HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-008I
Temp. Reso. No. 13179
January 9, 2019
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2019 0g
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA ACCEPTING A GRANT AWARD IN THE
AMOUNT OF $272,608 FROM THE FEDERAL HIGHWAY
ADMINISTRATTON (FHWA) THROUGH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT); AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LOCAL
AGENCY PROGRAM (LAP) AGREEMENT AND NECESSARY
DOCUMENTS BETWEEN FDOT AND THE CIry OF TAMARAC
PENDING LEGAL REVIEW FOR GRANT FUNDING IN THE
AMOUNT OF $272,608; PROVIDING FOR A MATCH lN LOCAL
FUNDS !N THE AMOUNT OF $141,160 FOR THE PINE ISLAND
ROAD PEDESTRIAN CROSSING AT NW 57TH STREET AND NW
67rH COURT; PROVIDING FOR THE APPROPRIATION OF
$272,608; 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, to provide a safe crossing for pedestrians at 57th Street and
Pine lsland Road connecting Tamarac Village with the Broward County Library, Tamarac
Community Center and shopping and dining; and
WHEREAS, to provide a safe crossing for pedestrians and golf carts on Pine lsland
Road; and
WHEREAS, the City of Tamarac will install two (2) Pedestrian Midblock
Crosswalks along Pine lsland Road between Commercial Boulevard and McNab Road,
the crossings will be located at Pine lsland Road at NW 57th Street and Pine lsland and
NW 67th Court; and
I
t
Temp. Reso. No. 13179
January 9, 2019
Page 2
WHEREAS, federaltransportation dollars are available from the Federal Highway
Administration (FHWA) for selected transportation projects through the State of Florida
Legislative Appropriations process; and
WHEREAS, the Pine lsland Pedestrian Crossing at NW 57th Street and NW 67th
Court was selected for a grant award and is included on the Florida Department of
Transportation (FDOT) appropriation request list for the 2019 work program year for
transportation related projects; and
WHEREAS, FDOT requires, and the City agrees, to enter into a Local Agency
Program (LAP) Agreement pending legal review which is attached hereto as Exhibit A
and is incorporated herein by this reference; and
WHEREAS, as part of the Legislative Appropriations process, the City will provide
a match in the amount of $141,160 in local funds as shown under the Schedule of
Funding section within the above referenced LAP Agreement; and
WHEREAS, the Directors of Public Services and Financial Services recommend
acceptance of the award and execution of the LAP Agreement pending legal review
between FDOT and the City of Tamarac; 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 FHWA grant
funding through FDOT for the Pine lsland Pedestrian Crossing at NW 57th Street and
NW 67th Court and to execute the corresponding LAP Agreement and necessary
documents following legal review.
I
I
I
I
Temp. Reso. No. 13179
January 9, 2019
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE C]TY COMMISSION OF THE
CIry OF TAMARAC, FLORIDA:
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. Allexhibits attached hereto and referenced herein are expressly incorporated
and made a specific part of this Resolution.
Section 2. The City Commission of the City of Tamarac HEREBY accept the
$272,608 Federal Highway Administration (FHWA) grant award through the Florida
Department of Transportation (FDOT) for the Pine lsland Pedestrian Crossing at NW
57th Street and NW 67th Court.
Section 3: The appropriate City Officials are HEREBY authorized to execute a
LocalAgency Program (LAP) Agreement and necessary documents between FDOT and
the City of Tamarac following legal review.
Section 4: The appropriate City Officials are HEREBY authorized to provide a match
in the amount of $141,160 in local funds for the FHWA grant award through FDOT for the
Pine lsland Pedestrian Crossing at NW 57th Street and NW 67th Court.
Section 5: The grant funds, in the amount of $272,608 are HEREBY appropriated for
the purpose included in the LAP Agreement and will be included in a budget amendment
prior to November 30, 2019.
Section 6: All Resolutions in conflict herewith are HEREBY repealed to the extent
of such conflict.
t
I
Temp. Reso. No. 13179
January 9,2019
Page 4
Section 7. 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.
Section 8: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this aY of 2019
E LEJ
MAYOR
ATTEST
P RICIA TEUF
CITY CLERK
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: VIM PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
UEL
t
I
N
ICITY ATTORN
STATE OF FLOROA DEPART}ENI G TRANSPORTATION
LOCAL AGENCY PROGRAf,I AGREEiiENT
TR 13179 - E)fi,bit 1
525-010-10
PROGRAf, ITANAGEIIIENTocc/ooc-1ms
PaC. f cr!6
FPN:425,417-2-5&O1 FpN FPN
Federal No (FAIN):D418-1 FederalNo (FAIN):FederalNo (FAIN):
Federal Award Date: _FederalAward Date:Federal Award Date:
Fund:Fund:LF/ Fedenal Fund:
Org Code:5504:1010404 Org Code:Org Code:
FLAIR Approp: FlAtRApprop:FlAlRApprop:
County No:86 Contract No:
Recipient Vendor No: F591 039552410 Recipient DUNS No:07-727
Cdalog of Federal DomesticAssistiance (CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT (Agreernenf), is entered into on
by and between the State of Flodda Department of Transportatlon, an agency
(ItXs dde to be entqed by DOT only)
of the State of Floritla ('Departnent), and Gitv of Tamarac CRecipient').
NOW, THEREFORE in consideration of the mutual beneflts to be derived from joint participation on the Project, the
Parties agree to the following:
{. Authority: The Department is authorLed to enter into this Agreement pursuant to Section 339.12, Ftorida
Statutes. The Recipient by Resolution or other form of offcial authorization, a copy of which is attached as
Exhlblt 'D" and made a part of this Agreement, has authorized its offrcers to execute th's Agreement on its
behalf.
2- Purpose of Agreement The purpose of this Agreement is to provide for the Departnenfs participation in
Pine lshnd Road at NW Sln Stree* and tIl/V 67h Court as further described in Exltibit "A", Project
Desoiptbn and Responsibilfies attached to and incorporated h thb Agreement fProjecf), to provide
Departnent financial assistance to the Recipien{ state the terms and conditbns upon which Deparfnent
funds will be provided; and to set forth the manner in which the Proiect witl be undertaken and completed.
3. Term of Agreement The Recipient agrees to complete the Projecl on or befiore June 30. 2021. lf the
Recipient does not complete the Project within this time period, this Agreement will epire on the tast day of
the scheduled mmpletion as provided in this paragraph unless an extension of the time period is reguested
by the Recipient and gnanted in writing by the Departnent prior to the o<piration of this Agreement Expiration
of thb Agreement will be considered termination of the Prc{ect The cost of any work performed after the term
of this Agreement will not be reimbursed bythe Deparfnent
4- Project Cost:
a. The estimated mst of the Project is $ 413.76E.00. This amount is based upon the Schedule of Financial
Assistance in Exhibit "B", attac-hed to and incorporated in this Agreement. Exhibit'Bo may be modified
by mutual o<ecution of an amendment as provided for in paragr:aph 5.1.
b. The Departnent agrees to participate in the Project cost up to the maximum amount of $272.608.00 and
as more fully described in E:rhlbit 'B". This amount includes Federal-aid funds which are limited to the
actual amount of Federal-aid participation. The Deparfnent's participation may be increased or reduced
upon determination of the actual birJ amounts of the Project by the mutual execution of an amendment.
The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits
incuned in connection with the completion of the Project.
c. Project costs eligible for Departrnent participation will be allowed only from the date of this Agreement. lt
is understood tfrat Deparfnent participation in eligible Pro,iect costs is subject to:
i. Legislative approval of the Deparfnents appropriation request in the uork program year that the
Proiect is scheduled to be cornmifted;
STATE OF FLORIOA DEPARTMENI OF TRANSPORTATON
LOCAL AGENCY PROGRAfTI AGREEiiENT
TR 13179 - E)dibit 1
5a5{1o-aoPROGRAI IAI{AGEIGNTo@pc-r(yl8PqaZd16
5.
ii. Avalhbility of funds as stated in subparagraphs 5.L. and 5.M. of this Agreernent;
iii. Approval of all plans, specifications, contracts or other obligating doctments and all other terms
of this Agreement; and
iv. Deparhnent approval of the Proiect scope and budge* at the time appropriatkrn auhority
becomes ayailable.
Requlsitions and Payments
a. The Recipient shatl provide quanffiable, measurable, and verifiSle units of deliverables. Each
deliverable must specify the required minirnum level of service to be performed and the criteria for
evaluating successful completion. The Prqiect and the quantifiable, measurable, and verifiable units of
deliverables are described more fully in Exhibit'A".
b. lnvoices shall be submitted by the Recipient in de{ail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Edribit oA'.
Deliverables must be received and accepted in writing by the Elepartsnenfs Pnfect Managei prior to
payments. Requests for reimbursernent by the Recipient shall include an invokre, progr€ss report and
supporting documentation for the period of services being billed that are acceptrable to the Deparfnent.
The Recipient shall use the format for the invoice and progress report that b approved by the
Department.
c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to
be bome by the Recipient or its contractors and subcontractols. Costs in excess of the programmed
funding or attributable to actions which have not received the required appro\ral of the Departnent shall
not be considered eligible costs. Atl costs chargred to the Project, including any approved services
oontributed by the Recipient or others, shall be supported by properly executed payrolls, time records,
invoices, contracts or vouchers evidencing in proper detailthe nature and propnety of the charges.
d. Supporting documentation must establish that the deliverables were recdved and accepted in writing by
the Recipient and must also establish that the required minimum lenrclof s€n/ice to be performed based
on the criteria for evaluating successful mmpletion as specifial in E:dtibit "lf was m€t. All costs
invoiced shall be supported by property executed payrolls, time records, invoices, confacts or vouchers
evidencing in proper detail the nature and propriety of charges as described in Edtibit 'F", Gontract
Payment Requirernents.
e. Bills for bavel o<penses specifically authorized in this Agreernent shall be submitted on th€ Deparfnenfs
ContractorTravel Form l.lo. 300{00-06 and will be paid in accordance with Section't12.061, Florida
Statutes and the most cunent version of the Disbursement Handbook for Empkryees and Managers.
f. Pay,ment shall be made only after receipt and apprornal of goods and services unless adrrance payments
are authorized by the Chief Financial Ofiicer of the State of Florida under Chapters 215 and 216, Florida
Statutes orthe Department's Conrpboller under Section 334.044(29), Florida Statutes.
D lf this box is selected, advance payment is authorized for this Agreement and Exhibit 'H",
Altemative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
lf the Departnent determines that the performance of the Recipient is unsatisfaclory, the Department
shall notiff the Recipient of the deficiency to be conected, which oonection shall be made within a time.
frame to be specified by the Department The Recipient shall, within thirty (30) days afler notbe from the
Deparfnent, provide the Department wtth a conective action plan describing hor the Recipbnt will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non+ompliance. lf the conective action plan is
unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-
performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. lf the
deficiency is subsequently resolved, the Recipient may bill the Department for the unpaki reimbursement
STATE OF FLO&Dq DEPARTiENT G TMNSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Eltfiibtt 1
525{rlO40PRO6AM MANAGEIIENTo@lo@-t0r'r8
Pacr 3 c, 15
request(s) during the next billing period. tf the Recipient is unable to resolve the deficiency, the funds
shall be forfeited at the end of the Agreement's term.
S. Agencies providing goods and services to the Department should be aware of the following time frames.
lnspection and approrral of goods or services shall take no longer than 20 days fronr the Departmenfs
receipt of the invoice. The DeparEnent has 20 days to deliver a request for paytnent (voucher) to the
Department of Financial Services. The 20 days are measured from the later of the date the invoice is
received 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 pursuant
to Secfoa 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient.
lnterest penaltles of less than one ('l) dollar will not be enforced unless the Recipient requests payment.
lnvoices that have to be retumed to an Recipient because of Recipient preparation enors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice
is provided to the Deparbnent.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this indMdual include acting as an advocate for Agencies who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contaded at (850) 413-5516.
h. The Recipient shall maintain an accounting system or separate accounts to en$ure funds and projects are
tracked separately. Records of costs incuned under the terms of this Agreement shall be maintained and
made atmilable upon request to the Department at alltimes during the period of this Agreement and for
five years after final payment is made. Copies of these documentrs and records shall be fumished to the
Department upon requesl. Records of costs incuned include the Recipienfs general accounting records
and the prctject records, together with supporting documents and records, of the conbactor and all
subcontractors performlng work on the prqiect, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of msts.
i. Prior to the execution of this Agreernent, a Project schedule of tunding shalt be prepared by the Recipient
and approved by the Departrnent. The Recipient shall maintain said schedule of funding, cany out the
Project and shall incur obligations against and make disbursements of Prcriect funds only in conformity
with the latest approved schedule of funding for the Project. The schedule of funding may be revised by. execution of a LocalAgency Program fl-CP) SupplementalAgreernent between the Department and the
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient's contract anrard amount.
t- lf, after Project completion, any claim is made by the Departnent resulting from an audit or for work or
services performed pursuant to this Agreernent, the Department may offset such amount from payments
due forwort or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Ofisetting any
amount pursuant to this paragraph shall not be considered a brerch of contract by the Department.
k- The Recipient must submit the final invoie on the Pro,iect to the Department within 120 days after the
completion of the Pro.iect. lnvoices submitted after the 120day time period may not ba paid.
l. The Departmenfs performance and obtigation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. lf the Department's funding for this Project is in multiple fiscal years,
funds approval from the Departmenfs Comptroller must be received each fiscal year prior to costs being
incuned. See Exhibit "B' for funding levels by fiscal year. Project costs utilizing these fiscal year funds
are not eligibte for reimbursement if incurred prior to funds approval being received. The Department will
notify the Recipient, in writing, when funds are available.
m. ln the event this Agreement is in excess of $25,000 and has a telm for a period of more than one year,
the provisions of Section 339.135(6Xa), Florida Statutes, are hereby incorporated:
'The Deparbnent, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
STATE OF FLORII)A DEPARTMEM OF TRANSPOBTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Erfiihl I
525{10{O
PROG&iU T'ANAG€UEIIToocooc-10f18
Pe0c 4 of 15
of the amounts budgeted as available for expenditure during such fiscal year. Any
conhact, verbal or written, made in violation of thb subsectbn is null and voU, and no
money may be paid on such conbact. The Department shall require a statement fuorn the
comptroller of the Deparfnent that funds are available prior to entering into any such
contrac{ or other binding commitner[ of funds. Nothing herein contained shall prevent
the making of conhacts for periods exceeding 'l yar, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscalyears, and tris paragraph shallbe incorporated verbatim in allcontnacts
of the Deparfnent which are for an amount in excess of $25,000 and wtrbh have a term
for a period of more than 1 year."
6. Department Payment Obligations:
Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. However, notwithstanding any other proMsion of this Agreement, the Depailment may elect
by notice in wrtting not to make a payment ff:
a. The Recipient shall have made misrepresentation of a material nafure in its apptication, or any supptement or
amendment to its application, or with respect to any document or data fumished with its appli=tion or pursuant to
this Agreement;
b. There is any pending litigation with respect to the performance by the Recipient of any d its duties or obligations
which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
c. The Recipient shall have taken any action pertaining to the Project which, under this Agreenrent requires the
approval of the Department or has made a related ependiture or incuned reHed obligations without having been
advised by the Department that same are approved;
d. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.: or
e. The Recipient has been determined by the Department to be in default under any of the provisions of the
Agreement.
The Department may suspend or terminate payment for that portion of the Proiecl which the Federal Highway
Administration ('FHWA'), or the Department acting in lieu of FHWA, may designate as ineli,gible for Federal-akl.
ln determining the amount of the payment, the Department will exclude all Prcject costs incuned by the Recipient prior to
the Departmenfs issuance of a Notice to Proceed (NTP'), costs incuned afier the elpiration of the Agreement, costs
which are not provided for in the latest approved schedule of funding in Exhibit "B' for the Project, costs agreed to be
bome by the Recipient or its contractors and subcontractors for not meeting the Project commenoement and final invoice
time lines, and costs attributabte to goods or services received under a contract or o0pr anangernents which have ncfi
been approved in wrfing bythe Department.
7. General Requirements:
The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions in this Agreement, and all applir=ble laws. The Project will be performed in accordancewith all appllcable Departnent procedures, guidelines, manuals, standards, and directives m decribed in the
Department's Local Aoencv Proqram Manual (FDOT Topic No. 52$01G.300), which by this refurence is made a part of
this Agreement Time is of the essence as to each and every obligation under this Agreernent-
a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete,
accurate, and consistent with the terms, conditions, and speciftcations of this Agreement shall be in
responsible charge of the Project, which employee should be able to perform the following duties and
functbns:
i. Admin'sters inherently govemmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid proiec{s;
STATE OF FLORIOA D€PARTMENT OF TRANSPORTATEN
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Ahit t 1
525{10.aO
PROGRAT' TANAGETCNToccio6-'ror18Prg. 6 of f5
ii. Maintains familiarity of day to day Project opercrtions, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Msits and revievtrs the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
vi. Directs Proiect staff, agency or consultanl to carry out Project administration and eontract
oversight, including proper documentation;
vii. ls aware of the qualifications, assignments and on-the.job performance of the Recipient and
consuitant staff at all stages of the prqject.
b. Once the Deparfnent issues the NTP forthe Project, the Recipient shall be obligated to submit an invoiceor o-ther request for reimbursement to the Department no less than once every 90 days (quarterly),
beginning from the day the NTP is issued. lf the Recipient fails to submlt quarterty invoiiis to t-he
Department, 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 State appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project), then the Recipient will be
solely responsible to provide all funds necessary to complete the Project and the Departrnent will not be
obligated to provide any additional funding for the Project. The Recipient llrai\Bs the right to contest suchremoval of funds by the Department, if the removal is related to FHWA s withdrawal of funds or if the
removal is related to the loss of State appropriation authority. ln addition to the loss of funding for theProject, the Departrnent will also consider the de-certifrcation of the Recipient for fitture IAP Projects. No
cost may be incurred under this Agreement until after the Recipient has received a written NTP ftom theDepartment. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the datethe Department issues the NTP to advertise the Project. lf the Recipient is not able to meet the
scheduled advertisement, the District LAP Administrator should be notified as soon as possible.
c. lf all funds are rernoved from the Project, including amounts previously billed to the Deparbnent and
reimbursed to the Reeipient, and the Project is off the state highway system, then the Department wiil
have to request repayment for the previously billed amounts from the Recipient. No state funds can beused on off-systenr projects, unless authorized pursuant to Exhibit "1", State Funds Addendum, which
will be attached to and incorporated in this Agreement in the event state funds are used on the Project.
D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Reclpient will
initiate and consummate, as provided by law, all actions necessary with respect to any such matters.
E. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements, to enable the Recipient to provide the necessaryfunds for compbtion of the Prc{ect.
F. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Recipient shall make such
sub miss'rons using Depa rtment-designated i nform ation system s.
G' Federal-aid funds shall not participate in any eost which is not incuned in conformity with applicable
federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., andpolicies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be
paid on account of any cost incurred prior to authorization by FHWA to the Dreparfnent to proceed with
the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). lf FHWA or the Department determines
that any amount claimed is not eligible, federal participation may be approved in he amount determined
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Efiibit t
525{10-10
PROGRAX IENAGEICNTo@p@-l0ll8
PelE 3ot 15
to be adequately supported and the Department shall notify the Recipient in writing cihng the reasons why
items and amounts are not eligible for federal participation. Where conectable non-compliance with
provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is
obtained. Where non-compliance is not conectable, FHWA or the Department may deny participation in
parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal
reimbursement for which the Department has advanced payment, the Recipient shall promptly reimburse
the Department for all such amounts wilhin 90 days of written notice.
H. For any project requiring additional right-of-way, the Recipient must submit to the Deparfrnent an annual
report of its real property acquisition and relocation assistance activities on the project. ActivitieS shall be
reported on a federal fiscal year basis, from October 1 through Septernber 30. The report must be
prepared using the format prescribed in 49 C.F.R. Paft 24, Appendh B, and be submited to the
Department no later than Oclober 15 of each year.
8. Audit Reports:
The administration of resources awarded through the Department to the Recipient by this Agn:ement may be subject to
audits and/or monitoring by the Department The following requirements do not limit the authority of the Departsnent to
conduct or anange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State
agency inspector general, the State of Florida Auditor General, or any other State official. The Recipient shall comply with
all audit and audit reporting requirements as specified beloar.
a" ln addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements,
monitoring procedures may include, 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, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those findings pertain to
Federal awards provided through the Department by this Agreement. By entering into this Agreement, the
Recipient agrees to comply and cooperate fulty with any monitoring procedures/processes deemed appropriate by
the Department The Recipient further agrees to comply and cooperate wtth any inspections, reviews,
investigations, or audits deerned necessary by the Department, State of Florida Chief Financial Officer ('CFO"), or
State of Florida Auditor General.
b. The Recipient, a non-Federal entity as defined by 2 CFR Part 200, as a subrecipient of a Federal award awarded
by the Departnent through this Agreement b subject to the following requirements:
i. ln the event the Recipient elpends a total amount of Federal awards equal to or in excess of the threshold
established by 2 CFR Part 2fi), Subpart F - Audit Requirements, the Recipient must have a Federal single or
progrElm-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F - Audit Requirements. Exhibit uE" to this Agreement provides the required Federal avvard
identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200,
Subpart F - Audit Requirements. ln determining Federal awards expended in a fiscal year, the Recipient must
consider all sources of Federal awards based on when the activity related to the Federal award oocurs,
including the Federal award provided through the Department by this Agreement The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part
200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in
arcordance with the provisions of 2 CFR Part 200, Subpart F - Audil Requirements, will meet the
requirements of this part.
ii. ln connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F -Audit Requirements.
STATE OF FLOR]DA DEP.ARTTIENT Of TRJAT'ISPORTMOI{
LOCAL AGENGY PROG RA}I AGREEiIEITIT
TR 13179 - Bhibit 1
525{10{O
PROGRAU T'ANAGEU€Mocco@-10fi8
PEIE 7 ot 15
iv. The
V.the,IFAG, the Depaitrrcrf w.ill rev-ieJfl the Reefurient's
tasers, to neagsqary to
the Federal
cordtrcted
additional
rernedied
take ryprryride adions to er,foree eonpFance, which
1. Teflpor4ily wittrhotd cash payne*h Fendirg mredior of the ddolency by the Recipient
or mor€i serere enforcemert actkrn by the @arfnent;2. Hlffi (deny both r.rse of tunds ryd any applhabb rna$ring credt fo4 afl or part of the
cost d the adivily or aciiqr not in cornCiarrce;3. wli@tN patly suspend orteim-inate flie Federal arrard;4. lgfrHes{rgpensim or d$arrnent Broceeditigs as auBruized urder 2 C.F.R Part 180 andF al ailarding agency reguHiors {or in tlrq case cf Sre Oepartaeed, reconnnend such
a pmceeding be initiated by the Federalauarding ag€ns$5. Wltt$iold furttler Federal awaFds torthe project cr prograrn;6. Take ofter remedies that may be legally aviilable.
vi. As a condition of receirri{rs this Federal award, the Reciflent shatt Bermit fire pepartment or its designee, the
CFO, or Stde of Fbdda Audilor General access to the Recipient's reqordi incfui*rg Brarrcbl **ements, tne
independeal arditor's sorkir€ papers, and ffiect records as necessElry. Recsds rekd to,mresdved aud'it
findi,ngs, appeals, or litigration shall be retained until the action is comptete or the dspr.rte's redved.
vii. The Depatrnent's cantact information for requirements under this part b m folkrins:
OfFrce of Csnpholler, MS A4
605 Sutnannee $rcd
Talahassee, Fffia 92399{4f0FD0TEklghAlffildd.#Ge.fl .ns
c. The Recipient shall reiain sufficlent records dernonstr:ding its compliance wilh the terms of thb Agreement for a
per,iod of fwe )rearsfro.m the date the audit report is issued and shall allow the Departnent or ib des[nee, the CFO,
or State d Flonlda Arditsr Gener:al &cess to such records upon requesl The Recipient shall ensure that the audit
wor'klng pafers are made availabte to the Department or its designee, the CFO, or State of Florida Auditor Gener,al
upon rquest for a period of fne years from the date the audit report is issued, u,nbss extended in wrtting by the
Departnent.
STATE OF FLORIOA OEPARTMENT OF TRANSPORTATION
LOCAL AGENGY PROGRAM AGREEMENT
TR 13179 - E)fiiHt 1 fl5{10-40
PROGRAT XANAGET'ENToccio@-1(118
PEg. t., l6
9. Termination or Suspension of Proiect:
The Department may, by written notice to the Recipient" suspend any or all of tre Deparffnent's obligations under this
Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreernent until such time as the
event or condition resulting in such suspension has ceased or been conected.
a. lf the Department intends to terminate the Agreement, the Department shall notify the Recipient of such
termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to
the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. ln this event, the Parties shall
agree upon the termination conditions.
c. lf the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department's maximum financial assistance. lf any portion of the
Pro,iect is located on the Departments rQht-of-way, then all work in progress on the Department rightof-
way will become the property of the Department and will be tumed over promptly by the Recipient.
d. ln the event the Recipient fails to perform or honor the requirements and provisions of this Agreernent,
the Recipient shalt promptly refund in full to the Department within thirty (30) days of the termination of
the Agreement any funds that were determined by the Department to have been erpended in violation of
the Agreement.
e. The Departrnent reserves the right to unilaterally cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract
or obligate itsetf in any manner requiring the disbursement of Department funds, including consultant or
constructbn contracts or amendments thereto, with any thhd party with respect to the Prc{ect without the
written approval of the Department. Failure to obtain such approval shall be sfficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of such
consuftant or contractor. .
b. lt is understood and agreed by the parties to this Agreement that participation by the Departnent in a
project with the Recipient, where said project involves a consuhant ontract for engineering, architecture
or surveying services, is contingent on the Recipient's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act" th€ federal Brooks Act, 23 C.F.R.
172, and 23 U.S.C. 112. Al the discretion of the Department, the Recip'rent will involve the Department in
the consultiant selection process for all prqiects funded under this Agreemert. ln all cases, the Recipient
shall certify to the Department that selection has been accomplished in compliance with the Consultants'
Competitive Negotiation Act and the federal Brooks Act.
c. The Recipient shall comply with, and require its consuhants and contractors to comply with applicable
federal law pertaining to the use of Federzl-aid funds. The Recipient shall comply with the provisions in
the FHWA-1273 form as set forth in Exhibit "G", FHWA 1273 aftached to and incorporated in this
Agreement. The Recipient shall include FHWA-1273 in allcontracts with contractors performing work on
the Project.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:
It is the policy of the Department that DBEs, as defined in 49 C.F.R, Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Department funds under this Agreernent. The
DBE requirements of applicable federal and state laws and regulations apply to this Agreement.
srATE OF FLOFTDA OepeSrmU tr rRruCpOrrAirOtr
LOGAL AGENCY PROrGR/NU AGREETENT
'fR 13179. Exh:ba I
54501G4OPRGRil-UAMGEUENToGcpoc- i0/18PE!Cd15
The Recipientsd b oprErscttrs ryree to ersure that DBEIs have the opportunily !c prytbFae h h performance of this
Agreernerf. tn thb rqad, dl r.eoifrients and contractors shafl take all neoessary anO iemen+te st+s in mrdance wtth
app$cabb fe&rat fld stde la\n/s ard iegufdims to ensure that the DBEs hac ttp opport{.dt, to corryete for and
perfofin eoiltracts. Tle Reci6rient ard frs confactors and subcontractors shall n€* djserir#de sr Sre basis of mcq cobr,
natiqral orilin o sex irt the aemrd aod performanoe of contrarts, entercd Fursuant lo this Agrcenrcnt
12. Cort.qr$aflceufrtt Oord-ittons and Laws:
The Reotlier* stufl
Aereetud*ad
ConstituEq a
comply wih.
'Certificdion
Transac{furq'
13.Ferfio@lcsfira&alirms:
Pf.,OCeSS.
A person or affili& who h.as bmn plad on the convioted vendor fisf tgtrfl{ng a csrvietbn fo a publice@ ctfrme mey r,to{ submit a bid on a contract to prorritte any goods or seryiees to a publb effiy rnay
nEt subnit a bld qr a corrtmc* with a p.rblic erdy for the constnrdim or rryair of a pub& buffirg or
pttblh ttvsrk; may not sr.bmit bids on teases of real property to a puhlh entitf may nd be ararded or
perfofrn nrc{t( as a corrtractor, supplier, subcqntractor or consufrant under a cor*rmt }vtth any pubtb entity;
and n+ay $o{ trar}9aet business with any publie entity in enraess of the threshoH anilnt Brwided in
Seetisn 2W.O17, Florida Statdes, for CATEGORY TWO for a period of S months frorn the date of being
phced on the convisted rrendor list.
a. Eadt e#Effioft udl rmufi in one of three rdngs. A rding of t ns4iffiy ffirr,r rnears thel@tt faibd to denelop the Pruiect in accsr.dance with appfcdb tiserd asd @ rryuldions,
and pfre&res, required erGslsrive Dn*igt in@rremeilfrHerdg.lt, otteF4fectryas brcughtin-trqse by the Deeatnent A rating d Sdisfactory Perfurnanqe meanE the k:ipied devetopeO Bre
ryfq.t.accudance with appticabbf*ral qd, sEte legi$ons, stardards ad prooe&lesi wist
rnij$dd BitiEiel inrolrsnet*forcisfight. A rding of AUorrc S$+adbry Perlhrmar$o: rnearc tk'Recipientet,!ib€d. h. ruiaEi in aeoorUance with apdk*rtE f€deral and $4e r.HLsse stan&rd.i and
+td ttire Oepar,tmern did nc* have to s@eed the rnirtkmrst Arcrsi$* ard mcnilo'ring
feaFdremerts n gffisd lorthe proiect
b. :IIie Oi*rict utt @rmine nrtricfi funct-ioms can be fr.sther degdgd h Recipients thd ctr*iruq,rsly ean
Sdifacbry ard Aberrc Satisfactry erdudisns.
14. Restrictbns. Frohlblttons" Oontrols, and Labor Provisions:
During rhe pq--- iiEt'mg 6f tids Agrc€meffi, the Reeipieril agr:e6 6, bllows, ard 4ir€es to rHXuire ihs cor&,actors and
subconbactors to k}dljde in eactr sr*eofrffi the f.oilwv,ing-proyiglqn8:
a. TrE Recipiert wfll oonpty with ail tte reqtrirernents inposed by Tiue Vl d the Civil Rigffi Art of 1 964, Ur.r-eUe d tre U.S- @rtnreril d fransportation Esued eereJsder, aad &e as$rr$ce b,y tle@ar* Snsilrant thei€to. The Recipient stptl inclde the dlaetrd ffifibit'ce", TiSeVl As$rrances in
at oorti* ud*r urst$arls and contrartor.s performirg rrrrcrk ontre Frqled ttrd ers<re ccn@nce with
Ttle \ll of the Civil F6ghts Act of 19tr, 49 C.F-if- Part 21, ryd relded stdides anO regfAlons-'
b. Tte Reoip*er[Ynt qowrpp with all the requirernents as knposed by tre Amb the rquldbns of the Federal
gpverrnent issued ttrereunder, and res-urance by the Recipbnt pursuar{ there*o.
G
15.
STATE OF FLOR'DA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Exhibit I
525-{XO{O
PROGRAT' TANCGET'ENT
o@ooc-1cUiE
PegE lo ot 16
d. ln accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Managernent Services, may not submit a
bad on a contiact to provide gobds or services to a public entity; may not submit a bid on a contract with a
public entity for the construLtion or repair of a public building or public work; may not submit bids on
leases of real property to a publb entity; may not be awarded or perform work as a contactor, supplier,
subcontractor or consultant under a contraci with any public entity; and may not transac* business with
any public entity.
e. An entity or affiliate who has had its Certfficate of Qualification suspended, revoked, denied or have
further been determined by the Department to be a non-responsible contractor may not submit a bid or
perform work for the conitruAion or repair of a public building or public work on a contract with the
Recipient.
f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Projeit in which any member, officer or employee of the Recipient or the locality during
tenure ot for 2 yeais thereafter has any interest, direct or indirect. lf any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such
interest, and ii srjch interest is immediately disclosed to the Recipient, the Recipient, with prior approval of
the Departrnent, may waive the prohibition contained in this paragraph proviried that any such present
member, ofiicer or ernployee shail not participate in any action by the Recipient or the locahty relating to
such contract, subcontract or anangement. The Recipient shall insert in all contracts entered into in
connection with the Project or any property included or planned to be included in any Project, and shall
require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years
thereafter shall have any interbst, direct or indirect, in this contrac't or the proceeds thereof-"
The proMsions of this paragraph shall not be applicable to any agreenrent between the Recipient and its
fiscai depositories or to any agreement for utility services the rates for whir:tr are fixed or controlled by a
governmental agency.
g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
lndemnification and lnsurance:
a. lt is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of Lni part of this Agreement to create in the public or any member thereof, a third-party
beneficiary undei tiris Agreemen[ or to authorize anyone not a party to this Agreernent to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agre'emenl The
Recipient guarantees th6 piymLnt of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipienior any subcontractor, in connestion with this Agreement. Additionally, the
Recipienl agrees to include the following indemnification in allcontracts with contractors/subcontractors,
or consultants/subconsuftants who perform work in connection with this Agreernent:
'To the fullest extent permitted by law, the Recipient's contractor shall indemn'tfy and hold
harmless the Recipient, tne State of fblOa, Department of Transportation, and its ofFtcers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorne/s fees, to the extent caused by the negligence, rec-klessness or intentional wrongful
misconbuct of the contractor and persons employed or utilized by the confactor in the
performance of this Contract.'
This indemnification shall survive the termination of this Contract. Nothlng contained in this
paragraph b intended to nor shall it constitute a waiver of the State of Florida and the Recipient's
sovereign immunity."
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Exhitit 1
525{'t(}40
PROGRAM MANAGEMENT
O@rlCOC- 10118P8g. ll ol 15
r6.
b. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least
$200,000 per person and $300,000 each occurrence, and property damage insurance of at least
$200,000 each occunence, for the services to be rendered in accordance with this Agreement. The
Recipient shall also, or cause its contractor or consuttant to carry and keep in force Workers'
Compensation lnsurance as required by the State of Florida under the Workers' Compensation Law.
With respect to any general liability insurance policy required pursuant to this Agreement, all such policies
shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide
to the Deparfnent certificates showing the required coverage to be in effect with endorcefrents showing
the Department to be an additional insured prior to commencing any work under this Agreement. Policies
that include Setf lnsured Retention will not be accepted. The cerfficates and policies shall provide that in
the event of any material change in or cancellation of the policies reflecting the required coverage, thirty
days advance notice shall be gMen to the Department or as provided in accordance with Fkvida law.
Maintenance Obligations: ln the event the Project inctudes consffuction then the following provisions are
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Pro.iect not located on the State Highway System
constructed under this Agreement for its useful life. lf the Recipient constructs any improvement on
Department right-of-way, the Recipient
Elshall
f]shall not
maintain the improvements located on the Department right-of-way for their useful life. lf the Recipient is
required to maintain Project improvements located on the Departnent right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit 'D". This provision will survive termination of this
Agreement.
17. tlbcellaneousProvisions:
b. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non-compliance with these regulations, and will reimburse the Department for any
loss incuned in connection therewith. The Recipient will be responsible for securing any applicable
permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000,
a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
u.s.c. 1251438n.
c. The Departnent shall not be obligated or liable hereunder to any indivirJual or entity not a party to this
Agreement.
d. ln no event shatl the making by the Department of any payment to the Recipient constitute or be
construed as a waiver by the Department of any breach of covenant or any default which may then exist
on the part of the Recipient and the making of such payment by the Department, while any such breach
or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department
with respect to such breaeh or default.
e. tf 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 the terms and requirements of
applicable law.
f. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTANON
LOCAL AGENGY PROGRAM AGREEMENT
TR 13179 - Exhibit 1
525{'10-40
PROGRAX T'ANAGEMENT
O@,OOC-1(]/l8
PagP 12 of 15
S. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perf;rm any act or do any other thing in iontravention of any applicable state law. lf any of the
prwisions of ine Agreement violate any applicable state law, the Recipient will at once notifo the
bepartment in writing in order that appropriate changes and modifications may be made by the
Department ard the iecipient to the end tnat ttre Recipient may proceed as soon as possible with the
Project.
h. ln lhe event that this Agreement involves constructing and equipping of facilities, the Recipient shall
subm'rt to the Deparbneni for approval all appropriate ptans and specifications covering the Proiecl. The
Department will ieview all plans'and specif'aations and will issue to the Recipient a written approvalwith
any approved portions of t'he Project and comments or recommendations covering any rernainder of the
erojeit deemed appropriate. After resolution of these comments and recommendations to the
Departmenfs saUaAUn, the Deparfnent will issue to the Recipient a written approval with said
remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonPayment
by the Department.
i. Upon completion of r[ht-of-way activities on the Pro:iect, the Recipient must certify compliance with all
applicable federal aid state- requirements. Certification is required prigr t9- authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is
required.
j. The Recipient will certifo in writing, prior to Project closeout that the Project was completed in accordance
with appiicabte plans and specifications, is in place on the Recipient's facility, adequate tiHe is in the
Recipient's name, and the Pioject is accepted by the Recipient as suitable for the intended purpose'
k The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf
of the necipientl to any person for inhuencing or attempting to influence any ofhcer or employee of any
federal agency, a Mem-ber of Congress, an officer or employee of Congress or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement 3nd the erdension,
continiation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. lf any funds other than federally-appropriated funds have been paid by the Recipient to any
p6r"on for influenting or attempting to influence an ofiicer or employee of any fedgral agencJ, a Mernber
of Congress, an officEr or emptbyee of Congress or an employee of a Member of Congress in connection
with thG Agreement, the undersigned shall iomplete and submit Standard Form-l-LL, "Dbclosure Form to
Report LoSbying," in accordanc! with its instructions. The Recip'rent shall require that the language of
nis paragradh be included in the award documents for all subar,rrards at all tiers (including subcontracts,
subgranti, and contracts under grants, bans, and cooperative agreenrents) and that all subrecipients
snaii certify and disclose accordirigly. No funds received pursuant to this contract may be expended for
lobbying the Legislature, the judicial branch or a state agency.
l. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and
lnspection services on the Project.
m. The Recipient shall comply with all applicable federal guidelines, procedures, and reg-ulations. lf at any
time a r&iew conduc,ted
-by Department and or FHWA reveals that the applicable federal guidelines,
procedures, and regulations-were not followed by the Recipient and FHWA requires reimbursernent of the
iunds, the Recipien-t will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
n. The Recipient shall:
i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Recipient during the term of the contract; and
ii. e>pressly require any contractor and subcontractors performing wo{ or providing services
pursuani to the statetontract to likewise utilize the U.S. Department of Homeland Security's E-
STATE OF FLORIOA DEPARTMEM OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Et'Ubft 1
52$1040
PROGRAIT MANAG€MENTo@,ooc-1ff18
Psgo 13 of 15
18.
Verify system to venfy the employment eligibility of all new employees hired by the subcontractor
during the conhct term.
o. This Agree+nent may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute the same Agreement. A facsimile or eledronic transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party-
p. The Parties agree to comply with s.20-055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
q. lf the Project is procured pursuant to Chapter 255 for construstion services and at the time of the
competitivb solicitation for the Project 50 percent or more of the cost of the Project is to be paid from
state.appropriated funds, then the Recipient must comply with the requirements of Section 255.0991,
Florida Statutes.
Exhibits:
a. Exhibits "A", "B', "C", "D", "E" and "F" ate attached to and incorporated into thb Agreement.
b. X tt ttris Project includes Phase 58 (construction) activities, then Exhibit 'G', FHWA FORM 1273, is
attached and incorporated into this Agreement.
c. D Altemative Advance Payment Financial Provisions are used on this Project. lf an.Altemative Pay
Method is used on this Proj-ect, then Exhibit "H", Altemative Advance Payment Financial Provisions, is
attached and incorporated into this Agreement.
d. n State Funds are used on this Project. lf State Funds are used on this Project, then Exhibit "1", State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement
e. fl fnis Project utilizes Advance Project Reimbursement. lf this Projec-t tttilizes Advance Project
Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into
this Agreement.
f. E mis Pro,iect is located off the State Highway System and includes funding for landscaping. lf this
Project is loiated off the State Highway System and includes funding for landscaping, then Exhibit "Lo,
Landscape Maintenance, is attached and incorporated into this Agreernent
S. fJ This Project includes funding for a roadway lighting system. lf the Project includes funding for roadway- lighting system, Efiibit "M', Roadway Lighting Maintenance is attached and incorporated into this
Agreement.
h. EI fnis Prc{ect includes funding for traffic signals and/or traffic signal systems. ff this. Project includes
funding for iraffic signals andlor traffic signals systems, Exhibit "N", Tra#hc Signal Maintenance is
attached and incorporated into this Agreement,
i. f, A portion or all of the Project will utilize Department right's-of-way and, therefore, Exhibit'O", Terms
and Conditions of Gonstruction in Department Right-of-Way, is attached and incorporated into this
Agreement.
i. f] fne following Exiribit(s) are attached and incorporated into this Agreement
-k. Exhibit and Attachment List
E$ibit A: Project Description and Responsibilities
Exhibit B: Schedule of FinancialAssistance
Exhibit C: Title Vl Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal FinancialAssistance (Single Audit Act)
Exhibit F: Contract Payment Requirements
SIATE oF FLORoA DEP RTUENT OF IR NSPORIAIIOI'I
LOCAL AGENCY PROGRATUI AGREEi,IENT
TR {3179 - Exhibn'l
62&01GaO
PROGRAT UAI{AG€TENToGclSoc-l0ll8P.!tildtll
'Exhibit G: FHWA Form 1Tl3
'Exhibit H: Altematirre Advance Paynrent Financial Provisions
'Exhbit l: State Funds Addendum
1 Exhibit J: State FinancialAssbtance (Florida Single Audit Act)* Efiibit K: Advance Proiec't Reimbursement* Exhibit L: Landscape Maintenance
'Exhibit M: Roadnray Lighting Maintenance* Exhibit N: Traffic Signal Maintenance
' Efiibit O: Terms and Conditions of Construction in Deparfnent Right-of-Way
' Additional Exhibit(s):
r lndicates that the Exhibit is onlv attached and incomorated if applicable trox is selected.
Tf,rlr7*.Eddff_,
a{ w$f!ffis
sf,TIgQF*M ffi6.OF !*fl GF9!(IFEILgtrr- rcErsv pffiRlfl rcisBfr rl!+tl{Hns rffiFlrc[prpiir!t l3irl.
s[ffi{HtrSilHtwffit*E|,s
mnmrtrffir tr ffiHssFoRTArroill
grreffi:r*
tsgdRanbr
Er
e-*.r1 r+a.ctror
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Exhibit 1
525010-{0
PROORAiT MANAG€I'IENTocc - t0/18
P.!B r c, I
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBIUTIES
FPN:425417-2-5841
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Deparfnent of
Transportation and
Citv of Tamarac Reeinient\
PROJECT LOCATION:
D fne project is on the National Highway System.
E me project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: 0.727 Miles.
PROJECT DESCRIPTTON: Construction of two (2) LED Pedestrian Crossings on Pine lsland Road: one (1) at NW $7ur
Street and one (1) tl\, 67r' Court. The project includes special emphasis pedestrian crosswalks enhanced with ground-
mounted rectanguiar rapid flashing beacons (RRFBs) at NW 67h Court and ground mounted plus overhead RRFBs at Mru
5t'Street. Atso, includes the construction of pedestrian refuge area in the Pine lsland Road median.
SPECIAL CONSIDERATIONS BY RECIPIENT:
The Agency is required to provide a copy of the design plans for the Departnenfs review and approval to coordinate
permitting ivitfr tne Department, anO n&ify the Department prior to c,ommencement of any right-of-way activities.
The Agency shatl cornmence the project's adivities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by N/4.
b) Design to be completed by f\YA.
c) Right-of-Way requirernents identified and provided to the Departnent by N/4.
d) RQht-of-Wayto be certified by N/4.
e) Construction contract to be let by OS|OU2O19.
f) Construction to be completed by 0613012021.
lf this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the pro.iect is
subject to the witMrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The City of Tamarac to submit Bid Document, LAP Checklist for Construction Contracts, Clear Memos for Railroad,
Utilities and Environmental Permits, Signed and Sealed Production Plans, Specifications and Cost Estimate for approval
and/or execution by the Department prior to Department's execution of LAP Agreement.
TR 13179 - Exhibit 1
STATE OF FLORIDA DEPARTMENT OF TRAIISPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.01(MOBPROGRAM MANGEMENTocc- 10/18
P806 I of 1
EXHIBIT "8"
SCHEDULE OF FINANCIAL ASSTSTANCE
RECIPIENT NAME & BILLING ADDRESS:
City of Tamarac - PublicWorks Department
601'1 Nob Hill Road, 2nd Floor
Tamarac, FL 33321
FINANCIAL PROJECT NUMBER: 425417 -2-5841
COSTANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line itern budget category has been evaluated and determined to be allorable, reasonable, snd necessary as required bySection 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.
