
Name of Notary Public
tr Personally, known to me or
B ProOuced ldentification
Ft-9 /'/CDPtr/E
Type of l.D. Produced
B DID take an oath, or
DID NOT take an oath.
TINA M. WHEATLEY
Notery Publlc - Slato ol Florida
My Comm. Expires Aug 6. 2018
Commission # Ft 135878
Bmded Niimd Assn.
1 8-018 - Tamarac Bikeway / wall&'ay System Pf,ase /y 12
STATE OF FLORIDA DEPARTMENT OF TMNSPORTATION
LOCAL AGENCY PROGRAM
SUPPLEIIIENTAL AGREEIIENT
Exhibit D
FEDERAL rD NO. (FA|N)
ofuo-oRz-e
52S{tlB32
PROGRAI'I MANAGETIGNT
@t'17
Page 1 of 3
SUPPLEMENTAL NO.
One
CONTRACT NO.
G0441
FPN
FEDERAL AWARD DATEo2l20t o1A
LOCAL AGENCY DUNS NO
07-7)7-Oo,AO
The trlnrir{a of Transrrnrtafinn and r1ift,rtl Tannarar
the original Agreement entercd into and executed on F_ebruary Z3. ZO1g
desires to supplement
as identified above. All
provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this
supplement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name NW 70t'Blvd Length 1.627 M
Termini From: NW 57s St To:Drive
Description of Work:
Project includes five-foot wide bikernay system on both sides of the roadway, abutting the existing travel lanes.
Construcdion ltems also include concrete sidewalks, ADA Ramps, Curb and gutter, orainage struitures, pavement
markings, and signage.
Reason for supplement and supporting engineering and/or cost analysis:
This SupplementalAgreament decreases amount under FlriHt436922-1-5S-01 by g41a,9a1.00. Revised State and Federal Agreementamount is $&12,725^ffi. Referto E$ibit'B'attached hereto and made apart he-neof which replaces Exhibit "B" attacfied to tf,e Originat
Agreement.
STATE OF FLORIDA DEPARTMENT OF TMNSPORTAT1ON
LOCAL AGENCY PROGRAM
SUPPLEIT'ENTAL AGREEMENT
ADJUSTED EXHIBIT B SCHEDULE OF FUNDING
525{1&32
PROGMM MANAGEMENT
a7117
Page ! of !FPN
445.912-11
TYPE OF WORK
By Fiscal Year
FUNDING
(1)
PREVIOUS TOTAL
PROJECT FUNDS
(2)
ADDITIONAL
PROIECT FIINDS
(3)
CURRENT TOTAL
PROJECT FUNDS
(4)
TOTALAGENCY
FUNDS
(s)
TOTAL STATE &
FEDERAL FUNDS
Plannlng
FY:
FY:
FY:
FY:
FY:
FY:
Total Planninq Cogt $0.00 90.00 s0.00 s0.00 $0.00
&
Envlronment (PD&E)
FY:
FY:
FY:
FY:
FY:
FY:
PD&E Cost s0.00 50.00 $0.00 s0.00 s0.00
FY:
FY:
FY;
FY:
FY:
Cost $0.00 s0.oo s0.00 s0.00 $0.00
FY:
FY:
FY:
FY:
FY:
FY:
Total s0.00 $0.00 50.00 $0.00 c0.00GonstfucEon
FYi ?017-2018
FY: 2O17-2018
FYi 2017-2019
FY:
FY:
FY:
Totel Constuctbn Cost
$116 140.OO
3655 85r.OOs6.oo
91,075.957.00
{$97.849.00}
($31I.092.001
($414.941,001
s18.291.00
$338.759.00
$303.956.00
$661.016.00
s18.291.00
$18.291.00
s338.759.00
s303.966.00
96/.2.725.00conctn cuon Eqginoerlng and
lnspection (CEl)
FY:
FY:
FY:
FY:
FY:
FY:
Total CEI Cost
Total Construction & CEI Costs
s0_o0 $0.00 $0.00 $0.00 30.00
s1.075.957.00 (s414 941.00i $661.016.00 s18.291.00 s642.725.O0
TOTAL COST OF THE
PROJECT 31.075,957.00 ($414.941.00t $661.016.00 .818.291.00
STATE OF FLORIOA OEPARIIIIENT OF TRANSPOFITATDN
LOCAL AGENCY PROGRAtrI
SUPPLEi'ENTAL AGREETENT
lN WTNESS W{EREOF, the parties have executed this Agreement on the date last ascribed herein
AGENCY City of Tamarac STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
525{tG32
PROGRAI' iiIANAGEII'ENT
ot17
Name:
rne)r (l-,.r Y .Ll"w-3?(
Page ! oft
Name: Stacy Miller, P.E.
Title: Director of Transportation Development
Date:
LegalReview: