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R25-324
RESOLUTION NO. R25-324 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. PWE24-008 3 FOR THE S.E. 1ST STREET IMPROVEMENT PROJECT TO R&D PAVING, 4 LLC, AND APPROVING AN AGREEMENT BETWEEN THE CITY AND R&D 5 PAVING, LLC IN THE AMOUNT OF 4,855,166.07 PLUS A CONTINGENCY 6 OF $485,516.61, TOTALING $5,340,682.68, OF WHICH $1.5M WILL BE 7 PAID THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION; R AND FOR ALL OTHER PURPOSES. 9 10 11 WHEREAS, the City and the Florida Department of Transportation ("FDOT") entered into 12 a Local Agency Program Agreement dated April 17, 2024, providing FDOT's financial assistance to 13 the City for projects outlined within the Agreement; and 14 WHEREAS, the City issued Invitation to Bid ("ITB") No. PWE24-008 pursuant to state and 15 local law to solicit bids for S.E. 1st Street Improvements; and 16 WHEREAS, the R&D Paving LLC ("Contractor") responded to the ITB by submitting its Bid 17 dated August 15, 2025; and 18 WHEREAS, the City has selected the Contractor to perform construction services related 19 to the S.E. 15` Street Improvements; and 20 WHEREAS, the City submitted all Bids to FDOT for their review and to obtain concurrence 21 with the City's recommended Contractor; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to award ITB No. PWE24-008 for the S.E. 1st Street 24 Improvement Project to R&D Paving, LLC, and approve an Agreement between the City and R&D 25 Paving, LLC in the amount of 4,855,166.07 plus a contingency of $485,516.61, totaling 26 $5,340,682.68, of which $1.5M will be paid through FDOT, in form and substance to be approved 27 by the City Attorney's office. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. RESOLUTION NO. R25-324 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 award ITB No. PWE24-008 for the S.E. 1st Street Improvement Project to R&D Paving, LLC. 35 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve an Agreement between the City and R&D Paving, LLC for ITB No. PWE24-008 for the S.E. 37 1st Street Improvement Project in the amount of 4,855,166.07 plus a contingency of $485,516.61, 38 totaling $5,340,682.68, of which $1.5M will be paid through FDOT (the "Agreement"), in form and 39 substance similar to that attached as Exhibit A. 40 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 42 ancillary documents required under the Agreement or necessary to accomplish the purposes of 43 the Agreement, including any term extensions as provided in the Agreement, provided such 44 documents do not modify the financial terms or material terms. 45 SECTION 5. This Resolution shall take effect in accordance with the law. 46 [SIGNATURES ON THE FOLLOWING PAGE] 47 RESOLUTION NO. R25-324 48 PASSED AND ADOPTED this a day of O cc e_.r--%bier- 2025. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 Mayor— Rebecca Shelton 1/ 52 53 Vice Mayor—Woodrow L. Hay ✓ 54 55 Commissioner—Angela Cruz ✓ 56 57 Commissioner—Thomas Turkin ✓ 58 59 Commissioner—Aimee Kelley ✓ 60 61 VOTE 5-0 62 ATTEST: 63 64 65 �vlaylee De Jes" , MPA, MM Re•ecca Shelton 60 City Clerk `80YNI `�� Mayor 67 ' ......Oili 14 ... pRPOR"9T•�6 11 68 f • ,y ,. APPROVED AS TO FORM: 69 (Corporate Seal) % (7-3.1 SEAL t n :ii# .2INCORPORATED: 70 :. 1920 GG/ 71 ,t •�.. ... •. Shawna G. Lamb 72 ``�,Fi.ORIDN 73 City Attorney 1 City of Boynton Beach '0" FDOT-Contract AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R&D PAVING LLC. FEDERAL CONSTRUCTION CONTRACT S.E. 1ST STREET IMPROVEMENTS THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as"CITY", and R&D PAVING, LLC., a limited liability company authorized to do business in the State of Florida, with a business address of 5730 Corporate Way, Unit 214, West Palm Beach, Florida 33407, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY received a Federal award for a Florida Department of Transportation LAP grant on March 24, 2024; and WHEREAS, the CITY issued Invitation to Bid No. PWE24-008 (THE "ITB") pursuant to state and local law to solicit bids for S.E. 15t Street Improvements (Attachment "B"); and WHEREAS, the contractor responded to the ITB by submitting its Bid dated August 15, 2025 (Attachment"C"); and WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related to the S.E. 1s' Street Improvements; and, WHEREAS, the CITY submitted all Bids to the Florida Department of Transportation for their review and to obtain concurrence with the City's recommended contractor; and WHEREAS, upon receiving concurrence with the City, at its meeting of 2025, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: PWE24-008. NOW,THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY's solicitation(herein referred to as"WORK") entitled ITB No.: PWE24-008 S.E. 1s` Street Improvements. The project is being funded by a Florida Department of Transportation (FDOT) Local Agency Project (LAP)Agreement#446078-1-58-01. It is imperative that Contractor examine and become familiar with the Local Agency Program established by the Florida Department of Transportation (FDOT). Funding for the project has been made possible through this grant and is contingent on strict conformance to the guidelines set forth by FDOT and the Federal Highway Administration. Bid No.PWE24-008-S.E.1"Street Improvements C-1 R&D PAVING LLC. 4 City of Boynton Beach ~'°� FDOT-Contract Contractor shall comply with the Local Agency/Federal Aid Contract Requirements shown on Exhibit C. The Contractor and all subcontractors shall comply with the provisions contained in FHWA-1273 (Required Contract Provisions Federal Aid Construction Contracts) contained within Exhibit C. The Contractor and all subcontractors shall comply with the Prevailing Minimum Wage obtained at www.SAM.gov and contained in Exhibit D. Article 2. CONSULTANT. CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME: TERMINATION: LIQUIDATED DAMAGES. 1. Contract Time. The WORK will be substantially completed within (270) Two Hundred Seventy calendar days from the effective date of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within (30) Thirty calendar days from the date of Substantial Completion. 2. Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing (30)business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed till the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 4. Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand Seven Hundred Dollars ($1,700.00) for each Bid No.PWE24-008-S.E.1V'Street Improvements C-2 R&D PAVING LLC. City of Boynton Beach 4111 FDOT-Contract day of malfunction. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Four Million, Eight Hundred Fifty Five Thousand, One Hundred Sixty Six Dollars and Seven Cents ($4,855,166.071 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 1. Progress Payments. CONTRACTOR may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 2. Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 3. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty(30)days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4. Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance Bid No.PWE24-008-S.E. 1M Street Improvements C-3 R&D PAVING LLC. City of Boynton Beach FDOT-Contract by CITY. 5. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 6. Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 7. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Article 6. CONTRACTOR GUARANTEE, CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 1. Invitation to Bid 2. Instructions to Bidders 3. Bid Forms (including the Bid, Schedule(s), Information Required of Offeror, and all required certificates, affidavits, and other documentation) 4. Contract 5. CONTRACTOR's Performance and Payment Bond 6. General Conditions 7. Special / Supplemental Conditions Bid No.PWE24-008-S.E.1'Street Improvements C-4 R&D PAVING LLC. City of Boynton Beach FDOT-Contract 8. FDOT Requirements for LAP Class D 9. FDOT State- Funded Grant Agreement RPN: 446078-1-58-01 10. Technical Specifications 11. City Construction Standards and Details 12. Drawings entitled: Appendix A ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 With copy to: Shawna G. Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 And if sent to the CONTRACTOR shall be mailed to: R&D Paving, LLC. Nancy Rosso 5730 Corporate Way, Unit 214 West Palm Beach, FI: 33407 Article 9. JNDEMNITY. 1. The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from liability, losses or damages, including attorneys'fees and costs of defense,which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. Bid No.PWE24-008—S.E.1"`Street Improvements C-5 R&D PAVING LLC. )z • City of Boynton Beach r.. FDOT-Contract 2. CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. 3. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 4. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 5. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW, Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 1. Keep and maintain public records required by the CITY to perform the service; 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the City; and, 4. Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, Bid No.PWE24-008—S.E.151 Street Improvements C-6 R&D PAVING LLC. O� r City of Boynton Beach FDOT-Contract upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CITYCLERK@BBFL.US Article 12.E-VERIFY, CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E- Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the Bid No.PWE24-008-S.E.1"Street Improvements C-7 R&D PAVING LLC. City of Boynton Beach FDOT-Contract City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility,"as amended from time to time. This includes but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 13. SCRUTINIZED COMPANIES, By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 14. MISCELLANEOUS, 1. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that Bid No.PWE24-008-S.E.1"Street Improvements C-8 R&D PAVING LLC. l' City of Boynton Beach FDOT-Contract may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3. City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 4. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 5. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 6. At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 7. It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 8. This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 11. This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 15. DEFAULT OF CONTRACT & REMEDIES. Bid No.PWE24-008-S.E.1s`Street Improvements C-9 R&D PAVING LLC. City of Boynton Beach FDOT-Contract . Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 2. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: a) The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. b) The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. c) The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. d) The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. e) The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 3. Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default Bid No.PWE24-008-S.E.1"Street Improvements C-10 R&D PAVING LLC. r'- City of Boynton Beach FDOT-Contract is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. a) Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. b) CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. c) In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. d) Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. Article 16. FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to CONTRACTOR in this section shall also apply to any subcontractor under the terms of this Agreement. 1. Equal Employment Opportunity. During the performance of this contract, CONTRACTOR agrees as follows: a) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, Bid No.PWE24-008-S.E.1°`Street Improvements C-11 R&D PAVING LLC. • City of Boynton Beach FDOT Contract recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c) CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONTRACTOR's legal duty to furnish information. d) CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g) In the event of CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by Bid No.PWE24-008-S.E.15"Street Improvements C-12 R&D PAVING LLC. City of Boynton Beach FDOT-Contract rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h) CONTRACTOR will include the provisions of paragraphs (16.1.1) through (16.1.8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY; and refer the case to the Department of Justice for appropriate legal proceedings. 2. Davis-Bacon Act. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7)as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute,CONTRACTOR must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination Bid No.PWE24-008—S.E. 1'Street Improvements C-13 R&D PAVING LLC. ii City of Boynton Beach n FDOT-Contract made by the Secretary of Labor. In addition, CONTRACTOR must be required to pay wages not less than once a week. 3. Copeland "Anti-Kickback" Act. CONTRACTOR shall comply with the Copeland "Anti-Kickback"Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). CONTRACTOR must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5)CONTRACTOR must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (16.4.1) of this section the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (16.4.1)of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (16.4.1) of this section. c. Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as Bid No.PWE24-008-S.E. 1'Street Improvements C-14 R&D PAVING LLC. City of Boynton Beach FDOT-Contract may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (16.4.2)of this section. d. Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (16.4.1) through (16.4.4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (16.4.1)through (16.4.4)of this section. 5. CONTRACTOR agrees to comply 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. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). a. 16.5.1 Clean Air Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONTRACTOR agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. b. Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 6. Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the contractor's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). a. CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bid No.PWE24-008-S.E.1"Street Improvements C-15 R&D PAVING LLC. r o� • 11\ i City of Boynton Beach ''"• FDOT-Contract b. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7. Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. § 1352). CONSULTANT shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Compliance with State Energy Policy and Conservation Act. CONSULTANT shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). 9. Procurement of Recovered Materials. The CITY and CONSULTANT must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. Reporting. Pursuant to 44 CFR 13.36(i)(7), CONSULTANT shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 11. Rights to Inventions. CONSULTANT agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 12. No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Bid No.PWE24-008-S.E.151 Street Improvements C-16 R&D PAVING LLC. row City of Boynton Beach c 'OH FDOT-Contract 13. Department of Homeland Security (DHS) Seal, Logo, and Flags. CONTRACTOR shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre-approval. 14. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. CONSULTANT will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 15. Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C.Chap. 38 applies to CONSULTANT's actions pertaining to this Agreement. 16. Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. a. Prohibitions. 1) Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232,and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph 16.16.2 of this clause applies, the CONTRACTOR and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d) Provide, as part of its performance of this contract, Bid No.PWE24-008—S.E.15'Street Improvements C-17 R&D PAVING LLC. City of Boynton Beach • FDOT-Contract subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. b. Exceptions. 1) This clause does not prohibit CONTRACTOR from providing: (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i.Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. c. Reporting requirement. 1) In the event CONTRACTOR identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 16.16.3.2 of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The CONTRACTOR shall report the following information pursuant to paragraph 16.16.3.1 of this clause: (i) Within one business day from the date of such identification or notification:The contract number;the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information in paragraph 24.16.3.1 of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The CONTRACTOR shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. Bid No.PWE24-008-S.E.1't Street Improvements C-18 R&D PAVING LLC. (74". City of Boynton Beach FDOT-Contract Article 17. Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Article 18. Affirmative Socioeconomic Steps. If subcontracts are to be let, CONTRACTOR is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)- (5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Article 19. License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the CONTRACTOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, CONTRACTOR will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, CONTRACTOR will deliver to the CONTRACTOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONTRACTOR. Article 20. REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) Bid No.PWE24-008-S.E.15'Street Improvements C-19 R&D PAVING LLC. r eA City of Boynton Beach FDOT-Contract I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services.The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for- proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments,withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to Bid No.PWE24-008-S.E.1"Street Improvements C-20 R&D PAVING LLC. •o, o � City of Boynton Beach ''o“•`• FDOT-Contract material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal Employment Opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations(see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4)& (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff Bid No.PWE24-008-S.E.1"Street Improvements C-21 R&D PAVING LLC. r o, _ 2 o, City of Boynton Beach 4'ON°gyp FDOT-Contract or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against Bid No.PWE24-008—S.E.1s`Street Improvements C-22 R&D PAVING LLC. V no 1 � City of Boynton Beach •''0"'4' FDOT-Contract minorities or women,or obligates the contractor to do the same,such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 14O(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. Bid No.PWE24-008—S.E.15'Street Improvements C-23 R&D PAVING LLC. r o� City of Boynton Beach °~'O'.' FDOT-Contract d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409.Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the Bid No.PWE24-008—S.E.151 Street Improvements C-24 R&D PAVING LLC. lf` • a City of Boynton Beach •~''�'� FDOT-Contract administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable,to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data Bid No.PWE24-008-S.E.1S1 Street Improvements C-25 R&D PAVING LLC. V 0w (Sr, • \_ v I City of Boynton Beach +4'° FDOT-Contract should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas,time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. II. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right- of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117,and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters"with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount Bid No.PWE24-008-S.E.15`Street Improvements C-26 R&D PAVING LLC. r o� City of Boynton Beach N''ON'�' FDOT-Contract of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Bid No.PWE24-008-S.E.r Street Improvements C-27 R&D PAVING LLC. r o� J v City of Boynton Beach ti•49. FDOT-Contract interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Bid No.PWE24-008-S.E.1S1 Street Improvements C-28 R&D PAVING LLC. p� City of Boynton Beach o�~'OM' FDOT-Contract Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required by paragraph 3.b.(2)of this section. (4) The falsification of any of the above certifications may subject the contractor or Bid No.PWE24-008-S.E.15'Street Improvements C-29 R&D PAVING LLC. ♦°A City of Boynton Beach 1.4FDOT FDOT-Contract subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a StatE Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. he allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. Bid No.PWE24-008-S.E.151 Street Improvements C-30 R&D PAVING LLC. V o. 4' City of Boynton Beach •y''0N FDOT-Contract In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the Bid No.PWE24-008—S.E. 1'Street Improvements C-31 R&D PAVING LLC. V DA City of Boynton Beach '��' FDOT-Contract requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination:debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards.As provided in 29 CFR 5.5,disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility(29 CFR 5.5) a. By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. III. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall Bid No.PWE24-008-S.E.151 Street Improvements C-32 R&D PAVING LLC. r o. City of Boynton Beach os~'ON's' FDOT-Contract require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)*for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990). 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5. IV. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). Bid No.PWE24-008—S.E.15`Street Improvements C-33 R&D PAVING LLC. V DA (I\ • \/ Z City of Boynton Beach D•~'D" FDOT-Contract a. The term"perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services)as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph Bid No.PWE24-008—S.E.1s`Street Improvements C-34 R&D PAVING LLC. f p� • \ _ City of Boynton Beach p•~'ON' FDOT-Contract (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). V. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety,as determined under construction safety and health standards(29 CFR Part 1926)promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). VI. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project(23 CFR Part 635)in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,false representation, or false report as to the character,quality,quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or Bid No.PWE24-008—S.E.1"Street Improvements C-35 R&D PAVING LLC. \1 L City of Boynton Beach ~'O" FDOT-Contract to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts,or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." VII. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT(42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q)and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. VIII. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification —First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction.The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The Bid No.PWE24-008—S.E.15`Street Improvements C-36 R&D PAVING LLC. r 0. City of Boynton Beach ''OM•'f FDOT-Contract certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. Bid No.PWE24-008-S.E.15`Street Improvements C-37 R&D PAVING LLC. t(` • \ City of Boynton Beach o~'ON'� FDOT-Contract Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2CFR 180.325. * '*' 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2)of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability(USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. Bid No.PWE24-008—S.E.1s`Street Improvements C-38 R&D PAVING LLC. e. lf` s \ 'r City of Boynton Beach ''ONFDOT-Contract 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 — 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility Bid No.PWE24-008-S.E.151 Street Improvements C-39 R&D PAVING LLC. I o. • {\ z ' City of Boynton Beach O•�'O •4' FDOT-Contract of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (c) is a corporation with any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.* * * * * IX. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee Bid No.PWE24-008—S.E.1"Street Improvements C-40 R&D PAVING LLC. 04, Or City of Boynton Beach '''ON' FDOT-Contract of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. X. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments Bid No.PWE24-008—S.E.1s`Street Improvements C-41 R&D PAVING LLC. • r 1 Z oy ti � City of Boynton Beach '�N.' FDOT-Contract originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service.The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job Bid No.PWE24-008—S.E.1S"Street Improvements C-42 R&D PAVING LLC. ♦°p e • City of Boynton Beach °'°"°°" FDOT-Contract applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Article 21. Anti-Human Trafficking. On or before the Effective Date, the Contractor shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Fla. Stat. Bid No.PWE24-008—S.E.1s`Street Improvements C-43 R&D PAVING LLC. City of Boynton Beach FOOT-Contract This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts,which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this day of eC.ernArNi2nr- , 2025. CITY OF BOYNTON BEACH CONTRACTOR &D PAVIN R ecca Shelton, Mayor (Sig ), CoNiipany Iran ( C R U SS O Print Name of Authorized Official fttic4- 1 1r!GJt.LItr Title Appro as to Form: Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: ca,,,, ,beiv.1-7. Witness n ��. LTi nj I —AZKL Print Name Attested/Authenticated: El%hr'4,NQ � Q, J0F BOYIVT`‘ ••,*(347,:64•;i ORPp•• rp 1 .10‘,MayLee DeJesus,City Clerk ;'V.• s �'li.%►1. VA/COIL •�'s Rap D.i= ; 11 .. 92�TE.: f 111 IC>••. .....• ``,,°RI DA Bid No.PWE24-008—S.E.1st Street Improvements C-1 R&D PAVING LLC. V�w ( tt\ \ V City of Boynton Beach 'OM'`� FDOT-Contract EXHIBIT A PROJECT SCHEDULE AND CONTRACT PRICE BID FORM Project Final Completion shall be TWO HUNDRED SEVENTY DAYS (270) for substantial completion and THIRTY (30) additional days to final completion. PWE 24-008B S.E. 1st STREET IMPROVEMENTS R&D Paving, LLC PAY LINE ITEM EST. NO. NO. _ Description QTY UNIT UNIT PRICE TOTAL Lump 1 Indemnification 1 Sum $25.00 $25.00 SUBTOTAL 25.00 BID SCHEDULE FORM PAY LINE ITEM EST. NO. NO. Description QTY UNIT UNIT PRICE TOTAL 1 101-1 Mobilization 1 LS $467,000.00 $467,000.00 Maintenance of $ $ 2 102-1 Traffic (MOT) plan. 1 LS 365,000.00 365,000.00 104-10- $ $ 3 3 Sediment Barrier 7583 LF 1.50 11,374.50 Inlet Protection $ $ 4 104-18 System 5 EA 165.00 825.00 Monitor Existing Structures - $ $ 5 108-2 Vibration Monitoring 1 LS 69,080.00 69,080.00 Clearing and $ $ 6 110-1-1 Grubbing 4.05 AC 47,000.00 190,350.00 110-4- Removal of Existing $ $ 7 10 Concrete 791 SY 33.00 26,103.00 $ $ 8 110-7-1 Mailbox F&I Single 9 EA 392.00 3,528.00 $ $ 9 120-1 Regular Excavation 3064 CY 33.70 103,256.80 $ $ 10 120-6 Embankment 124 CY 99.00 12,276.00 Bid No.PWE24-008-S.E.151 Street Improvements C-2 R&D PAVING LLC. •p. r. • \ V z City of Boynton Beach o+''o«'�' FDOT-Contract 1183 $ $ 11 160-4 Type B Stabilization 1 SY 21.20 250,817.20 285- Optional Base 1176 $ 12 704 Group 0 SY 24.85 $292,236.00 Milling Existing 327-70- Asphalt Pavement $ $ 13 16 1/2"Average Depth 2425 SY 4.05 9,821.25 Superpave Asphaltic 334-1- Concrete (Traffic C) $ $ 14 53 (PG76-22) 3080 TN 202.25 622,930.00 425-1- Inlets Curb Type P- $ $ 15 312 1 >10' 1 EA 18,370.00 18,370.00 425-1- Inlets Curb Type P- $ $ 16 322 2 >10' 2 EA 20,350.00 40,700.00 425-1- Inlets Curb Type P- $ $ 17 351 5 <10' 2 EA 12,870.00 25,740.00 425-1- Inlets Curb Type P- $ $ 18 352 5 >10' 7 EA 16,528.00 115,696.00 425-1- Inlets Curb Type P- $ $ 19 361 6 >10' 2 EA 14,080.00 28,160.00 425-1- Inlets Curb Type P- $ $ 20 362 6 >10' 4 EA 17,600.00 70,400.00 425-1- Inlets Curb Type J- $ $ 21 452 5 >10' 1 EA 20,460.00 20,460.00 425-1- Inlets Curb Type J- $ $ 22 462 6 >10' 1 EA 20,570.00 20,570.00 425-1- Inlets DT Bot Type $ $ 23 521 C <10' 4 EA 9,020.00 36,080.00 425-1- Inlets DT Bot Type $ $ 24 524 C J-Bot >10' 1 EA 16,170.00 16,170.00 425-1- Inlets DT Bot Type $ $ 25 525 C Partial 7 EA 3,300.00 23,100.00 425-1- Inlets Gutter Type V $ $ 26 711 <10' 9 EA 8,525.00 76,725.00 425-1- Inlets Gutter Type V $ $ 27 713 J Bot <10' 1 EA 15,400.00 15,400.00 425-2- $ $ 28 41 Manholes P-7 <10' 6 EA 7,810.00 46,860.00 425-2- $ $ 29 42 Manholes P-7 <10' 1 EA 11,220.00 11,220.00 Bid No.PWE24-008—S.E.151 Street Improvements C-3 R&D PAVING LLC. r o� • _ • V City of Boynton Beach }~'O»'`' FDOT-Contract 425-2- Manholes P-7 $ $ 30 43 Partial 4 EA 5,170.00 20,680.00 $ $ 31 425-5 Manhole Adjust 1 EA 935.00 935.00 Manhole Adjust $ $ 32 425-5-1 Utilities 18 EA 935.00 16,830.00 $ $ 33 425-6 Valve Boxes Adjust 13 EA 825.00 10,725.00 $ $ 34 425-10 Yard Drain 1 EA 9,020.00 9,020.00 430- Pipe Culvert 175- Optional Material $ $ 35 115 Round 15" S/CD 8 LF 413.00 3,304.00 430- Pipe Culvert 175- Optional Material $ $ 36 118 Round 18" S/CD 351 LF 242.00 84,942.00 430- Pipe Culvert 175- Optional Material $ $ 37 124 Round 24" S/CD 99 LF 462.00 45,738.00 443-70- $ $ 38 4 French Drain 24" 1722 LF 275.00 473,550.00 Concrete Curb and $ $ 39 520-1-7 Gutter Type E 257 LF 67.70 17,398.90 520-1- Concrete Curb and $ $ 40 10 Gutter Type F 3945 LF 35.40 139,653.00 Concrete Curb $ $ 41 520-2-4 Type D 555 LF 24.60 13,653.00 , 520-2- Concrete Curb $ $ 42 10 Header Curb 1477 LF 36.45 53,836.65 Valley Gutter— $ $ 43 520-3 Concrete 1742 LF 36.65 63,844.30 Concrete Sidewalk and Driveways 4" $ $ 44 522-1 Thick 3196 SY 52.60 168,109.60 Concrete Sidewalk and Driveways 6" $ $ 45 522-2 Thick 2372 SY 68.20 161,770.40 Detectable $ $ 46 527-2 Warnings 984 SF _ 24.45 24,058.80 550-10- Fencing Type B $ $ 47 220 5.1-6.0' Standard 117 LF 40.45 4,732.65 Bid No.PWE24-008-S.E.1"Street Improvements C-4 R&D PAVING LLC. • ((\ z City of Boynton Beach � 'o"' FDOT-Contract Performance Turf $ $ 48 570-1-2 Sod 2464 SY 14.90 36,713.60 1644- $ $ 49 300 Fire Hydrant Install 11 EA 33,275.00 366,025.00 1644- Fire Hydrant $ $ 50 900 Remove 10 EA 1,980.00 19,800.00 $ SUBTOTAL 4,725,568.65 PAY LINE ITEM EST. UNIT NO. NO. Description QTY UNIT PRICE TOTAL Single Post Sign F&I Ground Mount up to 700-1- 12 SF $ $ 51 11 46 AS 743.00 34,178.00 Single Post Sign F&I 700-1- Ground Mount 12-20 $ $ 52 12 SF 3 AS 2,420.00 7,260.00 700-1- Single Post Sign $ $ 53 60 Remove 35 AS 121.00 4,235.00 Raised Pavement Marker Type B without Final Surface Markings (Mono-Directional $ $ 54 706-1-3 Yellow) 42 EA 6.05 254.10 Raised Pavement Marker Type B without Final Surface Markings $ $ 55 706-1-3 (Yellow/Yellow) 137 EA 6.05 828.85 Raised Pavement Marker Type B without Final Surface Markings $ $ 56 706-1-3 (Blue/Blue) 22 EA 7.15 157.30 Painted Pavement Markings Final Surface $ $ 57 710-90 1 LS 9,876.00 9,876.00 Thermoplastic Standard White 12" for Crosswalk and 711- 58 11123 Roundabout 103 LF 3.65 375.95 Bid No.PWE24-008—S.E.1s`Street Improvements C-5 R&D PAVING LLC. I z v City of Boynton Beach 'O"' FDOT-Contract Thermoplastic Standard White 18" 711- for Diagonal and $ $ 59 11124 Chevron 102 LF 4.40 448.80 Thermoplastic Standard White Solid 711- 24"for Stop Line and $ $ 60 11125 Crosswalk 368 LF 5.55 2,042.40 Thermoplastic Standard White 2-4 Dotted Guideline/6- 711- 10 Dotted Extension $ $ 61 11141 6" 0.01 GM 2,505.00 25.05 Ail Thermoplastic 711- Standard White $ $ 62 11160 Message or Symbol 4 EA 495.00 1,980.00 Thermoplastic 111 711- Standard White $ $ 63 11170 Arrows 1 EA 61.00 61.00 Thermoplastic Standard Yellow 2-4 Dotted Guideline/6- 711- 10 Dotted Extension $ $ 64 11241 Line 6" 0.082 GM 2,505.00 205.41 Thermoplastic Standard-Other 711- Surfaces White Solid $ $ 65 16101 6 0.111 GM 6,389.00 709.18 Thermoplastic Standard-Other Surfaces Yellow Solid 711- 6" $ $ 66 16201 0.929 GM 6,389.00 5,935.38 SUBTOTAL 68,572.42 ALLOWANCE S PAY LINE ITEM EST. NO. NO. Description QTY UNIT UNIT PRICE TOTAL Irrigation System Lump $ $ 1 RD-1 Modifications 1 Sum 10,000.00 10,000.00 Bid No.PWE24-008—S.E.15`Street Improvements C-6 R&D PAVING LLC. z City of Boynton Beach '° '`' FDOT-Contract Video Allowance Lump $ $ 2 RD-2 1 Sum 20,000.00 20,000.00 Tree Allowance Lump $ $ 3 RD-3 1 Sum 15,000.00 15,000.00 Miscellaneous Metals Lump $ $ 4 RD-4 Allowance 1 Sum 1,000.00 1,000.00 Water Main Lump $ $ 5 RD-5 Modifications 1 Sum 15,000.00 15,000.00 SUBTOTAL 61,000.00 _1111111=1111M1 $ GRAND TOTAL 4,855,166.07 Bid No.PWE24-008-S.E.1St Street Improvements C-7 R&D PAVING LLC. (fit Y OA l f,_ \\ V City of Boynton Beach o��' FDOT-Contract EXHIBIT B FDOT REQUIREMENTS FOR LAP CLASS D Bid No.PWE24-008—S.E. 1'Street Improvements C-8 R&D PAVING LLC. r,Tv o„ c roti v AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below("Entity"), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking." Date: August 13 , 2025 Signed a Entity: R&D Paving, LLC Name: Nancy G. Rosso Title: President STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by means of ® physical presence or D online notarization, this 131h day of August , 20 25 , by Nancy G. Rosso , as President R&D Paving, LLC for has produced ,who is personally known to me or who as identification. Notary Public Signature.',, D.tsjto State of Florida at Large(Seal) Print Name: 7;30/.4- 0.J.AKKE. My commission expires: Z//'r/, D'b PAULETTA CLARKE Notary Public•State of Florida Commission A HH 423675 a rk° My Comm.Expires Jul 19,2027 ....Bonded through National Notary Assn. City of Boynton Beach FM#446078-1-58-01 Page 21 of 106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-46 LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT Pape 1o'2 CONFIDENTIAL per Ch 337.14(1)F.S. For bids to be received on 8/15/2025 Fill in your FDOT Vendor Number (Letting Date) VF 454469049001 (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the"Status of Contracts on Hand" report(page 2) $ 2,209,743.10 I further certify that the"Status of Contracts on Hand"report(page 2)was prepared as follows: 1. If the letting is before the 25th day of the month, the certificate and report retied the uncompleted work as of the 15' day of the month, last preceding the month of the letting. 2. If the letting is after the 25'"day of the month, the certificate and report reflects the uncompleted work in progress as of the 15t"day of the month of the letting. 3 All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against our total rating. R& D Paving, LLC I certify that the information above is correct. NAME OEE FIRM Sworn to and subscribed this 13th day By: of August 20 25 ncy G. Rosso / President Title City of Boynton Beach FM#446078-1-58-01 Page 22 of 106 525-010-46 STATUS OF CONTRACTS ON HAND PROGRAM MANAGEMENT o9rza Page 2°f2 (Furnish complete information about all your contracts, whether prime or subcontracts; whether in progress or awarded, but not yet begun; and regardless of whom contracted with.) _—....__ 1 2 3 4 5 6 CONTRACT UNCOMPLETED AMOUNT TO BE DONE PROJECTS (OR AMOUNT BALANCE OF BY YOU OWNER, LOCATION AND DESCRIPTION SUBCONTRACT) SUBLET CONTRACT AMOUNT TO OTHERS AMOUNT AS PRIME AS CONTRACTOR SUBCONTRACTOR Village of Royal Palm-La Mancha Underdrain $5,069,848.45 $2,529,809.00 $2,540.039.45 $1,120,000.00 Palm Beach County-Haverhill Road /Ceciele Ave $1,132,110.70 $400,000.00 $732,110.70 $732,110.70 $647,632.40 $250,000.00 $397,632.40 $357,632.40 Palm Beach County-Blue Heron/Congress Ave NOTE: Columns 2 and 3 to show total contract(or subcontract)amounts. Column 4 to be difference between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All TOTALS $2,209,743.10 $0.00 amounts to be shown to nearest$100. The Contractor may consolidate and list as a single item all contracts which, individually,do not exceed 3%of total, and which, in the aggregate, amount to less than TOTAL UNCOMPLETED WORK ON 20%of the total. HAND TO BE DONE BY YOU $2,209,743.10 (TOTAL COLUMNS 5 AND 6) City of Boynton Beach FM#446078-1-58-01 Page 40 of 106 FHWA-1273-- Revised July 5.2022 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I. General and with the assistance of workers under the contractors II. Nondiscrimination immediate superintendence and to all work performed on the III Non-segregated Facilities contract by piecework,station work,or by subcontract 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety:Accident Prevention withholding of progress payments.withholding of final VIII. False Statements Concerning Highway Projects payment.termination of the contract,suspension/debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor:During the performance of this contract, Xl. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole.supervised release.or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors A.Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230,Subpart A.Appendix A;EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23,United States construction contracts and to all related construction Code.as required in 23 CFR 633.102(b)(excluding subcontracts of$10.000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal) The Part 230 are not applicable to material supply.engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders. rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies:Executive Order 11246,41 CFR 633.102(e). Part 60.29 CFR Parts 1625-1627.23 U.S.C. 140.Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.0 incorporated by reference for work done under any purchase 2000d et seq.).and related regulations including 49 CFR Parts order.rental agreement or agreement for other services. The 21,26.and 27;and 23 CFR Parts 200.230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000. Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts.in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding subcontracts for design services. purchase orders,rental agreements and other agreements for Note:The U.S.Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and however.the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.).and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders.rental 21,26.and 27:and 23 CFR Parts 200.230.and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230. Subpart A,Appendix A.with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements. 1 City of Boynton Beach FM#446078-1-58-01 Page 41 of 106 1.Equal Employment Opportunity: Equal Employment d Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or imposed pursuant to 23 U.S C. 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4. Recruitment:When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation."An Equal Opportunity Employer." All such are incorporated by reference in this contract In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO which the project work force would normally be derived. a.The contractor will work with the contracting agency and a The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women To of activities under the contract 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the sexual orientation,gender identity,color,national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion.or transfer:recruitment or recruitment compliance with EEO contract provisions. Where advertising:layoff or termination;rates of pay or other forms implementation of such an agreement has the effect of of compensation:and selection for training,including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same.such implementation violates training." Federal nondiscrimination provisions 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees must be assigned adequate authority and responsibility to do so 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered.and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type,including hiring,upgrading. staff who are authorized to hire,supervise.promote,and promotion,transfer,demotion,layoff,and termination.shall be discharge employees,or who recommend such action or are taken without regard to race,color,religion.sex,sexual substantially involved in such action,will be made fully orientation,gender identity, national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months,at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract.will attempt to resolve women. such complaints,and will take appropriate corrective action 2 City of Boynton Beach FM#446078-1-58-01 Page 42 of 106 within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation.the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended.and these 6.Training and Promotion: special provisions.such contractor shall immediately notify the contracting agency a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/ applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations.the would cause an undue hardship contractor shall make full use of training programs(i.e.. apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract. discriminate on the grounds of race,color.religion.sex.sexual this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in special provision The contracting agency may reserve the selection and retention of subcontractors.including training positions for persons who receive welfare assistance procurement of materials and leases of equipment The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers.and lessors of their EEO obligations under this contract d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference. contractor's association acting as agent,will include the procedures set forth below: b. The contractor.subrecipient or subcontractor shall not discriminate on the basis of race,color,national origin,or sex a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry cooperation with the unions.joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts.Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract,which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to: EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments: union will be contractually bound to refer applicants without (2)Assessing sanctions: regard to their race,color,religion,sex,sexual orientation. (3)Liquidated damages;and/or gender identity,national origin.age.or disability (4)Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor.the contractor shall so certify to 11.Records and Reports:The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts.fill the employment vacancies without regard to race,color,religion,sex.sexual a. The records kept by the contractor shall document the orientation,gender identity,national origin,age,or disability, following: making full efforts to obtain qualified and/or qualifiable minorities and women The failure of a union to provide 3 City of Boynton Beach FM#446078-1-58-01 Page 43 of 106 (1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project; (2)The progress and efforts being made in cooperation The following provisions are from the U.S.Department of with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and opportunities for minorities and women,and related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (3)The progress and efforts being made in locating,hiring, training,qualifying.and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5) b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of a. All laborers and mechanics employed or working upon the project indicating the number of minority,women,and non- the site of the work,will be paid unconditionally and not less minority group employees currently engaged in each work often than once a week,and without subsequent deduction or classification required by the contract work. This information is rebate on any account(except such payroll deductions as are to be reported on Form FHWA-1391. The staffing data should permitted by regulations issued by the Secretary of Labor represent the project work force on board in all or any part of under the Copeland Act(29 CFR part 3)),the full amount of the last payroll period preceding the end of July. If on-the-job wages and bona fide fringe benefits(or cash equivalents training is being required by special provision,the contractor thereof)due at time of payment computed at rates not less will be required to collect and report training data. The than those contained in the wage determination of the employment data should reflect the work force on board during Secretary of Labor which is attached hereto and made a part all or any part of the last payroll period preceding the end of hereof,regardless of any contractual relationship which may July be alleged to exist between the contractor and such laborers and mechanics. III.NONSEGREGATED FACILITIES Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon This provision is applicable to all Federal-aid construction Act on behalf of laborers or mechanics are considered wages contracts and to all related construction subcontracts of more paid to such laborers or mechanics.subject to the provisions than$10.000. 41 CFR 60-1.5 of paragraph 1.d of this section;also,regular contributions made or costs incurred for more than a weekly period(but not As prescribed by 41 CFR 60-1 8,the contractor must ensure less often than quarterly)under plans,funds.or programs that facilities provided for employees are provided in such a which cover the particular weekly period,are deemed to be manner that segregation on the basis of race,color,religion, constructively made or incurred during such weekly period. sex,sexual orientation,gender identity.or national origin Such laborers and mechanics shall be paid the appropriate cannot result. The contractor may neither require such wage rate and fringe benefits on the wage determination for segregated use by written or oral policies nor tolerate such use the classification of work actually performed.without regard to by employee custom The contractor's obligation extends skill,except as provided in 29 CFR 5.5(a)(4).Laborers or further to ensure that its employees are not assigned to mechanics performing work in more than one classification perform their services at any location under the contractor's may be compensated at the rate specified for each control where the facilities are segregated The term"facilities" classification for the time actually worked therein.Provided, includes waiting rooms,work areas,restaurants and other That the employer's payroll records accurately set forth the eating areas,time clocks.restrooms.washrooms,locker time spent in each classification in which work is performed. rooms and other storage or dressing areas,parking lots, The wage determination(including any additional classification drinking fountains,recreation or entertainment areas, and wage rates conformed under paragraph 1 b.of this transportation,and housing provided for employees The section)and the Davis-Bacon poster(WH-1321)shall be contractor shall provide separate or single-user restrooms and posted at all times by the contractor and its subcontractors at necessary dressing or sleeping areas to assure privacy the site of the work in a prominent and accessible place where between sexes it can be easily seen by the workers IV. DAVIS-BACON AND RELATED ACT PROVISIONS b.(1)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the This section is applicable to all Federal-aid construction contract shall be classified in conformance with the wage projects exceeding$2.000 and to all related subcontracts and determination.The contracting officer shall approve an lower-tier subcontracts(regardless of subcontract size),in additional classification and wage rate and fringe benefits accordance with 29 CFR 5.5. The requirements apply to all therefore only when the following criteria have been met: projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U S C 113. This excludes roadways functionally classified as local roads (i)The work to be performed by the classification or rural minor collectors,which are exempt. 23 U.S.0 101. requested is not performed by a classification in the wage Where applicable law requires that projects be treated as a determination;and project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project. Examples (ii)The classification is utilized in the area by the include Surface Transportation Block Grant Program projects construction industry,and funded under 23 U.S.C. 133[excluding recreational trails projects].the Nationally Significant Freight and Highway 4 City of Boynton Beach FM#446078-1-58-01 Page 44 of 106 (iii)The proposed wage rate.including any bona fide including apprentices.trainees,and helpers,employed by the fringe benefits.bears a reasonable relationship to the contractor or any subcontractor the full amount of wages wage rates contained in the wage determination. required by the contract. In the event of failure to pay any laborer or mechanic.including any apprentice.trainee.or (2)If the contractor and the laborers and mechanics to be helper,employed or working on the site of the work,all or part employed in the classification(if known).or their of the wages required by the contract.the contracting agency representatives.and the contracting officer agree on the may,after written notice to the contractor,take such action as may be necessary to cause the suspension of any further classification and wage rate(including the amount Payment,advance,or guarantee of funds until such violations designated for fringe benefits where appropriate).a report of the action taken shall be sent by the contracting officer to the have ceased. Administrator of the Wage and Hour Division, U S. Department of Labor,Washington. DC 20210.The 3. Payrolls and basic records(29 CFR 5.5) Administrator,or an authorized representative.will approve, modify,or disapprove every additional classification action a. Payrolls and basic records relating thereto shall be within 30 days of receipt and so advise the contracting maintained by the contractor during the course of the work and officer or will notify the contracting officer within the 30-day preserved for a period of three years thereafter for all laborers period that additional time is necessary. and mechanics working at the site of the work.Such records shall contain the name.address,and social security number of (3)In the event the contractor,the laborers or mechanics each such worker,his or her correct classification,hourly rates to be employed in the classification or their representatives, of wages paid(including rates of contributions or costs and the contracting officer do not agree on the proposed anticipated for bona fide fringe benefits or cash equivalents classification and wage rate(including the amount thereof of the types described in section 1(b)(2)(B)of the designated for fringe benefits,where appropriate),the Davis-Bacon Act),daily and weekly number of hours worked, contracting officer shall refer the questions,including the deductions made and actual wages paid.Whenever the views of all interested parties and the recommendation of the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that contracting officer,to the Administrator for determination. the wages of any laborer or mechanic include the amount of The Administrator.or an authorized representative,will issue any costs reasonably anticipated in providing benefits under a a determination within 30 days of receipt and so advise the plan or program described in section 1(b)(2)(B)of the Davis- contracting officer or will notify the contracting officer within Bacon Act,the contractor shall maintain records which show the 30-day period that additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible.and that the (4)The wage rate fringe benefits plan or program has been communicated in writing to the hewdetermined(including fringe to where.(2)or laborers or mechanics affected,and records which show the ro)appropriate)othis etesecrminion. d shall pursuantbpaid to all paragraphsworphperforming costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided.That the Secretary of (e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site.The prime contractor is responsible for the obligations under the plan or program submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social (29 CFR 5 5) security number and current address of each covered worker. 2. Withholding and shall provide them upon request to the contracting agency for transmission to the State DOT,the FHWA or the Wage and The contracting agency shall upon its own action or upon Hour Division of the Department of Labor for purposes of an written request of an authorized representative of the investigation or audit of compliance with prevailing wage Department of Labor.withhold or cause to be withheld from requirements.It is not a violation of this section for a prime the contractor under this contract,or any other Federal contractor to require a subcontractor to provide addresses and contract with the same prime contractor.or any other federally- social security numbers to the prime contractor for its own assisted contract subject to Davis-Bacon prevailing wage records.without weekly submission to the contracting agency. requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be (2)Each payroll submitted shall be accompanied by a considered necessary to pay laborers and mechanics. 'Statement of Compliance: signed by the contractor or 5 City of Boynton Beach FM#446078-1-58-01 Page 45 of 106 subcontractor or his or her agent who pays or supervises the Apprenticeship Agency(where appropriate)to be eligible for payment of the persons employed under the contract and shall probationary employment as an apprentice. certify the following: The allowable ratio of apprentices to journeymen on the job (i)That the payroll for the payroll period contains the site in any craft classification shall not be greater than the ratio information required to be provided under 29 CFR permitted to the contractor as to the entire work force under 5.5(a)(3)(ii),the appropriate information is being the registered program.Any worker listed on a payroll at an maintained under 29 CFR 5.5(a)(3)(i).and that such apprentice wage rate,who is not registered or otherwise information is correct and complete: employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the (ii)That each laborer or mechanic(including each classification of work actually performed. In addition,any helper.apprentice.and trainee)employed on the contract apprentice performing work on the job site in excess of the during the period has been paid the weekly ratio permitted under the registered program shall be paid not wages earned.payroll period rebate,either directly fulloless than the applicable wage rate on the wage determination and that r ed .without have been made eithertly indirectly,directic or for the work actually performed.Where a contractor is indirectly from the fullowagese earned.other than performing construction on a project in a locality other than that in which its program is registered.the ratios and wage permissible deductions as set forth in 29 CFR part 3: rates(expressed in percentages of the journeyman's hourly rate)specified in the contractors or subcontractor's registered (iii)That each laborer or mechanic has been paid not program shall be observed. less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed. Every apprentice must be paid at not less than the rate as specified in the applicable wage determination specified in the registered program for the apprentice's level of incorporated into the contract. progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. (3)The weekly submission of a properly executed Apprentices shall be paid fringe benefits in accordance with certification set forth on the reverse side of Optional Form the provisions of the apprenticeship program. If the WH-347 shall satisfy the requirement for submission of the apprenticeship program does not specify fringe benefits, "Statement of Compliance"required by paragraph 3.b.(2)of apprentices must be paid the full amount of fringe benefits this section. listed on the wage determination for the applicable classification.If the Administrator determines that a different practice prevails for the applicable apprentice classification, (4)The falsification of any of the above certifications may fringes shall be paid in accordance with that determination. subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency c The contractor or subcontractor shall make the records recognized by the Office.withdraws approval of an required under paragraph 3.a.of this section available for apprenticeship program,the contractor will no longer be inspection.copying.or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency.the State DOT.the predetermined rate for the work performed until an acceptable FHWA,or the Department of Labor.and shall permit such program is approved. representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available.the FHWA may. b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees(29 CFR 5.5) Administration. a Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor.Employment and Training Administration.Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training.Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits.trainees shall be paid the full amount of fringe program,who is not individually registered in the program.but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the 6 City of Boynton Beach FM#446078-1-58-01 Page 46 of 106 corresponding journeyman wage rate on the wage set forth in 29 CFR parts 5,6.and 7.Disputes within the determination which provides for less than full fringe benefits meaning of this clause include disputes between the contractor for apprentices.Any employee listed on the payroll at a trainee (or any of its subcontractors)and the contracting agency.the rate who is not registered and participating in a training plan U S. Department of Labor,or the employees or their approved by the Employment and Training Administration shall representatives be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 10.Certification of eligibility(29 CFR 5.5) In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the a By entering into this contract,the contractor certifies that wage determination for the work actually performed. neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to In the event the Employment and Training Administration be awarded Government contracts by virtue of section 3(a)of withdraws approval of a training program,the contractor will no the Davis-Bacon Act or 29 CFR 5.12(a)(1). longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an b. No part of this contract shall be subcontracted to any person acceptable program is approved or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c.Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be c The penalty for making false statements is prescribed in the in conformity with the equal employment opportunity U.S.Criminal Code. 18 U.S.C. 1001 requirements of Executive Order 11246,as amended,and 29 CFR part 30. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT d. Apprentices and Trainees(programs of the U.S.DOT). Pursuant to 29 CFR 5.5(b),the following clauses apply to any Apprentices and trainees working under apprenticeship and Federal-aid construction contract in an amount in excess of skill training programs which have been certified by the $100,000 and subject to the overtime provisions of the Secretary of Transportation as promoting EEO in connection Contract Work Hours and Safety Standards Act.These with Federal-aid highway construction programs are not clauses shall be inserted in addition to the clauses required by subject to the requirements of paragraph 4 of this Section IV. 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the 23 CFR 230.111(e)(2).The straight time hourly wage rates for terms laborers and mechanics include watchmen and guards. apprentices and trainees under such programs will be established by the particular programs.The ratio of 1.Overtime requirements. No contractor or subcontractor apprentices and trainees to journeymen shall not be greater contracting for any part of the contract work which may require than permitted by the terms of the particular program. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 5.Compliance with Copeland Act requirements. The workweek in which he or she is employed on such work to contractor shall comply with the requirements of 29 CFR part work in excess of forty hours in such workweek unless such 3,which are incorporated by reference in this contract as laborer or mechanic receives compensation at a rate not less provided in 29 CFR 5.5. than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 6.Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the 2.Violation; liability for unpaid wages; liquidated subcontractors to include Form FH WA-1273 in any lower tier damages. In the event of any violation of the clause set forth subcontracts.The prime contractor shall be responsible for the in paragraph 1 of this section,the contractor and compliance by any subcontractor or lower tier subcontractor any with all the contract clauses in 29 CFR 5.5. subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done 7.Contract termination:debarment. A breach of the under contract for the District of Columbia or a territory,to such contract clauses in 29 CFR 5 5 may be grounds for termination District or to such territory).for liquidated damages. Such of the contract,and for debarment as a contractor and a liquidated damages shall be computed with respect to each subcontractor as provided in 29 CFR 5.12. individual laborer or mechanic.including watchmen and guards,employed in violation of the clause set forth in 8.Compliance with Davis-Bacon and Related Act paragraph 1 of this section,in the sum currently provided in 29 requirements. All rulings and interpretations of the Davis- CFR 5.5(b)(2)'for each calendar day on which such individual Bacon and Related Acts contained in 29 CFR parts 1,3.and 5 was required or permitted to work in excess of the standard are herein incorporated by reference in this contract as workweek of forty hours without payment of the overtime provided in 29 CFR 5.5 wages required by the clause set forth in paragraph 1 of this section 29 CFR 5.5. 9.Disputes concerning labor standards.As provided in 29 $27 as of January 23.2019(See 84 FR 213-01,218)as may CFR 5.5.disputes arising out of the labor standards provisions be adjusted annually by the Department of Labor,pursuant to of this contract shall not be subject to the general disputes the Federal Civil Penalties Inflation Adjustment Act of 1990) clause of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor 7 City of Boynton Beach FM#446078-1-58-01 Page 47 of 106 3.Withholding for unpaid wages and liquidated damages. equipment not ordinarily available in the type of contracting The FHWA or the contacting agency shall upon its own action organizations qualified and expected to bid or propose on the or upon written request of an authorized representative of the contract as a whole and in general are to be limited to minor Department of Labor withhold or cause to be withheld.from components of the overall contract. 23 CFR 635.102. any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 2.Pursuant to 23 CFR 635.116(a),the contract amount upon other Federal contract with the same prime contractor,or any which the requirements set forth in paragraph(1)of Section VI other federally-assisted contract subject to the Contract Work is computed includes the cost of material and manufactured Hours and Safety Standards Act,which is held by the same products which are to be purchased or produced by the prime contractor,such sums as may be determined to be contractor under the contract provisions necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as 3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish provided in the clause set forth in paragraph 2 of this section. (a)a competent superintendent or supervisor who is employed 29 CFR 5 5. by the firm.has full authority to direct performance of the work in accordance with the contract requirements,and is in charge 4. of all construction operations(regardless of who performs the Subcontracts. The contractor or subcontractor shall insert work)and(b)such other of its own organizational resources in any subcontracts the clauses set forth in paragraphs 1 through (supervision,management,and engineering services)as the 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier contracting officer determines is necessary to assure the subcontracts.The prime contractor shall be responsible for Performance of the contract compliance by any subcontractor or lower tier subcontractor 4.No portion of the contract shall be sublet,assigned or with the clauses set forth in paragraphs 1 through 4 of this otherwise disposed of except with the written consent of the section 29 CFR 5.5. contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the VI.SUBLETTING OR ASSIGNING THE CONTRACT contract. Written consent will be given only after the contracting agency has assured that each subcontract is This provision is applicable to all Federal-aid construction evidenced in writing and that it contains all pertinent provisions contracts on the National Highway System pursuant to 23 CFR and requirements of the prime contract.(based on long- 635 116. standing interpretation of 23 CFR 635.116). 1.The contractor shall perform with its own organization 5. The 30-percent self-performance requirement of paragraph contract work amounting to not less than 30 percent(or a (1)is not applicable to design-build contracts;however, greater percentage if specified elsewhere in the contract)of contracting agencies may establish their own self-performance the total original contract price,excluding any specialty items requirements. 23 CFR 635.116(d). designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total VII.SAFETY:ACCIDENT PREVENTION original contract price before computing the amount of work required to be performed by the contractor's own organization This provision is applicable to all Federal-aid construction (23 CFR 635 116). contracts and to all related subcontracts. a. The term"perform work with its own organization"in 1. In the performance of this contract the contractor shall paragraph 1 of Section VI refers to workers employed or comply with all applicable Federal,State.and local laws leased by the prime contractor,and equipment owned or governing safety,health,and sanitation(23 CFR Part 635). rented by the prime contractor,with or without operators. The contractor shall provide all safeguards.safety devices and Such term does not include employees or equipment of a protective equipment and take any other needed actions as it subcontractor or lower tier subcontractor,agents of the prime determines.or as the contracting officer may determine.to be contractor.or any other assignees. The term may include reasonably necessary to protect the life and health of payments for the costs of hiring leased employees from an employees on the job and the safety of the public and to employee leasing firm meeting all relevant Federal and State protect property in connection with the performance of the regulatory requirements. Leased employees may only be work covered by the contract. 23 CFR 635.108. included in this term if the prime contractor meets all of the following conditions:(based on longstanding interpretation) 2 It is a condition of this contract.and shall be made a condition of each subcontract.which the contractor enters into (1)the prime contractor maintains control over the pursuant to this contract.that the contractor and any supervision of the day-to-day activities of the leased subcontractor shall not permit any employee,in performance employees; of the contract,to work in surroundings or under conditions (2)the prime contractor remains responsible for the quality which are unsanitary.hazardous or dangerous to his/her of the work of the leased employees, health or safety.as determined under construction safety and (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls,statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative b."Specialty Items"shall be construed to be limited to work thereof.shall have right of entry to any site of contract that requires highly specialized knowledge.abilities,or performance to inspect or investigate the matter of compliance 8 City of Boynton Beach FM#446078-1-58-01 Page 48 of 106 with the construction safety and health standards and to carry or regulations issued pursuant to the Clean Air Act(42 U.S.C. out the duties of the Secretary under Section 107 of the 7401-7671q)and the Federal Water Pollution Control Act,as Contract Work Hours and Safety Standards Act(40 U.S.C. amended(33 U.S.C. 1251-1387).Violations must be reported 3704). to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS The contractor agrees to include or cause to be included the requirements of this Section in every subcontract,and further This provision is applicable to all Federal-aid construction agrees to take such action as the contracting agency may contracts and to all related subcontracts. direct as a means of enforcing such requirements 2 CFR 200.326. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers,contractors,suppliers.and workers on Federal- X.CERTIFICATION REGARDING DEBARMENT, aid highway projects.it is essential that all persons concerned SUSPENSION,INELIGIBILITY AND VOLUNTARY with the project perform their functions as carefully,thoroughly, EXCLUSION and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the This provision is applicable to all Federal-aid construction project is a violation of Federal law. To prevent any contracts,design-build contracts,subcontracts,lower-tier misunderstanding regarding the seriousness of these and subcontracts,purchase orders,lease agreements,consultant similar acts.Form FHWA-1022 shall be posted on each contracts or any other covered transaction requiring FHWA Federal-aid highway project(23 CFR Part 635)in one or more approval or that is estimated to cost$25,000 or more— as places where it is readily available to all persons concerned defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and with the project 1200.220. 18 U.S.C. 1020 reads as follows: 1.Instructions for Certification—First Tier Participants: "Whoever,being an officer,agent.or employee of the United a By signing and submitting this proposal,the prospective States,or of any State or Territory,or whoever.whether a first tier participant is providing the certification set out below. person,association,firm,or corporation,knowingly makes any false statement.false representation,or false report as to the b.The inability of a person to provide the certification set out character,quality,quantity.or cost of the material used or to below will not necessarily result in denial of participation in this be used,or the quantity or quality of the work performed or to covered transaction.The prospective first tier participant shall be performed,or the cost thereof in connection with the submit an explanation of why it cannot provide the certification submission of plans.maps.specifications,contracts,or costs set out below.The certification or explanation will be of construction on any highway or related project submitted for considered in connection with the department or agency's approval to the Secretary of Transportation:or determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a Whoever knowingly makes any false statement.false certification or an explanation shall disqualify such a person representation,false report or false claim with respect to the from participation in this transaction. 2 CFR 180.320. character.quality.quantity.or cost of any work performed or to be performed.or materials furnished or to be furnished.in c.The certification in this clause is a material representation connection with the construction of any highway or related of fact upon which reliance was placed when the contracting project approved by the Secretary of Transportation,or agency determined to enter into this transaction.If it is later determined that the prospective participant knowingly rendered Whoever knowingly makes any false statement or false an erroneous certification,in addition to other remedies representation as to material fact in any statement.certificate. available to the Federal Government,the contracting agency or report submitted pursuant to provisions of the Federal-aid may terminate this transaction for cause of default 2 CFR Roads Act approved July 11. 1916,(39 Stat.355).as 180 325. amended and supplemented; d.The prospective first tier participant shall provide Shall be fined under this title or imprisoned not more than 5 immediate written notice to the contracting agency to whom years or both" this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL circumstances. 2 CFR 180.345 and 180.350 WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 CFR 200 88:EO 11738) e The terms"covered transaction,""debarred." "suspended.""ineligible.""participant,""person,""principal," This provision is applicable to all Federal-aid construction and"voluntarily excluded."as used in this clause.are defined contracts in excess of$150,000 and to all related in 2 CFR Parts 180.Subpart I. 180.900-180.1020.and 1200. subcontracts. 48 CFR 2.101;2 CFR 200.326 "First Tier Covered Transactions"refers to any covered transaction between a recipient or subrecipient of Federal By submission of this bid/proposal or the execution of this funds and a participant(such as the prime or general contract). contract or subcontract,as appropriate,the bidder,proposer, "Lower Tier Covered Transactions"refers to any covered Federal-aid construction contractor,subcontractor.supplier,or transaction under a First Tier Covered Transaction(such as vendor agrees to comply with all applicable standards.orders subcontracts). "First Tier Participant"refers to the participant 9 City of Boynton Beach FM#446078-1-58-01 Page 49 of 106 who has entered into a covered transaction with a recipient or (2) Have not within a three-year period preceding this subrecipient of Federal funds(such as the prime or general proposal been convicted of or had a civil judgment rendered contractor). "Lower Tier Participant"refers any participant who against them for commission of fraud or a criminal offense in has entered into a covered transaction with a First Tier connection with obtaining,attempting to obtain,or performing Participant or other Lower Tier Participants(such as a public(Federal.State,or local)transaction or contract under subcontractors and suppliers). a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft.forgery, f.The prospective first tier participant agrees by submitting bribery.falsification or destruction of records,making false this proposal that,should the proposed covered transaction be statements,or receiving stolen property,2 CFR 180.800: entered into.it shall not knowingly enter into any lower tier covered transaction with a person who is debarred. (3) Are not presently indicted for or otherwise criminally or suspended,declared ineligible,or voluntarily excluded from civilly charged by a governmental entity(Federal,State or participation in this covered transaction,unless authorized by local)with commission of any of the offenses enumerated in the department or agency entering into this transaction. 