Distrlcl Grart Manager Name
PHASE OF WORK By Fiscal Year
MAXIMUM PARTICIPATION
(1)
TOTAL
PROJECT FTJNDS
(2)
I OCAL FI'NDS
(3)
STATE FUNDS
(,0
FEDERAL FUNDS
Deslgn- Phase 38
=Y: (lnsed Proorarn Nama):Y: {lnsert Prooram Name);Y: (lnsert Prooram Name)
$
$
s
$
$
s
$
$
s
$
$
$
Total Deshn Cost $ 0.o0 $ 0.00 $ 0.00 $ 0.00
Phase 48
(lrsert Prooran Name)
(lrsert Prooram Nane)
$
$
S
$
$
$
$
$
$
$
s
$
Cost s 0.o0 s 0-oo s 0.00 $ 0.@
Sonstruction- Phase 58n: 201&2019 0nsertProoram l,hm€)=Y: (lrsert Prooram Nanre)Y: (lnsert Proqram Name)
$ 413.768.00
$_
$
$ 141.160.00
$_
$
$
$
$
$ 272.608.00
$_
$
Total s 413 768 00 $'t41.'t60.00 $ ooo 3 272.608-OO
]onstruction Engineerlng and lnspecflon (CED- phase 68rY: (lrseft Proqrarn Narne)Y: (lrsed Prooran Nane)Y: (lneert lroqram f.lame)
$
$
s
$
$
3
$
$
s
$
$
$
Total CEI Cost $ 0.o0 $ 0.00 $ 0.00 s 0.00
(lnsert Prosran Name)
(lrsert Prooran Name)
$
$
$
$
$
$
$
$
$
$
$
s
Total s 0.o0 $ 0.oo s o.o0 $ 0.00
TOTAL COST OF THE PROJECT $ 413.768.00 $ 141.160.00 $ 0.00 s 272.508.00
Signature Date
SIATE OF FLORIOA o€PARTUENT OF TRAI'sPORTATION
LOCAL AGENCY PROGRAIU AGREEMENT
TR 13179 - Exhibit 1
52501O{OC
ROGRAX UAT{AG€TGiITocc- 1o/t8
FlE06 I of 2
Exhibit "G"
TITLE VI ASSURANCES
During the pericrmanoe of this conhact, the consultant or contractor, br itself, ib assignees and successors in
interest (hereinafter collect'vely reErred to as the "contraclof') agrees as follows:
(1.) Compliance urfth REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, 'USDOT') Tttle 49, Code of Federal Regutafions, Part 21, as they may be
amended from time to time, (hereinafter refened to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.1 Nondiscrimlnatlon: The Contractor, with regard to the work performed by it during tre contact, shall
not discriminate on the basis of race, color, nationat origin, or sex in the selection and retention of sub-'
contractors, including pr@uremenb of materials and leases of equipment. The confador shall not
participate either directly or indirectly in the discrimination prohibtted by Secfon 2l.5 of the
REGIILATIONS, including employment practices when the contract covers a program set forth in
Appendix B of he REGULAfTOTVS.
(3.) Solicitatons for Sub-contractors, includlng Procurements of Mabriats and EquipmeilE ln all
solicitations either by competitive bidding or negotiation made by he conbactor fur work to be
perfrcrmed under sub-contract, including procurements of materiab or leases of equipmen( each
potential sub.contractor or supplier shall be notifred by the contractor of the contractofs obligations
under ttris contact and the REGULATIONS relative tc nordiscrimination on the basis of race, color,
national origin, or sex.
(4.) tnformation and Reports: The contractor shall provide all information and reports required by
the REGULAfTOilS 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 the
Ftoida Depaftment of Transpoftation or lhe Federal Highway Administration, Federal Tnnsit
Administntion, Federat Aviation Administration, and Federal Motor Canier Safety Administration
to be pertinent to ascertain compliance with such REGIILATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the conhactor shall so oertify to lhe Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federat Aviation Administration, or Federa! Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information-
(5.) Sanctions for Noncompliance: ln th€ event of the contracto/s noncornpliance with the
nondiscrimination provisions of this contract the Florida Deparfnent of Transportation shall impose
suctr contract sanctions as it or the Federal Highway Administration, Federal Transit Administation,
Federal Aviation Administration, or
STATE OF FLORIOA DEPARTi'EM OF TRANSPORTANON
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Exhibit 1
5250104{lC
ROGRAM TTANAGETTENT
o@-1U18fu'e2dl2
Federal Motor Canier Sabty Administation may determine to be appropriate, including, but not
limited to:
withholding of paymenb to the contractor uMer the contract until the contractor
complies, and/or
cancellation, termination or suspension of the contract in whole or in part
(6.) lncorporation of Provisions: The contractor shatl include the provisions of paragraphs (1) through (7)
in every sub-contract, including procurernents of materials and leases of equiprnent unless exempt by
the REGUTAIIOIS, or directires issued pursuant thereto. The contador shall take such action with
respect to any suucontrast or procurement as the F/onda Depaftnent of Transportation or the Fedenl
Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Fedenl
Motor Canier Safety Administration may direct as a means of enforcing sucfi provisions including
sanctions for noncompliance, provided, howeler, that in the event a contractor becomes involved in,
or is thrcatened with, litigation with a sub-contractor or supplier as a result of such direction, the
contraclor may request the Floida Depaftnent of Tnnsportation lo enter into sucfr litigation to protect
the interests ol the Floida Departnent of Tnnspoftation, ard, in addition, the contactor may request
the United States to enter into such litigation to protect the interests of the United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Tifle M of the Civil RightsAet of 19&t
(42 U-S.C. S 2000d et seq., 78 stat. 252), (prohibits disqimination on the basis of rac€, color, national
origin); and 49 CFR Part2l; The Uniform Relocation Assistane and Real Property Acquisition Policies
Aci of 1970, (42 U.S.C. S 4601), (prohibib unfair treafnent of persons displaoed or whose property has
been acquired because of Federal or Federal-aid programs and projecb); Federal-Aid Highway Act of
1973, (23 U.S.C. S 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amend€d, (prohibits discrimination on the basis
of disability); and 49 CFR Parl?7; The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101
et seq.), (prohibits disoimination on the basis of age): Airport and Airway lmprovementAd of 1982, (49
USC S 471, Sec'tion 47123), as amended, (prohibits discrimination based on race, creed, color, national
origin, orsex); The Civil Righb Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverlge
and applicability of Tite Vl of the Civil Righb Act of 1964. The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by e4canding the definition of the tBrms "progmrns or
activities' to include all of the programs or activities of the FederaFaid recipients, sub-recipienb and
contrastors, whether such programs or actiMties are Federally funded or not); Trtles ll and lll of the
Americans with Disabilities Act, which prohibit discrimination on the basas of disability in the operation
of public entities, public and private tansportation systems, places of public accommodation, and
certain testing entities (42 U.S.C. S$ 1 21 31 - 12189) as implemented by Departrnent of Transportation
regulafions at 49 C.F.R. parts 37 and 38; The Federal Aviation Administatbn's Nondiscrimination
statute (49 U.S.C. S 47123) (prohibits discrimination on the basis of race, color, national origin, and
sex); Executive Order 12898, Federal Actions to Address Environrnental Justice in Minority Populations
and Low-lncome Populations, which ensures nondiscrimination against minority populations by
discouraging progrElms, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations; Executfue Order 13166, lmprovir€
Access to Services for Persons with Limited English Profciency, and resutting agency guidance,
national origin discrimination includes discrimination because of limited Engl-sh proficiency (LEP). To
ensure complianoe with Tifle Vl, you must take reasonable steps to ensure tiat LEP persorE have
meaningtul access to your programs (70 Fed. Reg. at 74087 1o 7410O); Tite lX of fie Education
Amendments of 1972, as amended, whictr prohibits you from discriminating because of sex in educdion
programs or activities (20 U.S.C. 1681 et seq).
a.
b.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGR,AM AGREEMENT
EXHIBIT "D"
RECIPIENT RESOLUTION
TR 13179 - Exhibit 1
525010-100
PROGRAM IIANIGEMENT
oGc - l0rt8
Psg. I o, ,
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
TATE OF F1OEIr}A OEPARTUENT OF TRATIISPOFfATDN
LOCAL AGE.NCY PROGRAM AGREETIENT
TR 13179- Exhhit I
525{.tO40E
PROGRAT' MANACETTEN'
r,u16Paglldl
EXHIBIT "E"
FEDERAL FINAI{C|AL ASSTSTA,NCE (S|NGLE AUDtr ACT}
FEDERAL RESI'RCES AII'ARDE PURSUANT To THTS AGREEMENT ARE AS FOLLOWS:
CFDA trh,: AO.Z0E
CFDA Tltb: Hfitwvsy Phning and Construc:tbn
Feder4l+id Highway Progr-arn, Federal Lards Highway Progrram
CFDA hognam Si!a: mc*rrr.cfa"qo;amra*rnoune ffiE--AuarelgAgPc|$ Fhrida Deprtnent d Transporlation
Aryatd iibriSf I$olndiredCoclRabr t{A
FEtrEB4L REFF,4flCEF AUIIARQED F$R.8UANT,,IO T,,HIS AGREE.IIENT ARE SUB.|E, CT Tg T}IE FOIJOWNG:
3 CFR Pad e@ * Unlfor-n nOminlstatiu,e Requirements, Cost Prinoiples & Audit @uirernents br Herd lrnards
httoil&ar*reqf.n
Title 23 -,Uniled $aEs Code
Title 49 - Transp , on, L;hligd $tates Codehtto:#uscod*,,orseaouhrwysefu rErn@ .tb4gF.edltion=orelim
MaP.21 - ltul4rryAtEd fu PlpgtEs h fie 2-1!r century, Public Law 112-141
htbt/Aqvruqq,p"igu@FlrsrahlPlil'F,*!12ruH141turyprl4$r-112outd141.qdf
Fexjqal Higlffiy Adrmnistration - Flo{tida Divis'rcn
htp-rArt1ffi. rE-SLFrfr&
FedffiI Fmdirg Aocotrntabilfty and Transparency Act (FFATA) Sub-award RepoftinS Sptern (FSRS)
htbs:Irunmr,ftrS,myl
SXATE OF FLSIE}A DEP'\RTU€HT OF TRArySPORTAION
LOCAL AGENCY PROGRAM AGREEJUENT
EXHIBTT*F'
TR 13f79- E$ib,I 1e6{r10{0F
PRO@ATTMTNIGETIE''iT101aPagPrdl
CONTRACT PAYMENT REQUI REUENft)
Florida Department of Financial Seruices, ReErence Guide forr Ste Expend,ttures
Cosf Rernbw"sen ent Gontracts
lnvoioes for eq$ reimbursernerrt contractF mtrst be silppqr,t€d by an iternized lis{ing of expndifines by
categCIry Falqry, trave{ expenses, etc"}. Supporting do'aimentation shall be subrnitted tur €efi amorrrtfor
which relmhir,s€fnflt b being @imed irdicating that tl}e'lter.i.r.- has beqn pq!U. Dsqurfl€f:t*ist for each
ameunt hr whidr r€ffiurBcnlert is being cldrted rnust indicate thd S,t it€rn flas beffi pal*. Ctre*
numterc-thrybeprovlded h lbu of copies of actud checks. Each piece of donrmentdonshordd cbaty
re#ct fu S of sent{ce. Onty erpenditunes for eategories in the appOred agreemerfr hfdgEt ftay be
reimbursd- These eperditures must be allowable (pursuant to law) and dire@ r#ed to the services
beirp proviH.
Llstsl'bdirril are typps and emnf,es of supporting documentatbn br cost reimh"nsenrqrt aneements:
for
(2) Fnnge Eenefils: Fnnge Benefits shqld be supported by irwoices showing the a,nouril Ba&t rt
betiarf ofhernpt yee(e.g., insurancepremiumspaid). lfthecor*actspecifuaflystahstrd,fiirlge
benefits wifl be b€sed on a specified perertage rather than flrc adual cct of frirEp berrefrs, then
the ca&edation for tre fringe benefib amou,nt rnud be shounr.
Excqtct: Goverrrnental entfties are not reqtrired to provide check nurnbers or copies d ctecks
forfringe befldhs.
(3) T,rae[ Reirnbursement for travel must be in accsdance wtrr Section 112-ff31, FterftJa
SltfuteS, whbh irrctudas,subrnission of the cTaim on the approred Stde UErd \Euciler or ebdrcnic
TNT:€IIF.
(4) Oth€r di@ costsr Reimh.rsenrent will be made based on pa*J i:nvoiceslrecdpts. tf
pqopi?,r{y: is purchased using State funds, the aontr,ar{ sfiould inohdEa pqvitbn
fu.r frre &anif*:r ottfre pppgr'ly to flte Sate,w n serrrices are lerminded. POcurnen*Xipn mr.Et be
p@vfrbd io stlq# mrnffio6 with Depar,Iment of Man4ernent Services R# 60A-'1"017" Florida
Adminbhative Code, regnrding the requirements for contracts srhich inch.rde seruices ard thd
pr,ovi# for the cotrador to puohase tangible personal property as defined in Sedion 273.V2,
FbrHa Stafirt€s, for suhequent transfer to the $ate.
(5) ln+ouse cfiarges:Charges u,h'tch rnay be of an intemal nature (a9., po@e. copies, etc.) may
be reimburc€d on a usage bg wtrich shoaas the units times the rde beirg ctarged. The rates must
be reasonabb.
(6) lfldEed costs;lf the contract spectfbs that indird costs wiU be paid based on a specfried rate,
ttrcn trre ealculatisr shouH be shorn.
Confaetrs betueen state aEencies, and or contracts between u'niversities may s:bmit altemative
doqgnentelion ts eubstantiate the reimbursement reguest that may be in the form of FlSlR reports
or cther ddailed reports.
The Florida Depar{ment of Financial Services, online Reference Guide for State Expenditures can be found
at this vveb add ress hb//wyrmr.mvflorHacfo.com/ad irlrEference ouide/.
SI IE OF FLC'RDA D€PARIUENTOF TRAIWIA"TES,I
LOCAL AGEilCY PROGRAII AGREEMEilIT
T'R 13179 - Ehtrt I6!sot0{GFRGFAXT&T;{EffI|T
€6C-ronsf.grn ofr
EXHIBIT "G"
FHIIYA FORM {273
FEDEHAL RESOURCES AWARDED PURSUAT{T TO THIS AGREEMENT ARE A8 FOLLfiIIS:
r&GAL REQIIIBES&I{TS ANL RESFONSTBTLTTY TO fiIE PUBLTC -COMPLIAT.T]CE WITH FEWA 1273.
TtIeFIIWA-lV,l3 rie6i0rr ddsd May 1, 2012 is app€udrd in ib gntirery to ttli$ffiibit FIIWA-
l2?3 qydm be ref@onttrc s rcbsito d$€following URL ddress:
$ub*eipiots ef federql grants arlgar& for Fedqal-Aid tlighway sonsroction $rall take
lasBoryfuililty e obUin this infsrmation and comply *i*r att pro-visims eomained iu F[{WA-
1273.
TR 13179 - Efiibit I
FHWA-1273 - Revi66d May 1,20'12
REqU RED CONTRACT PROVISIOilS
FEDERAL-AID COI.ISTRUGTION CONTRACTS
l. Generalll. Nondiscriminationlll. NonsegregatedFacilitieslV. Davis€acon and Related Act ProvisionsV. Contractwork HouE and SaEty Standards Act
ProvisionsVl. Subletting or Assignirg the ContractVll. Safety: iA666*, PreventionVlll. False Stdernents Conceming Highway ProjectslX. lmplemerrtaUon of Clean Air Act ard Federal Water
Pollution Control ActX. Compliance wilh Govemmentwide Suspension and
Debarment RequirementsXl. Ceftification Regarding Use ofContract Funds for
Lobbyrng
ATTACHMENTS
A. Emdoyment and Materials Preference for Appalachian
Development Highway System orAppalachian Local Access
Road Contracts (induded in Appalachian contracts only)
I. GETIERAL
',l. Form FFIWA-1273 must be physically incorporated in eacfi
construction cofitrad funded under Tltle 23 (exAuAing
emergency conbacts solety intended for debrb remoyal). The
confador (or subconfactoo must insert this form in eactr
subcontrac't and ftJlttler requiG its inclusion in all lor,ler tier
subcontracis (e)cludi(€ purcfi ase orders, rBntal agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference forwort done under any purchase
order, rcntal agreement or agreemerd for other services. The
prime cortractor shaX be responsible for comdiance by any
subconbaclol loarer-ter stbcontraclor or service provider.
Form FHWA-1273 mrEt be induded in atl Federal-aid design-
build contracts, in all subcontrads and in lowertier
subcoflkac:ts (excluding subcortrads for design services,
purchase orders, rental agreements and cther agreements for
supplies or seMces). The desigrrbuilder shall be responsible
for cornpliance by any subcontrador, lo\,\er-tier subcontractor
or service provider,
Contracting agencies may reference Form FFMA-1273 in bid
proposal or regu€st for proposal docunenB, hou/ever, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all conbacts, subcontrac{s and lo\rver-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subled to the applicabltity criteria noted in the following
sections, these conbact provlsions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contracto/s
immediate supedntendence and to all ulork performed on the
contrad by piecer,rork, station $/ork, or by srrbcontract.
3. A breacfr of any oftre stipuhtions contained in these
Required Contract Provisioris may be sLffcient grounds for
withholding of pro$ess paymerlE, withltolding of fnal
payment, termination of tlle contract, suspension / debarmefit
or any otheradion detemined to be appropriate by the
contracting agency and Fl-fWA
4. Selection of Labor Durfuq fe performance of this confac(
the contrac*or shall not use convic-t labor for any PUrPose
within the limib of a construction project on a Federal-aid
highway unless it is labor perfoimed by convic*s wtto are on
parole, supervised release, or probation. TIle term Federal-aid
highway does not include roadutays functionally c.lassifed 6
local roads or rural mlnor @llectors.
il. NONrlSCRltlllATloil
The provisions of his section rdated to 23 CFR Part 230 are
applicable to all Federal-aid corEtudion clntacts and to all
related construction subcontacb of $1 0,000 or more. The
provisions of 23 CFR Part 230 are not applicable to materlal
supply, engineering, or architedural service cortrads.
ln addition. the conhactor and all subcorfiactors must comply
with the following pofides: Exefltive Order 11246,41 CFR 60,
29 CFR 162S1627, TiUe 23 USC Se€Son '140, the
Rehabilitation Act of 1973, as amendd (29 USC 794), Ti[e Vl
of fte civil R'rghts Ad of 19O+, as atnended, and related
regulations including 49 CFR Parb 21,28 and 27; and 23 CFR
Parts 200,230, and 63i1.
The contractor and all subcordractors must comply with: the
requirenents of the Equat Opportunity Clause in 41 CFR 6G'
1.4(b) and, for all construc{on contracb e><c€eding $'10,000,
the Standard Federal Equal Employment Opportmlty
Constuclion contracl Specificatiors in 41 CFR 60-+.3.
Note: The U.S. Departnent of Labor has o(dusi\re authority to
determlne compllane with Executive Order 11246 and the
policies of the Secretary of Labor lnctuding 41 CFR 60, and 29
CFR 1625-1627- The contrac'tirg agency and the FI'WA have
the authority and the responsibility to ensurc complhnce with
Tltle 23 USC Section 140, the Rehatrilitation Ac{ of 1973, as
amended (29 USC 794), and TiUe Vl of the Civil R,ghB Act of
'1964, as amended, and related regulations induding 49 CFR
Parts 21, 26 and27i ard 23 CFR Parb 200,230, and 633.
The following provision is adopted from 23 CFR 230, App€ndix
A, with appropriate revisions to corfrm to the U.S.
Departmert of Labor (US DOL) and FFfWA requirements.
1. Equal Em ployment Opportunl$: Equal em doymer{
opportunity (EEO) requiremenb not to discriminate and to take
afffrmative action to assure equal opportunity as set forth
under la\rvs, executve orderc, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-'1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as lrEdifed by the
provisions prescriH herein, and imposed pursuant to 23
U.S.C. 140 shall constilute the EEO and specific afrrmatite
action standards for the cortractor's proied aciivities under
th'rs contract. The provisions of the Americans with DisabilitiesAd of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by rebrence in this
contracl. ln the exeoltiofi of this contract, the contrador
agrees to ccnply with the following minimum specific
requirement ac{ivities of EEO:
a. The contractor will work Wth the contracting agency and
the Federal Government to ensure that it has made everygood faith effort to provide equat opportunity with respect to all
of its terms and conditions of employment and in their review
of adlvlues under the contract.
b. The contractor will acept as its operating poticy thefoIoMng statement
'lt is the policy of trb Company to assure that appticants
are employed, and that ernployees are treated during
empbyment, without regard to theh race, religion, sex, color,
naUonal origin, age or disability. Such action shall include:
employmenl, upgrading, demotion, or transfeq recruitment or
recruitment advertising; layoff or termination; rates of pay or
otherfonns of compensation; and selection for training,includirg apprenticeship, pre-apprenticeship, and/or on-the-job training.'
2. EEO Omcfi The contador W[ designate and make
kno\,wr to the contracling ofncers an EEO Officer wtro will have
the responshillty for and mttst be capable of efrdively
administering and promothg an ac*ive EEO program and who
must be assigned adequate authority and responsibitity to do
so.
3. D{ssemlnadon ol Pollcy: All rnembers of the contractofs
staff who are authorized to hire, supervise, promote, and
discharge ernplo)€es, or who recornmend such action, or wtro
are substantially lnvoh€d in such action, wlll be made fuly
cognkant of, and will implement, the contractots EEO potiry
and contractual respoftsibilitbs to provide EEO in each grade
and classiflcation of employment To ensure that the above
agreernent will be met, lhe foUowing actions will be taken as a
minimun:
a. Periodic meetngs of supervisory and personnel ofrce
employees will be conducted before the staft ofwort and then
not less oten than once every slx rnonths, at which tirne lhe
contrado/s EEO poliry and its implenrentation will be
revieuecl and explained. The rneetings will be conducted by
the ES fficer.
b. All new supervisory or personnel offce employees will begiven a thorough indoctrination by the EEO Offce1 cowilng
all major aspects of the contractofs EEO oHigations within
thirty days following their reporting for duty with the contractor.
c. All personnd wfio are engaged h direct recruitrnent for
the project will be instructed by the EEO Officer in the
contradoCs procedures tor locating and hirir€ nsnorities and
women.
d. Notices and posters se{ting brth the contractoCs EEO
pofiry u4ll be placed in areas readily accessibte to employees,
applicants for ernployment and potential ernployees.
e. The contractols EEO policy and the procedures to
implernent sucfi policy will be bmught to the attention of
employees by mears ofmeetings, employee handbooks, or
olher appropriate means.
TR ,3179- Exhibit I
4. Rscruitnent When advertising for employees, the
contractor will inclLde in dl advertisemerG for ernployees the
notation:'An Equal Opportunity Emplo),er.' All such
advertisernents will be placed in publications having a large
circulation among minorities ard rtromen in the area from
which the projed r /ork force uodd normaly be deriv€d.
a. The cofltactorwill, unless preduded by a valid
bargaining agreement, conduct systernatic and dired
recruitnent thro€h public and private employee reerral
souroes likely to yield quaFfied minorities and vvomen. To
meet this requirement, the contractor udll idenfry sources of
potential minority group enployees, and establbh with such
identmed sources procedures whereby mlnodty tld u,omen
applicanb may be refefied to the contractor br ernploymert
consideration.
b. In the event the contractor has a v"aLd bargainirE
agreement providing for o<dusive hiring ha[ referrals, the
contractor is expected to observe the proMsions ofthat
agreement to the effent that the system meets the contractofs
compliance with EEO contsad provisions. Whe,e
implementation of such an agreernent tlas ttE efrd of
discriminating against mlnorities orworrleo, or obligates the
contractor to do the same, such implementation violates
Federal nondiscriminaUon provisiom.
c. The contractorwill encourage its present employEes to
reftr minoriues and women as apdlcanB for ernployrnent.
lnformaffon and procedures with regard to refening such
applicants will be dlscussed with employees.
5. Personnel Actlons: Wages, yvorkhg condiUons, and
employee benefits shall be established and adn$nistered, and
personnel ac{ions of every type, indding hlrirE, W$ading,
promotion, transEr, demotion, layoff, and lermination, shall be
taken without regad to race, color, religion, saq natlonal
origin, age or disability. The fo[owing procedures shall be
follo\,ved:
a. The contraclor will conduct periodic inspectiorE of projed
sites to insure that working conditions and ernployee fiacllities
do not indicate <liscriminatory beatnent of proiec{ site
personnel.
b. The conbacior will periodlcally evaluatB the spread of
wages paid within each classification to determine arry
evidence of discriminatory wagp pradioes.
c. The contractor will periodically revia? sdected peronnel
actions in depth to detemine u,h€Srcr there is evidence of
d'rscdmination. \Mere evidence is found, ths contractor u/ill
promptly take corective action. lf the review indicates that the
discrimination may extend beyond the actions reviewed, such
conective action shall lndude all afiected penions.
d. The contractorwill prompuy investtlate all complainb of
alleged d-soimination made to the contra€tor in cornection
with its obligations underthis conbact will aternpt to rBolve
such cornplainb, and willtake appropriste corEdive adiofl
within a reasonable tme. lf tha irwestigaton indicaEs that the
dlscrimination may affect persons ofler than the complainar(
such conectlve action shall indude sLrch other persons. Upon
completion of each investigation, the cont'actor will infurm
every complainant of all oftheir avenues of appeal.
6. Trainlng and Promotlon:
a. The contraclorwill assist in locating, quafirying, and
increasing the skllls of minorities and u,omen who are
2
appucafits fur ffiphfinelt or (rfieat erplo),Ee$ sucfi €fforb
shoid be ain€d etdendopftE ful jorrney ]evel stahrs
erplo.yees in &etfire€f He orpb dassifcation in\rdved.
b.
and stdb
fior the
eveld a
oonlr€ct,
in the
specid {esffr@essistanoe ar.rd
$'th u-s-c
c. Tfe-ctidracffi ulin AUse ecprys afd applicaflts forenpkrWqt of Aendbtrdn,ing pftxft:trts.and entrance
reqtireirierB furedr.
d. The
prorflctrqn
€rydryesto qpplyfior
srrh d:
€sto the referral
Srd to.tfie
9d for$,wtrat efiorts harre
with: tlE rcgl|irBrnerlts tu arit co,TPry1^i&the 4.fi€ti€aG$th
Disabflft'€s d and all r,ules ard r€g!&tons es:bl€+Fd EEre
under. Enployersrrust poyEo neaimable amnrme!*6oo in
af endopieri acrivflmes'urdess to do so r*dd catse an
undtetpGttip.
TR 13179 - Exhibit 1
ofll€tEriat8
stsps b ermle
dthb ontract.
b. The contractor \,l,il.$s€ffir etrsrls to mstre
UEbEEOobfigEtdb.
10. AssEBIc€ Bequtcd ry ag CFR26.13(b):
a. TIe requirernents d49 CFR Pad 6 ardseSt4e
Dofs U.S. DOT-apprrcd DBEpmglE atqfrtcolpa@d by
reference.
b. The cor{rador or subcorffitor std rd dBcrfiffi on
the ba.$s. of r.rrq odor, na$onal otidn sr, sct ln the
perfu-nnance ofthis coflfacL ltle.,oo[@dtr 8tt€[.l,cany o|tr
apfleaue reeuirements of ,49 cFR Fat 2a h fie 4rrEld ahd
adnkiisfiafqr d DOT-assM co(ir.aob, Fa$,re by fie
confadorto c{ry odthese EGn igrE{# b a n!*rt[ breadr
of lhb c.Bltract rr/tri$ may r€slil hSE tsr+rdnaion of Sis
confad orqdr dter rernery as tte coffirg agFE,
deer'ns appropiab.
l l. Recsib ad Roporta Tte coobactr sid l(€ep stlcfi
recdrds 6 neoess8qy b documCr$ co0qgnefioetdh the EEO
requ|ernenls. Sr.rotr reords dallte turdlcd. ftra perid of
three yeae Hbrnirg Sre d# Sote frlal pqfned b fie
esfradorfor a{ conkact frtt ili Efid be arF.ffi, d
reasonabb frrEs ard p,bce$ tr insped*m'tV artlEr,tEd
repieseiMivE€ of tfle cffitsacfrlg 4€hcf 4Idtfie FHUVpt
a. The coribdctor shdl nolify dl pd€rffd Euti:onfacbrs and
suBpliers ard lcssrs of ttEir EEO ot igat otls lr@ &b
cofitsad.
7. Unloos: tf heortracbr ra[ies in uirole or in part upon
rnions re€ sou:ice ol erndc{|€es, fJe Eorfacto will r.tSe good
faith €firts !o oHgin Ee,cgeer.efloo of sucfi uniom to
increase opporttmlie*hrrairiorfiit5 and wqnen, Actions by
the conk-acbr, eilher dft€cry orf}ll[ugh a srhactods
assoda6po.A{ir€ as rye.rtt, lrdl'inckde fte procedures set
forth How:
a. The contsador uiH rrEegood 6efth i#orb tb,clevelop, ln
coopoGafion si$ t;le ur*ors, jrin!trainir,E prog[-dms aimedtomn quaBfying mre- trirrsrifie and rrcnfen fur membersfrip
in the tr$or'B ard,iru€asing frE skilb cf minodlfols and women
sotlral EIey nEy,qu@ftr h{gh€r paynC erDplo!ffnent.
b. Tfe eqlFactoryuill lEe gped tffh Cffart$ to incorporate an
EEO d*tseirtedr udonaryeemeGto the endlMsrchtnicnr*[ tr effiacff,taili botndb refbr apflicarts vdfrotf
regardlo their IaE, cdor. rdigim, sex, natior,al or(yin. age or
dsabiey.
d. ln the rcatbe unisr is Llrlable to'provide the confactor
wilh a reasfi&E frourof r&nab within fie tine lirnf, sd io,rttr
in the cdkft€bagaintg agreerned, fc cootracbrwil!,
Urou(;tr m@eArrt een$bmrlt effsrts. fl ttE €rndolment
vrcancbe Uitbaqtrcgd to,@. c!F, rdEhr, s€x, national
contrqdlng'ager,rcy;
L R€Gomble Acwunodatlon tor AppmcanB /
Employees wih BtsatilEes: The oontraclor must be familiar
a. Thi records l(epl b.y tE Contrador stldl docurned fhe
follwving:
(1) The nurfber irnd uorrr hoLrs d mhdity atd nm-
mioo.ritygroup rn€rriberg arts vlbr*an ern$ryd in gacfi $erk
cbssi6cd6 on SE prCect
(2) Tte progess and a&rts befrg m*heooptration
i^/ih unions, lr,hen amdEalrle, to fNGEase enelo:rnert
opporfuni$es for minfiilips aad tr,gfien; end
(3) Tti6progress and efiqtb bdtg made in locafrg, hirintg,
Hning, Bdifylr€. ard uperadrEt Eiircr$ies ard qsII€{!;
b. Tneconhactors and $&contadds v*ll st&ttlt m- ar*la!
repod b tf€ eofllratfirg agenoy each @ $a fie &rdDo of
tfE pfoJed, Fdld,rE tb nurrber of infnodty, lo,nen, ard
norrminority grup qlployeeg ctfierttly erE4ed h efjrrrork
dassmcafiwr requiied W tlp confa[luig L Ttis ir6rsna6on is
to be reported onE9S.EHMCI![&. Thestatrrq d6ila shouH
repres€nt the prqjGct uprtforce ql boerd in dl or @yP*t sf
the last payrolt' pe{iod preoeding the erd of July, lf on-tte-iob
trahring is being reguired by spectal groCsion, the csntractor
3
will be required to collec{ and report training data. The
employment data shodd reflect the r,rork force on board duringall.or any part of the last pafoll period precedirq lhe end of -
Jr/y.
I II. NOT{SEGREGATED FAOLTNES
This pmvision is applicable to all Federal-aid construction
contrads and to all related construction subcontracts of
$10,000 or more.
IV. DAVIS.BACOI{ AND RELATED ACT PROVTSIONS
l. manlmum wagos
This section is appticable to all Federal-aid constructionpmjecb exceeding $2,00() and to all related subcontracts andlouer-tier subcontrads (regardless of subcontrad size). The
requiremerts apfly to all proJects located within the rtlht-of-
way of a roadway that is func-tionally classified as Federal-aid
higtn ray. This exdudes roadways funcffonally classified as
local roads or rural minor collectors. wfJcfr are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
TR 13179 - Exhibit 1
of paragraph 1.d. of thb sectiofl; also, regular c<intrbutinns
mde or costs incuned formore than a wEekly perlod (hrt not
less den than quarterty) under plans, firnds, or programs
which coverthe parlicdartreekly pfod, ar6 deerned to be
constructively made or incfied cturt€ such ut€kly perioct.