2 paragraph(a)(2)of this certification.2 CFR 180.700 and CFR 180.330. 180.800;and g.The prospective first tier participant further agrees by (4) Have not within a three-year period preceding this submitting this proposal that it will include the clause titled application/proposal had one or more public transactions "Certification Regarding Debarment,Suspension. Ineligibility (Federal.State or local)terminated for cause or default. 2 and Voluntary Exclusion-Lower Tier Covered Transactions." CFR 180.335(d). provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower (5)Are not a corporation that has been convicted of a felony tier covered transactions and in all solicitations for lower tier violation under any Federal law within the two-year period covered transactions exceeding the$25.000 threshold. 2 CFR preceding this proposal(USDOT Order 4200.6 implementing 180.220 and 180.300. appropriations act requirements);and h.A participant in a covered transaction may rely upon a (6)Are not a corporation with any unpaid Federal tax liability certification of a prospective participant in a lower tier covered that has been assessed,for which all judicial and transaction that is not debarred.suspended.ineligible.or administrative remedies have been exhausted.or have lapsed. voluntarily excluded from the covered transaction.unless it and that is not being paid in a timely manner pursuant to an knows that the certification is erroneous. 2 CFR 180.300; agreement with the authority responsible for collecting the tax 180.320.and 180.325 A participant is responsible for liability(USDOT Order 4200.6 implementing appropriations act ensuring that its principals are not suspended.debarred,or requirements). otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals.as well b. Where the prospective participant is unable to certify to as the eligibility of any lower tier prospective participants.each any of the statements in this certification.such prospective participant may,but is not required to,check the System for participant should attach an explanation to this proposal. 2 Award Management website(httos://www.sam.gov/). 2 CFR CFR 180.335 and 180.340 180.300, 180.320,and 180.325. i Nothing contained in the foregoing shall be construed to 3 Instructions for Certification-Lower Tier Participants: require the establishment of a system of records in order to render in good faith the certification required by this clause. (Applicable to all subcontracts,purchase orders.and other The knowledge and information of the prospective participant lower tier transactions requiring prior FHWA approval or is not required to exceed that which is normally possessed by estimated to cost$25.000 or more-2 CFR Parts 180 and a prudent person in the ordinary course of business dealings. 1200) 2 CFR 180.220 and 1200.220 j. Except for transactions authorized under paragraph(f)of a. By signing and submitting this proposal.the prospective these instructions,if a participant in a covered transaction lower tier participant is providing the certification set out below. knowingly enters into a lower tier covered transaction with a person who is suspended.debarred.ineligible.or voluntarily b.The certification in this clause is a material representation excluded from participation in this transaction,in addition to of fact upon which reliance was placed when this transaction other remedies available to the Federal Government,the was entered into. If it is later determined that the prospective department or agency may terminate this transaction for cause lower tier participant knowingly rendered an erroneous or default 2 CFR 180.325. certification,in addition to other remedies available to the Federal Government.the department,or agency with which this transaction originated may pursue available remedies. including suspension and/or debarment. 2. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—First Tier c.The prospective lower tier participant shall provide Participants: immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant a. The prospective first tier participant certifies to the best of learns that its certification was erroneous by reason of its knowledge and belief,that it and its principals: changed circumstances. 2 CFR 180.365 (1) Are not presently debarred.suspended.proposed for d The terms"covered transaction,""debarred." debarment.declared ineligible,or voluntarily excluded from "suspended,""ineligible.""participant.""person.""pnncipal." participating in covered transactions by any Federal and"voluntarily excluded,"as used in this clause.are defined department or agency,2 CFR 180.335: in 2 CFR Parts 180.Subpart I. 180 900—180.1020.and 1200. You may contact the person to which this proposal is 10 City of Boynton Beach FM#446078-1-58-01 Page 50 of 106 submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any (a)is presently debarred,suspended,proposed for debarment. covered transaction between a recipient or subrecipient of declared ineligible,or voluntarily excluded from participating in Federal funds and a participant(such as the prime or general covered transactions by any Federal department or agency.2 contract). "Lower Tier Covered Transactions' refers to any CFR 180.355: covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"refers to the (b)is a corporation that has been convicted of a felony participant who has entered into a covered transaction with a violation under any Federal law within the two-year period recipient or subrecipient of Federal funds(such as the prime or preceding this proposal(USDOT Order 4200 6 implementing general contractor). "Lower Tier Participant"refers any appropriations act requirements);and participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as (c)is a corporation with any unpaid Federal tax liability that subcontractors and suppliers). has been assessed.for which all judicial and administrative remedies have been exhausted.or have lapsed,and that is e.The prospective lower tier participant agrees by not being paid in a timely manner pursuant to an agreement submitting this proposal that.should the proposed covered with the authority responsible for collecting the tax liability. transaction be entered into,it shall not knowingly enter into (USDOT Order 4200.6 implementing appropriations act any lower tier covered transaction with a person who is requirements) debarred,suspended,declared ineligible.or voluntarily excluded from participation in this covered transaction,unless 2.Where the prospective lower tier participant is unable to authorized by the department or agency with which this certify to any of the statements in this certification,such transaction originated. 2 CFR 1200.220 and 1200.332. prospective participant should attach an explanation to this proposal. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment.Suspension. Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," Xl.CERTIFICATION REGARDING USE OF CONTRACT without modification,in all lower tier covered transactions and FUNDS FOR LOBBYING in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. 2 CFR 180.220 and 1200.220. This provision is applicable to all Federal-aid construction I contracts and to all related subcontracts which exceed g.A participant in a covered transaction may rely upon a S100.000 49 CFR Part 20,App.A certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible.or 1 The prospective participant certifies.by signing and voluntarily excluded from the covered transaction,unless it submitting this bid or proposal.to the best of his or her knows that the certification is erroneous.A participant is knowledge and belief,that: responsible for ensuring that its principals are not suspended, debarred.or otherwise ineligible to participate in covered a.No Federal appropriated funds have been paid or will be transactions. To verify the eligibility of its principals,as well as paid,by or on behalf of the undersigned.to any person for the eligibility of any lower tier prospective participants,each influencing or attempting to influence an officer or employee of participant may.but is not required to,check the System for any Federal agency.a Member of Congress.an officer or Award Management website(https.//v✓ww sam qov!).which is employee of Congress,or an employee of a Member of compiled by the General Services Administration. 2 CFR Congress in connection with the awarding of any Federal 180.300. 180.320, 180.330.and 180.335. contract,the making of any Federal grant.the making of any Federal loan,the entering into of any cooperative agreement. h.Nothing contained in the foregoing shall be construed to and the extension,continuation,renewal,amendment,or require establishment of a system of records in order to render modification of any Federal contract.grant.loan,or in good faith the certification required by this clause The cooperative agreement. knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person b. If any funds other than Federal appropriated funds have in the ordinary course of business dealings. been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal i.Except for transactions authorized under paragraph e of agency.a Member of Congress,an officer or employee of these instructions.if a participant in a covered transaction Congress,or an employee of a Member of Congress in knowingly enters into a lower tier covered transaction with a connection with this Federal contract,grant,loan,or person who is suspended,debarred,ineligible.or voluntarily cooperative agreement,the undersigned shall complete and excluded from participation in this transaction.in addition to submit Standard Form-LLL."Disclosure Form to Report other remedies available to the Federal Government,the Lobbying,"in accordance with its instructions. department or agency with which this transaction originated may pursue available remedies,including suspension and/or 2.This certification is a material representation of fact upon debarment 2 CFR 180.325. which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required Certification Regarding Debarment,Suspension, certification shall be subject to a civil penalty of not less than Ineligibility and Voluntary Exclusion--Lower Tier S10.000 and not more than$100.000 for each such failure Participants: 3.The prospective participant also agrees by submitting its 1.The prospective lower tier participant certifies,by bid or proposal that the participant shall require that the submission of this proposal,that neither it nor its principals: language of this certification be included in all lower tier 11 City of Boynton Beach FM#446078-1-58-01 Page 51 of 106 subcontracts.which exceed 5100.000 and that all such recipients shall certify and disclose accordingly XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts,design-build contracts.subcontracts.lower-tier subcontracts,purchase orders,lease agreements,or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a specific Federal-aid construction project.the bidder.proposer. contractor,subcontractor,or vendor agrees 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment. material.or commodities pursuant to this contract.to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2.To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, 'on-board'commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph(b)(1)of this section to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of Cargo and Commercial Sealift(MAR-620).Maritime Administration,Washington.DC 20590.