Sudr laborers and mechanics shall be paid ttr appropriate
wage rale and finge beneffls on the wage determinalion for
the dassification of \ /ork actually perfonned, withod regard to
ski[, except as provided in 29 CFR 5.5(aX4). Laborers or
mechanics performing work in more than orE classification
may be compensated at the rate specifed fur eacft
classification for the time actually \ ofted UEreh: Provided,
That the employefs payroll records accurately set forth the
trne spent h eacft classification ln whictr trcrk 6 perbrmed.
The wage determlnation (includng any addltonal dassmcadon
and wage rates corfornrd under paragraph 1.b. ofthb
section) and the Davis-Bacon poster (W-t-1321) slnl be
posted at all times by the contractor ard ib subconkactors at
the site of the \ ork in a prorninent and accessble place where
it can be easily seen by the urcfters.
b.(1) The cortrac{ng offcer shall reguire that any class of
laborers or mechanics, lncluding tclpers, wfrich is not listed in
the wage determination and which is to be employed under the
confad shall be classified ln confurmarce ryith thewage
detem{nalion. The confadiag oficer shdl approve an
additional dassification and vrage rate and fringe benefib
therefore only wfien the fdlo$,ing criteria ha\re been met
(D The wort to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in tte area by the
construction industry and
(iii) The prcposed w8ge rate, incMing any bona fide
fringe benefits, bears a reesonaHe rdatiorEhip to th€
wage rates contatned in the wage determination
(2) tf the contraclor and the laboreB and mechanics to be
employed h the dassfication (if krmm), or their
representatives, and the contracihg offier agree on the
dassification and uage rate (hdrJdirE tfle amount
designated forfirge berEtrb r,vhere appropdab), a report of
the action taken shall be sent by the contraciirE offcer to the
Adminiskator of the Wage and Hor Division, Employnent
Standards Administration, U.S. Departrnent of Labor,
Washington, DC 20210. The Administrator, or an auhorized
representative, will approve, modiry, or disapprove e\rery
addiuonal classificaton adion wihin 30 days of l€c€lpt and
so advise the contracdng offcer or will noti! tne cortracdng
of6cer within the 30-day period that additional time is
necessary.
(3) ln the event the contractor, the laborers or mecfianics
to be employed in the classificatio or thelr representatiYes,
and the contracting officer do not agree m the proposed
classification and wage rate (ncluding the arnount
designatad forfringe benefits, ufiere appropriate), the
contrading officer shall reier the questiors, indudlng the
views of all interested parties and the recommendation of the
contacting oficer, to the Wage and Hour Administrator for
determinaton. The Wage and HoLr Adninistrator, or an
aulhorized representati\re, will issue a determlnation rultttl
30 days of receipt and so advise the contra€tir€ offcer or
The contractor must ensure that facilltbs provided foremployees.are provided in srch a manrEr that segregation on
the basb of race, cdor. rdigion, sex, or national origin cannotresult. The contractor may neither require sucfi segregated
use by mitten or oral polrcles nor tderate suctr use ty-
emplo)ree custom. The contractofs obligation extends further
to ensure $at lts ernployees are not assigned to perform their
services at any location, under the conkactofs control, where
the faclliti€s are segregated. The term ,,faclll0es,' includ€s
uralting rooms, vrork areas, restaurants and othereating areas,
time clocks, restrooms, rarashrooms, locker rotrns, and-other
storage or dressing areas, paking lots, drinking fountdrs,
recteaton or ertertainment areas, t-ansportation, and housingprovided fo ernployees. The conbactor shall provide separate
or single-user rcstroorns ard necessary dressing or sleeping
ar€as to assure privary bet\,een se)es.
The following provisions are trom the U.S. Departrnent of
Labor regulations in 29 CFR 5.S'Contract provisions and
related maters'with minor revbions to conform to the FHWA-
1273 funnat and FI-fWA program requirements.
a. All laborcrs and mechanics employed or \ rorking uponthe site of tle work, will be paid unconditionaily and not less
offen than once a v,,eeK and without subse{t ent deduction or
rebate on any account (except such payroll dedudiorle as arepermittecl by reguiations issued by the Sec|dary of Labor
under the Copdand Act (29 CFR part 3), fle tui amount of
wages and bona fide finge benetrts (or cash equi\ralents
thereof) dw at linre of payment conpl(ed at rates not less
than thoee mntained in the rrrage determination of the
Seoetary of Labor which is attacfed hereto and made a part
heeot regardl.ss of any contractual relationship wtrich may
be alleged to exist bet/r/een the contractor and such taborers
ard mechanics.
4
Conbibrrtions made or cosb reasonaHy anticipded for bona
fide frirge benefits under se€iion 1(b[2) of the Davis8acon
Act on behatf of laborers or mech$ics are considered wages
paid to sudl laborers or mecfianics, subject to the provisions
\ dl notiry the contracting officer within the 3fuay period that
additional time is necessary.
(4) TtE wage rate (including fringe benefits ufEre
appropdate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be pau to allworkers performing
lork in the dassification underthis contract tom ttte first
day on which \rork as performed in the classification.
c. \ /herpwr the minimum wage rate prescribed in theconfad for a class of laborers or medtanics indudes a fringe
benefit which is not errpressed as an hourly rate, the contracto.
shall either pay the beneft as stated in the wage determlnation
or shall pay another bona fde tinge benefit or an hourly cash
equivdent thereof.
d. lf the contractor does not make pafnents to a trustee or
other tdrd person, the contractor may consider as part ofthe
wages of any laborer or mechanic the amount of any costs
reasonably anfi dpated in providing bona fde fringe benefib
under a plan or prog!'am, Provided, That the Secretary of
Labor has folrd, upon tfie wdtten reques( oftle conhactor,thd the applicable standards ofthe Davis-Baoon A€t have
been met The Secre{.ary of Labor may require the contractor
to set aside in a separale accorrnt assets furthe meeting ol
obligations under the plan or program.
2 Withholdlng
The cofltracting agency shall upon its ovrn action or upon
writen request of an authorized representative of the
Deparfnent of Labor, withhold or cause to be withheld fiom
the conhactor under this contract or any other F€deral
contrad u/ith the sarne prime contractor, or any otherfederally-
assisted contract subredto Davls-Bacon prevaiting wage
resriremenls, which b held by the same prirne contrador, so
much of tle accrued payrnents or ad\ranes as may be
considered necessary to pay laborcrs and mechanics,
lncluding apprentices, trainees, and helpers, employed by the
contredor or any subcortractor ttE full amrunt of wages
reqrared by the cont'ad ln the evert of failurE to pay any
laboreror mecianig induding any apprentice, tralnee, or
helper, employed or worklng on the site of the work, all or part
ofthe nages reguired by the conhact the contracting agenry
may, after written notice to the contractor, take such action as
may be necessary to cause th6 suspension of any further
payment, advance, or guaraotee offunds until such violations
have ceased-
3. Payrollsand basic records
a. Payrdb and basic records relating ttEreto shall be
mdntairEd by the coDtractor during the @urse of the work and
preserved for a period oftfuee years thereafterfor all laborers
and rnechanics \^,orfting at the site of the uork. Such records
shall contain the name, addrcss, and social seoJrity number of
each such worker, his or her conect classification, hourry rates
ofwages paid (including rat€s of contibutions or costs
anucipeted for bona fide fringe ben€fib or cash equh/alents
thereof of the t1ryes described in seclion I (b)(2XB) of the
Davis-Bacon Aci), daily and weekly number of hours worked,
dedudions made and adual wages paid. lMtenever the
Secrehry d labor has found under 29 CFR 5.5(a)(1)(w) that
the wees of arry laborer or mectanic include the amount of
arry cGts reasonabv anticipated in providing benefts under aplan or program described in sedion 1 (b)(2XB) of the Davis-
TR '13179 - Exhabit I
Bacon Act, the cmtractor shall maffialn records which show
that the commitment to provide suct benefits is enbrceable,
that the plan or prcgram is financially responslble, and that the
plan or program has been commmicated h wriung to the
labores or rnechanics affeded, and records which show the
costs anticipated orthe acfilal cost incuned in providhg sucfi
benefits. Corfiactors emdoyirg app€ntices or bainees under
approved progEms shall maintaln written evidence of the
registration of appEntic€ship prograrB and certification of
trainee programs, the regisffilon of the apprentices and
trzrirEes, and the ratos ard wage rates ptesctibed in the
apptlcabl€ prognms.
b.(1) The contractor shdl subrnit neekty for each u,eek in
which any contract work b perfonned a copy of all payrolls to
the conbacting agency. The payrolls submitted shall set out
accuEtely and completely atl of the informdion requircd to be
maintained under 29 CFR 5.5(a)(3)(i), €xcept that tul social
security numbeG and home addresses shall not be anduded
on rrveeldy transmittals. lnstead ttte paylolls shall orily reed to
include an in<lividualty identifflng number fur each employee (
e.g. , the last four digits of the employee's social secutity
number). The required ueekly paymll lnfomation may be
submitted in any form desired. Optional Form WH-347 ls
avallable ior this purpose fom he Wage ard Hot, Divtsion
Web site d tdpJArumrr.dol.gov/esalnfulbmsAdt3+Znsb.htrn
or its successor site- The prime conbaclor ls re+onsible for
the submission of c,opies of payrdb by all subcor*ractors.
Conbactors and subcontradors shatr maintain the ft{l social
security rurnber and curent addless of each co\rered urorker,
and shall provide them upon r€quest to he cortracting agency
for transmbsion to the S'tate DOT, the Fl-fWA orthe Wage and
Hour DMsion of tfE Department of Labor 6r purpGes of an
investigation or audit of compllance wlft prevailing wage
requiremenb. lt is nol a violation dthls secdon for a prtne
contactorto require a subconhac(or to provlde addresses and
sodal security ntrnbers to the prim€ corfraclor for ib own
records, withod lrcekly submission to the contracting agency..
(2) Each payroll s$miEed shall b€ accompanied by a
"Statement of Gomp[ance,' si]ned by the contrador or
subcontraclor or his or trer agent v\ho pays or supervises the
payment of the persons employed uder the contracl ard shall
certi! the following:
O That the payroll for the payroll period contairs the
information requircd to be provired under S5.5 (aX3Xii) of
Regulations,29 CFR part 5, the approprlate information is
being maintained under $5.5 (aXgX) of Regulations, 29
CFR part 5, ard that suc+l information is conect and
complete;
(ii) That each laborer or mechanic (ndding each
helper, appentica, and fainee) emplo)red on the cootact
during the payrofl period has been paid the fulls€ekly
wages earned, withorrt rebate, elth€r directly or indnedy,
and that no deductions have been made either drecty or
indirectty from the full wages eanEd, other than
permbsible deductions as set forth in Regulations, 29 CFR
part 3i
(iiD That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefib or
cash eguivalerfs for the classification of vork perfomed,
as specified in the applicable wage determination
incorporated into the contract
5
4. Apprsntjces and tralnees
Every apprentice must be paid at not less than the rate
specified in the registered program for the appEntice,s level ofprogress, expressed as a percentage ofthejourneyrnen hourly
The. dlowable-ratio of apprentices tojoumeymen on the job
site in any craft classification shall not be greater than th6 ratiopermitted to the conhactor as to the entirsvrork force under
the regbtered program. Arry rrvrorker listed on a payroll at anapprentice wage rate, who is not registerBd or othlrwiseemplo)€d ss stated above, shall be paiJ not less than the
appticable v\rag€ rate on the \,l,age delemination for the
classificauon of u,oft actually perfurmed_ ln additiorl anyapprentie perfonning rrort on the |ob site in o<cess of tirerdfio permitted Lnder the Egistercd program shall be paid not
less than ttE appl-rcable wage rate on the wage deteniination
for the work actJalty perfurmed. Where a contractor isperfgrming cgrshuction on a project in a locality offrer thanthat in wtrich its prognm is registered, the ratioi and wagerates (expryssed in per@ntages of the jotrmeyman,s nourty
rate) specified in ttE contracto/s or subcontractots registeredprogram shall be observed.
TR 13179 - Extx'bit 1
rate specifled in the appllcable $rage detemination.
Apprertices shall be pald fiinge bmefb in accordance with
the provisions ofthe apprenticeship program. lfthe
apprenticeship program does not specif fringe benefits,
apprentices mtrst be paid the full amount of finge benefts
listed on the wage determination fur the applicable
classtfication. lf the Mministrator determines that a diftnent
practice prevails for the applioable appentice dassification,
fringes shall be paid in accordance with that determination.
ln the event the Offce of Apprentic€shlp Training, Employer
and Labor SeMces, or a State Apprentkrship Agency
rcctgnizd by the Office, witMraws approval of an
apprenticeship program, tte conbactor will no longer be
permitted to utilize apprentices at [9ss than the applicable
pedetermined rate fur the work performed untl an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permltted to work al less than tie pedetermined rate forthe
work performed unless they aIe employed pursuarf to and
andividualty registeGd in a program which has received prior
approral, evidenced by formal cerdflcatlon by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to Joumeymen on the job site shall not be
greater than pemifted under the plan apFoved by the
Employment and Training Adminbtradon.
Every trainee must be pald at nct less than lhe rate spedfied
in tfte approved program for the trainee's level of progress,
expressed as a percentage of the Joumeyman hourly rate
specified in the applicable wage determination. Trainees shalt
be paid fringe benefits in accordance with the provisions ofthe
tsainee program. tf the trainee program does not nEntion
ftinge benefits, traine€s shall be paid the full amount of finge
benefits listed on the lvage determination unless the
AdminbHor of the Wage and Hour Division determines that
there is an apprenticeship Fogram assoc'iated with the
corresponding joumeyman wag€ rate on the wage
determination which provides fur bss than full frlnge benefb
for apprentices. Any emplqpe listed on the payroll at a trainee
rate wfio is not registered and participating in a haining plan
approved by the Employmer[ and Trairing Adminisffiion shal
be paid not less than the appticable wage rde on the wage
determination for the dassificatlon of urork actua[y perfonned.
ln addition, any tralnee perhrming uork on theJob site in
e)(cess of the ratlo permttted under the registerBd prografll
shall be paid nct less than the applicable wage rate on ttle
wage determination forthe uork adually performed.
ln the event the Employment and Training Adninisfation
withdratE approval of a trairing program, the contractorwill no
longer be permited to utrlize trainees at less than the
applicable prcdetermined rate for the work performed udil an
acceptable program is approved.
c. Equal ernployment opportunity. The utilization of
apprentices, trainees and joumeymen under this part shall be
in conformity with the equal employment opportunity
requiremenb of Executive Order 11246, as amended, and 29
CFR part 30.
(3) The ueeldy subrnission of a properly executedcertifcation setforth on the reverse sicle of Optional FormWFI{47 shall satisfu the requirement for submission of the'Slatement of Compliance' required by paragraph 3.b.(2) of
this section.
(4) The falsification of any ofthe above certifications may
subjecl the contractor or subcontractor to civil or criminalprosecution urder section .1 001 of tifle .,l8 and section 231 oftitle 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of tris section avallable forinspection, copytng, or hanscripuon by authorized
representatives of the contracling agency, the State DOT, heFHWA" or the Department of Labor, an<r- shalt permit suchrepresentdives to intervieur employees during working hours
on the Job. lf tlle cortractor or subconbactor faib to suOmit theregudred records or to make them arrailable, the FHWA may,
aner witten notice to ttle contracior, the contracting agency orthe State DOT, take such adion as may be necessary tocause the suspension of any further payment, advance, orguarantee of funds. FurhermoE, failure to submit the requiredrecods upon reqr€st or to make such records available may
be grounds for debarment action puBuant to 29 CFR S.,12.
a. Apprertices (programs of the USDOL).
Apprentices will be permitted to rrrork at less than thepredetermined rate for thework they performec, when they areemployed puEuant to and indi\rljually registered in a boni fide
apprenticeship program registered with the U.S. Deparfnent ofLabor, Ernployment and Training Adminishation, Olice ofAprGnticeshtp Trainirg, Employer and Labor Services, or nith
a State Apprenticeship AgerEy recognized by the office, or if aperson is ernployed in his or her first g0 days of probationary
employment as an apprentice in such an apprentieshlpprogram, wtlo is nct individually registered in the program, h.rt$ho has been certified by the Offioe of Apprer*iceship
Training, Employer and Labor Sen/ices or a StdeAppqrticeship Agenry grtrere appropdate) to be etigibte forprobationary employment as an apprentice.
d. Apprentices and Trainees (programs of the U.S. DOI).
Appredices and trainees uorking under apprentic€ship and
skill tralnang programs wflich have been certified by the
Secret{y of Transportation as promoting Erc in connection
with Federal-aid highway construdion prograns are not
subjed to the reguirernents of paragraph 4 of this Section lV.
The straight time hourly \ /age rates for apprentices and
trainees under such programs will be established by the
partiGtlar programs. The ratio of apprentices and bainees tojourneymen shall not be grcater than permitted by the terms of
the particular program.
5. Complbnc€with Copeland Act requlrements. Ttle
contrac{or shall comply Wth the reguirements of 29 CFR part
3, wtrich are incorporated by reference in thb contract
6. SubcontracG. The cortractor or sub@ntractor shall insert
Form FHWA-1273 in any subcontracts and also require the
sLbcontrastors to irrclude Form FFrWA-1273 in any loraier tier
subconhacb. The prime cont'actor shall be responsible for the
crnpliarrce by any subcontrador or l,ouler tier subcontractor
with all the contract dauses in 29 CFR 5.5.
7. Contrac{bminalion: debarment A breach of the
conhact clauses in 29 CFR 5.5 may be grounds fortermination
ofthe contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compllance with Oavb-Bacon and Related Act
requlrernents. All niings and intefpretatioos of the Davis-
Bacon and Related Acts contdned in 29 CFR parts 1, 3, and 5
are hereh lncorporated by rebrence in thls cortract.
9. Dbputes conceming labor standards. Dispr..tes arising
out of the labor standards provisions of this contract shall not
be subject to the general disBrtes clause of this contract. Such
disputes shall be resolved in accordan@ with the procedures
of the Departmerfi of Labor set furth in 29 CFR parb 5, 6, and
7. Disputes within the meaning of th's clarce include disputes
betvreen the cortrador (or any oI its subcontradors) and the
contacting agEncy, the U.S. DeparfiEnt of Labor, orthe
emplo)rees or their representati\res.
10. Certification ot elagablllty.
a. By entering into this contract, the confac{or certifes that
neither it (nor he or she) nor arry person or firm who has an
interest in the contracto/s firm is a person or firm ineligible to
be awarded Govemment conbacts by virtue ofseclion 3(a) of
the Davis-Bacon Acl or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
orfrm inellgible br award of a Govemment contract by virtue
ofsecton 3(a) ofthe Davis-Bacon Act or 29 CFR 5.12(a)('l).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
TR 13179 - Ahibit 1
V. CO}TRACTWORJ( HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-ald colEtrudion
contract ln an amount ln excess of $100,000 and stbied to the
overtime provlslons of the Contract Work Hours and Safety
Standards Act These dauses shall be inserted ln additon to
the dauses required by 29 GR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laboreB and mechanics
include watchmen and guards.
l. Overtlme requlrenrents No contractor or sL6contractor
cont-acdng for arry part of the cod-act u/ork u,hich may reqdre
or invofue the employment of laboGrs or mechanics shall
require or permit any such laborer or mechanic in any
worl$eek in which he or she is emdolred on sucfi work to
work in excess of forty hours in such li'rorkweek mless such
laborer or mechanic receives compensalion at a rate not less
than one and one'haff times the basic rate of pay for atl hours
worked in excess of forty hours in such umrkvreek.
2. violauon; liability for unpald *?gos; llquE#d
damag€s. ln the event of any violauon of the dause set forth
in paragnaph (1 .) of this section, the contraclor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. ln addition, such contractor and subcontractor
shall be liable to the United States (tn the case of \ ork done
urder contract for the Distri€t of Columtia or a tenitory, lo sucltt
Distrid or to such tenitory), br tiquilJated damages. Srch
liquirlated datnages srla[ be computed with respect to eactt
individual laborer or mectanic, including watdlmen and
guards, employed h violalion of the clause set forth in
paragraph (1 .) of thls section, in tfie sun of $ I 0 fur each
calendar day on which such indivijual was requtred or
permitted to work in aycess of the stardard worh,rieek of forty
hours without payment of the overtime wages requlrcd by the
clause set forth ln paragraph (1 .) of this sedion.
3. WthhoHing for unpaid mges and llquidabd damag6.
The Fl-lwA or the cortactirE agency shall rpon its otvn action
or upon writen request of an aufiorized repr6ertative of the
Department of Labor withhold or cause to be wihhdd, fiorn
any moneys payable ofl account of uor{< performed by the
conffactor or subcontractor Lnder any sucfi confact or any
other Federal contrac{ u,ith the sare prlme cor[ractor, or any
other fedarally-assbted contEd suqed to the Contract Work
Hours and SaEty Standar6 Act, wtlch is held by tte sane
prime conlraclor, srch suns as rnay be determined to be
nec€ssary to salis! any liabilities of such cort'actor or
subcontrac-tor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section-
4. Subcontracts. The conbador or subcontractor shall insert
in any subconbacts the clauses set forth in par4raph (1.)
through (4.) of this section and also a dause rcquiring the
subcontractors to indude these clauses in any lowEr Uer
subcontracb. The prlme cortractor shall bo responsible for
compliance by arry stbcont-ador or lo,r€r Uer subcontractor
with the clauses set forth in paragraphs (1.) thro4h (4.) of this
section.
7
VI. SUBLETNNG OR ASSIGNII{G THE COT{TRACT
This provision is applicable to a[ Federal-aid construction
contrads on the Nalional Highway System.
1. The contractor shall perform with ib own organization
contract work amourting to not less than 30 percent (or a
grEaterpercentage ifspecified elsewhere in tne contracg of
the totaf original contract price, excluding any specialty itemsdesignated by the contracting agency. Speiiatty itemi may beperformed by subconhact and the amourit of any suchspecidty items performed may be dedudeA furir the totatoriginal cortract price before computing the amount of wofk
fryirE t_o_be performed by the c,ontfac{or,s owr organization(23 CFR 635.116).
a. The term'perforn uorkuiith its ou/n organazation, refers
to uorters emplo)red or leesed by the pdme contractor, andeguipment oaned or rented ry the prime cortractor, with orwithout operaJors, Such tem does not include emplolees orequiprnent of a subcontractor or loruer tier subcontracior,
agents ofthe pdme contractor, or any other asslgnees. The
term- may lndude paymefih for the costs of hlring leasertenployees fiom an ernployee teasing firm meeting all relevantFederal and State Ieguldory reqr.irements. Leased
employees may onty be inclucled in thls term if the prime
conlrador me€ls all of the followlng condltions:
(1) the prime contractor mairtains control over thesupervision of the day-today ac{ivities of the leasedemployees;
(2) the prime contractor lemains responsible forthe quality
of the!,rork of the leased employees;
(3) the prime co.tractor retains all porrrrer to accept orexclude individual emptoyees fiom urork on the project; and(4) the prime contractor rernahs ultimdely rbsionsAre for
Ute payrnert of predetermined minimurn wages, thesubmission of payrolls, statemefits of cornpliance and all
other Federal regulatory reguirements.
b. "Specialty ltems'shatl be conslrued to be limited to \ rorkthd requires higlty specialized know,ledge, abilities, orequiprnert not ordiflarily available in the type of cortracting
organizations gualified and expected to bid or propose on -the
contrad as a whole and in generat are to be lknited to minorcomponenb ofthe overall contract.
. 2. The contract amount upon which the requirements set forthin paragraph (1) of Sec{ion Vl is cornputed includes the cost ofmderisl and manufacturett products which are to bepurchased or pro<luced by the contractor under the contractprorisions.
3. The contractor shall fumbh (a) a competent superintendent
or supervi,sor wtrc is ernployed by the firm, h6 full adhority todirect performance of the \,6rk in accordance with the contraa
requirements, and is in charge of all constuction operations(regardbss of who perfurms the work) and (b) such other of its
own organizational rcsources (supewision, managenrent, and
engineering services) as the cclntracting officer determines isnecessary to assure the performance ofthe contract.
4. No portion ofthe contract shall be sublet assigned or
otherwise dispmed of o<cept with the written consent of the
contrading officer. or adhorized representative, and such
consent \^tEn given shall not be construed to relieve thecontrador of any responsibility for the fulfillment of the
contrad. Written consent will be gi\ren only afterthe
contrading agency has assuGd that each subcontract is
TR 13179 - Exhibit 1
evidenced m \rdtng and that lt corilains all pertinent provisions
and requirernents oftle prlme contact.
5. The 30% self-perbrmance requtuement of paragnaph (1) is
not applicable to design+uild contrac{s; houever, contftrting
agencies may establish their own self-performance
requirenEnts.
Vll. SAFETY: ACCIDENT PREVEN'IION
T hl s p r o vl si o n is applicabletoaflFederal-aid
construdion contrads and to all related srbcontac{s.
1. ln the performarre of this contEci the confaclor shall
comply with aU applicable Federal, Sitate, and local larvs
goveming safety, health, and sanitation (23 CFR 6llq. fteconhdor shall provide all safrguards, safeiy devices and
protecti\re equiprnent and td<e arry ofier needed ac0-ons 6 it
determirEs, or as the contracting offcer may ddermine, lo be
reasonably necessary to proted tne fre and health of
employees on the job and the sdety of the prbllc and to
protec{ property in connection with the performance dthe
vrork covered by the cortrad.
2. lt is a condition of this contract, and shall be made a
condition of each subcontract, r,l,hicfi the cortractor enters into
pursuant to this contract, that Sle contrador and afly
subconfactor shall not permit any employ€e, in performance
of the contrad, lo work in suroundings or mder conditions
which are msanitary, hazardous c dangero.rs to his/her
health or safuty, as detennired under construcllon safety and
health standards (29 CFR 1926) prornulgated by tre Secrefary
of Labor, in accordance with Sedion 107 of the ConbactWork
Hours ard Safety Standards Act (40 U.S.C. 37(X).
3. PuBuant to 29 CFR 1926.3, it b a condition of this contract
that the Secretary of l-abor or authorized representath/e
thereof, shall have n:ght of enfy to any sfre ofcont'ad
performance to irsped or investgate the mafier of crnpliarrce
with the constructlon saEty and heatth stardards and to carry
out fE chJti€s ofthe Secretary under Seciion 1(I/ ofthe
Contrac{Wort HouB and SaHy Standards Aci (40
u.s.c.37u).
VIII. FALSE STATEMENTS COT,ICERNING HIGHWAY
PROJECTSi
T h i s p r o vi s i o n ls applicabletoallFederaLau
construc{ion contrac'ts and lo all rdated subcontracG.
ln order to assure high quality and durable construction in
conformity with approrred dans and specifications and a ttgh
degree of reliablllty on stat€ments and representafons made
by engineers, contEcttrs, supptes, and rryorkeE on Federal-
aid highway projetls, it is essential that all persons mncemed
with the project perform their frJnctions as careft-dly, thorougHy,
ard honestly as possibh. Wliful falsification, distortion, or
misrepresentation with respe€t to any facts related to the
project is a violation ot Federal law. To prer/ent any
misundeGtanding regarding tlre seriousness of these and
similar acts, Fonn FFWA-1022 shall be posted on eacfi
Federal-aid higtru/ay project (23 CFR 6A0 h one or more
places wflerc it is readily available to all persons concerned
wtth the project:
18 U.S.C. 1020 reads as follows:
qr\lftoever,
St*s, ord motreff,orenlploleeof the Unibd
uiffilera
or.c6t used or lo
cofiltiqads, or cosb
submilted fpr
to the
corered tfansaction. The prosPee{h€ nld 0ar pdtidpd{ shEdl
submit an eryl8la&n of $hy it c{mot pro,Ee te cerfrcamn
set oul bdot Thecerfficdonor eildaBdm Ytfl be
w6k ered h cor,medon udh Sedemrfneot oragerffs
ctelermindiqr nhetrrer b entsi ir$ histsa.lrdtrtrL *loaauer,
faiture of frie pr@eodG ffiter prirfidpnrtb tmbhs
cedfiadon q an epJamlis{x stid disqtldry,glt€fi a perso.n
fror,ri ptrlidp4on h, IhE mn€@ltfr.
TR 13179 - Edlim 1
fieCE@liigdgency
torcatlseof efeCt
Gcnse{
orto an
orrehhd
false
cerfficate,
JtSy l, fgt6,356i, as atnerded
Sldl be fuedflnd€r &b ffie sr lrprisOried not rnore than 5
years o"bofir-"
IL EIPLETEITANU{ OF CLEAIJ TTR ACT ATB FEDERAL
WATER POLLIfIIOiI COTITROL ACT
Thls Protd$im b a@tleto efl Fetlral-aid comstuuctioncfifaets Ad tod idatEd sriibcd'fiecB.
By sr.Gmission of Uds,,biilroposd sttreeeqfrcn of this
corrtsect orsrbcE{racL as apBr,orgtale, the bi&er, proposer,
Feder*aideru&rrclion omilaotoc, or subcorffacto(, e
apFroprhtqvyf, be dr€med to hatE slipulated.as follo,r/s:
t. That arry pelBon,liho 'ts or ufll te l$lizei in the
psbrmarce sf fi[s:eqbct b rd :Frof.rffi€d troGt receMrg an
arrerd de to a$ota[ondsedim 66 d$e deanWaterAct
or Secfm ffi oftrE Ch Alr.AEt
2. THtheoonEatoragre6to ircbde orcause.to be
incftrd€d thor€qiirBrEaxfg sf p$eSrap-h-. (1) of.ffi SectbnX in
euery subcff{EiE( ar6finlhw agre€s lo trdre siEh acdion as
the cor{racf!4g ag,grrcy may dir€st as a rneans of enforcing
stEfi r.€quileff{€ots.
)L CERMHCAEOII REG{RIIT{G,DEBARiEHT,
st sPE!|goil" F{ELTGEI.|TY AM] \rg-Ut{fARy
EXCLugOit
Tlds pmte*cn b ePp[ca& to dt Fed€rd-eid consbucfon
@fficts, dBign-hriH edtrarh, i{fu1tfaobt lorver-tbr
sr6aohtrac13, tr|rcbase- orders" lw agreernsG. cofl sultant
csrhbhotaBy ffiiel cove*tsd Basim l€s:tiIirs FHWA
appfirval ortrd b estlrnaH to @9t $e5,000 or rnore - as
deflned in 2 CFR ,Parls 18O ard 12m.
1, fn$uclions far Certifieation - Flrst Tier Partichants:
a. ry signing and sr$nrittirXg thb prop6al, the prospective
first tier pfibipant b pr'oviding the certificatbn set ori below.
cirdfislatce8.
e- T[te qrts''cowred taE,x$oru' tte$md,"
"susper,r<rea,:'fBfeble"'permpaof fersoo,''gln@t,"
and tohftarily exohldcd-,'.ao qs€d la tI+ dau$e, a.e defirEd
in 2 CtR'Pa& 1s) ard iSO. fir*TlEr eqreFsd
Tens.Actions' rets$'to aqf '@r,erdiifdEa&pHiFial a
$tatilee or stlqgi€i*ee d Fethtalfmds and e prtrgtil (such
as the p0iEE or..gerEr€* e€rfrgct - 'LoutEr Tlerccr,Et8d
Transaqf,ons' rcfors to ery cgl€r€d fB€c{ftx}lider a Fir8t
Tier ColEred Transs€iidr $u&ac wboodta6)- fHTbr
earruparf refrrs to ttE paructparf t*lo has Erltsr€d ido a
csveeO tranSAU uffr a grar@e or sr$$arEe d F€@
turids (such as fie gir*e clggFrd eudrffi). tur*rTbr
Pqr{icipanf reErs epy Fsrfdpd-{llhp ttag erts€d hb a
cover.iu trmacttor:r iau a F*st r*:r Fafi@efil orofig Lo\,€r
TierParIc{rarrts (swh as BuhcorrEaBtom s[|d ssppflers].
f. The prEp€clhE Ersttier palidpant aoEes by qtGi[irE
tfds fqpo64lM, stqfi te proOosed 6€r€d balsa.fim be
d*etred into, it sild not @.fEgl, eoE ftm a6f hmcr titr
coterp4 tansa+a wfir:a person n/ho b de@d,
suspes@, dedaf€d irdig&r,* a*vorrla4 d.t(Ei! tun
Far,0cipa{ion in fi{s corrE edtuansd€q, ufeeq flJ@ by
the @pa,tnefd or 4g1cy€$tedng hbfigFanidoa.
a\d€ibleto&e
mrytennfrmF.
d.
The
trdEa4iofE.
tfte etigibi$ty
bans-Erdorhasbcoreerureu* by
rld,susrended,
h corcred
Ts@_fy&e swdl 6
eacf,l
b. The inability of a persoo to pwkte tfie cer8fication set out
belowwill not necessarily result in denial of panicipation in this
I
of efry knrerlier
vrtdcfi ls
L Ncfiing csltained in the bregrcirlg shas be csjsF{"Ed to
requir€ the estaHisfrner{ ef a sysEn of rccords in 6Gr torender h good faith tbe cerMiryr r.eCutred by tds dalse.
The knovdedge and i*ormdm of tte pro+ectiye Frtidpant
is not reguircd b eroeed H'rfihfi B nsmdUpoes€ssed by
a pnderd persql hthe ordinry couse of busirEss deafr.lgs.
j. Except brtrarsactror.E arfiorized tr,eprqgreph (f) of
these irstucliwrsi il a pq{cipanth a eovetedtrrylsacfion
knorying[yer*ds into a lcniErtiercorerd transaeUm umr apenon wf.Eis $spglrtsd. debared, irEfiglbts, or vdi.r*arryexiJt&d tom parlidpqfon iE thb tsawarficr, in irddtioa tostfrecrernediesavallabbto.theFeder* t fr
dqparknent or ageney fnay teminde thi$ fariEactbn'fur carse
or defauft.
TR 13179 - Ex-hibit 1
this trseadba @@dntry ptrsue,avdat erercc&s,
incli.!&!g suspeflsbn, andor ffi.
q @
ts
2. InsEuctionsfor Caftffcrrlkm - Lo!rcrTier paiEsarellts:
(Applicabh to dl subosdpcb, rurcfi*e,orders and sther
lovrr tier tansctims rs$rrir{ Ebr FhWj\ approlEt or
eslimated to cost $25,0m or rnore - 2 CFR Parb 180 and
1200)
a By sr$inS ard sLbrfttir€ thls proposat tre prospedive
lourer tier b providing the certifiealion,set out be$ov\r-
b. The cedifcation in tiiis dause is a materid r.4resentaticin
of &d upon ufiictr rdiare u,as ptaceO wtren ttrris traosadbn
uras enbred tnio. lf ft is later deBrnined tftd the prffpective
lorrer ter puti@41 166r;rgly rende@d an erioneqs
oedificatiori, in ad<lition to offer remedies avaitablelo the
Federal Govemmert, the d€partrEnt, or agency vrdih which
sttrnhed
learnstrat h.
cbariged
t.€her
lr#ss
rqett tEndEr
in S_oo4 Thc
FefsoninttlediEycDlrse
i- Ercept imtranssdom q#|or@ tfr(tsrpqag6-4h e of
these instructbGs, il a partcipd in a co,eEd bdlsadjom
loo,vFrgly entsrt iffi a hrpr fer:€6r@d'ftrsqfoQ tilh a
person who :ts susperde4 debdrEil, ineEgeh, or t *tbriv
exduded frorn parlbipdkm in S*s Etsdian, in dtim to
other rernedl€s availaUe totfp Fedeml Goverrurert Ep
of
2. Cortlffca0gn Regr*r{ng DgDqrrnelq Suspemion,lneliglblily and Voluntary kclusion - Fhst TbrParocbarrts:
a. TIE prcp€ch/e fr$ qer pqrfdFrfi ceirffieg fr:tfre be6t ofitshro{efte ard bdi.e( rld it ard itspirlqpdsr
(1) Are not,presengyidebared, su*efl&d, prqposed forHtr€d in{gHe, orvoftffiairyffited tur{tpar{id@trtg ftr corrEred fransaclitrts by arry Federd
@trtnentcrag€rrcy;
(2) Hare rol rffiin a tmeeyar pe*iod gece{iu his
prcBo.€d been cswided of or hd a cndnr&{ae+ enOereaqainst EErn,or cqfirnissixr of ftaud or i dinid ofierse in
cDnrEction wi&r oElitrfE, atErrBirq to o@iIt o BerbnnirEa p&lie (Federal, Se q loed trarsacEsn s cortrad urder
a U;rbib trar.saciion; ddane ot feqerat or State arlilnrst
stdrrtes or cofirnission d enrtedemsfl, trtefi, to{.gery,
brhery; fahiftcdim firbstl.Etiah sf r€68ds, rndirE fahe
stderrEnts, or receiviag staen popertfq
B) Are not FressrEy ilrricted br ordheuise crinirmly or
civilly &a.gEd by a gqeomre-il4rer{ity,(Feder.d, Stde or
locd) $th conrrdsion of any d th offer.res emsrerded inparag[Eph (a)€) of'trb cenEfca$orl; and
$) Ffarre riotrrriuifln a hree{egr pedd F€ceding this
applioatiordp4as{ had one or nrore put{$c transections(Federd. Stale or locs0 l€nninaH for ealse or tttfa.{t
b, VYfee,trle pr,qs@ivepe{ff-cFqflt is maue to cert'fy to
any of thc#temerG irt tlits:Cerihcatiorr Sueli prospeclive
particiiant sfrail attaffi ar emhrHion to thG pr,spqsal,
ts
to
10
TR '1317S - Exhibit 1
department or agency with wtrich this transaction originated
may pursue available remedies, induding suspension and/or
debarment.
Certlflcatlon Rcgardlng Debarmsnt, Suspenslon,
ln€llglblllty and Voluntary Exclusion-Lower TlerParticipants:
1- The prospeclive lower tier participant certifies, by
submission of this proposal, that neither it nor ils principals is
presendy debaned, suspended, proposed for debarment,
declared ineligible, or voluntarily o(cluded trom participating in
covered trarEactions by any Federal department or agency.
2. Where the prospective lo\i\rr tier participant is unable to
certiry to any of the staternents in this certmcation, sucfi
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFrcANON REGARTXNG t'SE OF CONTRACT
FUiIDS FOR LOBBYING
This provisim is applicabte to alt Federal-aid construction
cofltracts and to all related sLbcontracts which exceed
$100,000 (49 cFR 2o).
1. The prospedive participant certifies, by signing and
submiting fiis bid or proposal, to the best of his or herl(nowledge and beliel that
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to inf,uence an officer or ernployee of
any Federal agency, a Member of Congress, an offcer or
employee of Congress, or an employee of a Member of
Congress in connedion u,ith the awarding of any Federal
contrad, the making of any Federal grant, lhe making of arry
Federal loan, tlE entering into of any cooperative agreernent,
and the e)dension, oontinuation, reneual, amendmeG or
modmcation of any Federal contract, gran( loan, or
cooperative agreem€nt.
b. lfany funds other than Federal appropriated funds have
been paid orwill be paid to any person for influencing or
attempting to influence an oficer or employee of any Federal
agency, a Member of Congress, an officer or emptoyee of
Congress, or an employee of a Member of Congess in
connedion with lhis Federal cofltract, grant, loan, or
cooperative agreernent, the undersigned shall complete and
submit Standard Form-LLL, "D'rsclosure Form to Report
Lobbying," in accordance with its instrudions.
2. This certification is a material representation of facl upon
which reliance was placed when this transaction was made or
entered into. Stbmission of this certification is a prerequisite
for making or entering ir(o this transaction imposed by 31
U.S.C. 1 352. Any person who fails to file the required
certification shall be subject to a civil penalty of not tess than
$10,000 and not more than $100,m0 for each such tuiture.
3- The prospective participant also agrees by submitting its
bid or proposal that tte partidpant shall require that the
language of this certification be included in all lower tier
subcontEcts, uh'tch exceed $100,000 and that all such
recipients shall cediry and disctcse accordingty.
11
TR 1 3179 - Exhibit 1
6. The contractor shall include the pmvisions of Sections 1
throrgh 4 of this Attachrnent A in every subconbact for work
which is, or reasonably may be, done as on-sfte work
ATTACHMENTA - EIIiIPLOYMENT AI{D IUATERIALS
PREFERET{GE FOR APPALACHIAN DEVELOPI'ENT
HIGHWAY SYSTEI' OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects fi$dedunder the Appalachian Regional Development Act of i96S.
1 . During the performance of this cortract, the conlractor
undertaking to do work wtrich is, or reasonably may be, done
as onsite work, shall gh/e prebrence to qualified persons \,vhore$larly reside ln the labor area as designated by the DOLwtprein the conhact work is situated, or the subregion, or theAppalachian counties of the State wherein the coniract lvork issituated, except:
._ a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supeMsory or speclally experienced personnel necessary toassure an efficient execution ofthe contract work
c. For the obligation of the contractor to offer employment topresent or former employees as tle result of a tawfut iolbaivebargaining contract, provided that lhe number d nonresidentpersons emplo!€d under this subparagraph (1 c) shall not
exDeed 20 perc€nt of the total number of emptoyees emplo)€d
by the cortractor on the contmct work, except as provided in
subparagraph (4) below.
2. The c-onh-actor shall ptace a job order with the StaleEmployment SeMce indicating (a) the classifications of the
laborers, rnechanics and other employees required to perform
the conbad work, (b) the number of employees required in
each dassification, (c) the date o{r whidr the partcipant
estimates such employees wlll be requirecl, and (O arry other
p€rfrnent information required by tle State Employment
Service t9 compkte the job orter form. The job order may be
placed with the State Empoyment SeMce in writing or [ttelephone, lf during the course of the contrad urork, theinbrmdion submited bythe conhactorin the original job orde
is substantially modified, the participant shall prompflynotifo
the Stale Employment SeMce.
3. The contrador shall give full considerabon to all qualified
job applicants reEned to him by tfre State EmptoymentSeMce. The cortractor is not required to grant ernployment to
any job applicants who, in his opinion, are not gualified to
perform the dassification of raork required.
4. lf, within one vveek following the placing of a job order by
the contrador with the State Employment Service, the StateEmplolment Service is unable to refer arry quali,lied job
applicants to the contractor, or less than the numbei
requested, the State Emfloyrnent SeMce willforward acertificate to the cortrac{or indicating the unavailabitity ofapplicants. Sr.rch certificate shall be made a part of thecontradofs permanent project records. Upon receipt of thiscertificate, the contractor may employ persons wtro do not
normally reside in the labor area to fill posifions covered by the
certificate, notrrvithstanding the provisions of subparagraph (.lc)
above,
5. The provisions of 23 CFR 633.207(e) allow the
contrading agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
STATE OF FLORIOA DEPARTMENT OF TMNSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
TR 13179 - Exhibit 1
525-0lO,4ON
PROGRAM MANAGEMENT
occ - 0st8Prgc 1 of2
1
EXHIBIT'N"
TRAFFIC SIGNAL MAINTENANCE
Paragraph 16. is modified to include the following provisions:
When the District Traffic Operations Engineer of the Department has served a request order on the Recipient, and the
designated officer of the Recipient has favorably acknowledged the request order, the Recipient shall undertake the
responsibilities to maintain and operate existing or new traffic signals and signal systams mentioned in the request
order.
2. The proposed functional design and operation of new traffic signals and signal systems shall be revbwed by the
Recipient in coniunction with the Departrnent prior to installation. Such design and operation will be as energy
efficient m possible.
3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance
with Part Vl of the Manual on Uniform Traffic Control Devices (MUTCD), as amended, and with all applicable
Deparfinent standards, specifications and plans goveming traffic control for street and highway construction and
maintenance.
4. The Recipient shall be responsible for the maintenance and continuous operation of the traffic signals and signal
systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control
devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical
charges incuned in mnnection with the operation of such traffic signals and signal systems upon completion of their
installation. ln the case of conshuction contracts, the Recipient shallbe responsible for the payment of electricity and
electr'rcal charges incurred in connection with the operation of the traffic signals and signal systems, and shall
undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance
of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor
and the Department, during the burn-in period between conditional and final acceptance, are contained in the most
recent Department's Standard Specifications for Road and Bridge Construction.
5. The Recipient shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and
efficient movement of highway traffic and that agree with maintenance pnactices prescribed by the lntemational
Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Recipient's
maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service,
and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or
damage). The Recipient shall record its maintenance activities in a traffic signal maintenance log which shall contain,
as a minimum, traffic signal log details recornmended by the IMSA.
6. The Recipient may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and/or equipment replacements unless the equipment prcvided is the same age or newer
and is capable of performing the same functions. The Department shall not make any modifications and/or equipment
replacements without prior written notice to the Recipient.
7. The Recipient shall set and maintain the timing and phasing of the traffic signals in accordance with the Departments
timing and phasing plans, specffications or special provisions. The Recipient may make modifications in phasing of
traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is
obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or
for the Recipient in accordance with Section 1A.09, "Engineering Study and Engineering Judgment", of the MUTCD
recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of
Florida. The Recipient may make changes in the signal timing provided these changes are made under the direction
of a qualified Professional Engineer. The Recipient shall send a signed and sealed copy of the timings to the
Department immediately after installation. The Department reserves the right to examine equipment, timing, and
phasing at any time and, after consultation with the Recipient, may specify modifications. lf the Department specifies
modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by the
Recipient.
STATE OF FLORIOA O€PARTENT OF TRAI{SPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
10. This E$ibit shall remain in force during the life of the originally installed equipment and/or the life of any
equipment insta[ed with the mutual @nsent of the parties here$o until superseded by a Traffic Spnal
and Compensation Agreement between the Department and the Recipient.
8. The Recipient shall note in the maintenance log any timing and/or phasing changes and keep a copy of the timings
and any approval documentation in a file.
9. The Rectpignt may enter into agreements with other partbs pertaining to traffic signals and slgnal systems including,
but not limited to, agreements relating to costs and expenses incuned in connection wtth the operation of traffic
signals and signal systems on the State Highway System provided that such agreements are consistent with themutual covenants contained in this Exhibit. The Recipient shall fumish a copy of such agreements to the Departnent.
TR 13179 - Eftibtt I
Sasolo"toN
PROGR.AT' IANAGEIENTGC-00fi8W.2d2
replacement
Maintenance