(MARAD requires copies of the ocean carriers(master)bills of lading,certified onboard,dated,with rates and charges.These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 12 City of Boynton Beach FM#446078-1-58-01 Page 52 of 106 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633.Subpart B.Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work.shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work.(b)the number of employees required in each classification.(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified.the participant shall promptly notify the State Employment Service. 3 The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who.in his opinion,are not qualified to perform the classification of work required. 4. If.within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate.the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate.notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be.done as on-site work 13 City of Boynton Beach FM#446078-1-58-01 Page 55 of 106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-930.44 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT Is this form applicable to your firm? YES D NO El If no,then please complete section 4 below for"Prime' 1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type: a. contract a.bid/offer/application a. initial filing b.grant b. initial award b.material change c. cooperative agreement c post-award For Material Change Only: d. loan Year Quarter: e. loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name and ® Prime ❑ Subawardee Address of Prime: Tier ,if known: R&D Paving,LLC 5730 Corporate Way Suite 214 West Palm Beach.FL 33407 Congressional District if known.4c Congressional District,if known: 6.Federal Department/Agency: 7.Federal Program Name/Descrlption: CFDA Number, if applicable: 8.Federal Action Number,if known: 9.Award Amount,if known: 10.a. Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual, last name, first name, MI): different from No. We) (last name, first name, Ml): 11. Information requested through this form is authorized by title 31 111 U.S.C.section 1352.This disclosure of lobbying edibles is a Signature _ - material representation of fact upon which reliance was placed by the tler above when this transaction was made or entered Nancy G.RossoInto.This disclosure Is required pursuant to 31 U.S.C.1352. Print Name y This information will be available for public Inspection.Any person who fails to file the required disclosure shall be subject Title: Secretary/Treasurer to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: 561 588-6681 Date(mrnldd/yyyy): 10/30/2025 Authorized for Local Reproduction Federal Use Only: Standard Form LLL tRev.7-971 City of Boynton Beach FM#446078-1-58-01 Page 56 of 106 375-030-34 PROCUREMENT 04/14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing. pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1_ Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported. enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name. if known. For example. Department of Transportation. United States Coast Guard 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number: Invitation for Bid (IFB) number: grant announcement number; the contract, grant, or loan award number: the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name. First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title. and telephone number. According to the Paperwork Reduction Act.as amended.no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046 Public reporting burden for this collection of information is estimated to average 10 minutes per response.including time for reviewing instructions.searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden.to the Office of Management and Budget.Paperwork Reduction Project(0348-0046).Washington.DC 20503. City of Boynton Beach FM#460784-58.01 Page 57 of 106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060.13 NON-COLLUSION DECLARATION AND RIGHT OF WAV 06/01 COMPLIANCE WITH 49 CFR§29 page t 013 ITEM/SEGMENT NO.: F.A.P. NO.: MANAGING DISTRICT: PARCEL NO.: COUNTY OF: Palm Beach BID LETTING OF: City of Boynton Beach Nancy G.Rosso hereby declare that I am (NAME) Secretary/Tresurer of R&D Paving, LLC (TITLE) (FIRM) of West Palm Beach, FL (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s)and amount of this Bid on this State Project. I further declare that. 1. The prices(s)and amount of this bid have been arrived at independently,without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm,or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid,or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members,officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8 As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates(as defined in Section 337.165(I)(a), Florida Statutes), and all directors,officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. City of Boynton Beach FM#448076-1-88-01 Page 58 of 106 575-060.13 wow OF WAY ose' Pape 2 d3 9 I certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor,and/or position involving the administration of Federal funds: (a) is presently debarred,suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions, as defined in 49 CFR§29.110(a), by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local government transaction or public contract; violation of Federal or State antitrust statutes; or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property: (c) is presently indicted for or otherwise cr.minally or civilly charged by a Federal, State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this certification;and (d) has within a three-year period preceding this certification had one or more Federal, State or local government public transactions terminated for cause or default. 10. l(We),certify that I(We), shall not knowingly enter into any transaction with any subcontractor, material supplier,or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered(1)through (10), I have provided an explanation in the"Exceptions"portion below or by attached separate sheet. EXCEPTIONS: (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of agency action. Providing false information may result in criminal prosecution and/or administrative sanctions.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR: (Seal) BY. Nancy G. Rosso,Secretary/Treasurer WITNESS: (1.4&,/ NK NA Pc-TITLE PRI ` yy� ,/, BY \).-,..-� �V // ` es WITNESS: )li r 14(.FN[L_, SIGNATURE Executed on this 3 0 day of (id° f, 202 J FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT • MAY RESULT IN THE BID BEING DECLARED NONRESPONSIVE PATA �� rrk[:' . ;E7AE ^ Notary Public•State of Florida ,. i Commlulon F HH 423675 (� - n:., My Comm.Expires Jul 19,2027 Bonded through National Notry Assn. /0/.3�1�----' City of Boynton Beach FM#446078-1-58-01 Page 59 of 106 575-060-13 RIGHT OF WAY 05/01 Page 3 of 3 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers. vendors and other lower tier participants. -Appendix B of 49 CFR Part 29– Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction," "debarred.""suspended," "ineligible," "lower tier covered transaction," "participant,""person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may. but is not required to. check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification. such prospective participant shall attach an explanation to this proposal. STATL OF FLORIDA DEPART/KW Of'RANSPORTATION 375430-32 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT 11115 INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Na" - .f Consultant/C', =ctor: &D Paving, LLC By: 'I a Date. "I Title: Nancy G. Rosso, Ser. etary/Treasurer Instructions for Certification Instructions for Certification- Lower Tier Participants. (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more -2 CFR Parts 180 and 1200) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). 'Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that. should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered tr:nsaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/),which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorised under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. City of Boynton Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO'. 375-03Q 91 FM#446078-1-58-01 Vendor Eligibility Check Prior to Contract Award PROCUREr fd9e 67 of 106 06/22 Project Description(s): PWE 24-008B - S.E. 1ST STREET IMPROVEMENTS Financial Project Number(s): - FDOT FPN # 446078-1-58-01 In accordance with State law: The Convicted Vendor List/Discriminatory Vendor List/Suspended Vendor List/Antitrust Violator Vendor List/Scrutinized List of Prohibited Companies/Federal Excluded Parties List are available at the following Department of Management Services site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted suspended discriminatory complaints vendor lists A public entity may not accept any bid, proposal, or reply from, award any contract to,or transact any business in excess of the threshold amount provided in s. 287.017. F.S., for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), F.S. A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal,or reply from, award any contract to,or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. A contract award (reference 2 CFR 1200 and 2 CFR 180) must not be made to parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." Pursuant to 23 CFR 172.7(b)(3), a contracting agency shall verify suspension and debarment actions and eligibility status of consultants and subconsultants prior to entering into an agreement or contract in accordance with 2 CFR part 1200 and 2 CFR part 180,when the identities of such subconsultants are known prior to execution of the subject agreement or contract.The Excluded Parties List System in SAM contains the names of parties debarred,suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Section 287.135, F.S. prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel. Section 287.135, F.S. also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of $1,000,000 or more, if the company is on either the Scrutinized Companies with Activities in Sudan List,or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S. City of Boynton Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-0�}91 FM#446078-1-58-01 Vendor Eligibility Check Prior to Contract Award PROCUREM0aee 68 of 106 Dans The List of Scrutinized Companies that Boycott Israel, and the Scrutinized List of Prohibited Companies (Activities in Sudan/Iran Petroleum Energy Sector) are available at the following Florida State Board of Administration site: https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx *Please note that the two lists are under separate links on the same site. I have checked the aforementioned lists that apply to this procurement, as applicable to verify that the vendor(and all subs where known) is eligible for contract award/execution: Procurement Office or Contracting Awarding Office: Andrew Rozwadowski Printed Name Agdtei, � u..,�; G°P9, -CPP Signature Date: 11/24/2025 em.noynane.coram1.ame s_oce..uaWnre.w<nwng31.e_s9.nq_mancewendof_tey,t..x_ _ .st>,iacra�xa.v�act i�, 4 A 0 CE ® h.*wdet• • •Lew f ere +y..tn.. ©.ecwcs C)Fror-. 50AM..,f 4.ea a f.n,.n p t,en.coo..,..... 0 S r. fe..-.I Orr p sm..,.... p. >............ :4r; CT Cao. ao.,:-:-. •Sewn 11.m G Goma.to.p.. ,> • EM...Op...nont workforce Ope..twn. Agency AGnlnlst,.bon OraP,e. oq,.m, Aboat Ur: MANAGEMENT t,� N.M.. 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I. - 1 6 fel it a U a ® b ` � l IZASM351 4^n^9e+ '�'a^MiroerwaW+uttyvwmg;tue._.9mN RsnecaYvenaa_.gtte+uw�ru..eroa_Fav<onv,nea_,«aa.im 4 * a R ® Iwnwrtc F.r •4.0,to. 0.marcs 0 tw..s....at 1 n ad s t...+rn 0 rod I t.e.ttr.r •spawn 8.a.rv. p p.e.o'.mt,.amm, ;.;k..e:.t O3n a c..o.3otxla.. �s..t.at..m G u�.z„hat roc. ewnast Opa.tbn, Wohimc.Op.r,tbn, Aga cy Mm,nkt,.tan Orn..F oq,an, Apo.,u. Q MANAGEMENT SERVICES Convicted Vendor List sto.Purchasing T,.Department 0 Management Serw.Ys rtterams a 1,0 of the names aml.00re,n of tto.e roto have been Orspua.0* ham the public contract.;and pvchasry pro..,'And.,jerboa 287 131F)¢817.S4:u181 [bel aroememant Off.)iSP41 ueon,.ns. 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L Ekl1of ■ J ® Ic ,y uu w.qw/eMNn,'+w«(laG1VRGEi�i q�tptpai,�itK�a.,h+n.MtwYey�gW_15501591.17618401 t06160D5 it 0 at ® i^••wa... law r,w •ox.:.a p ttu fos 0 Ntx.sx.v,u.. ,tea a r rox, p xDD,t taaenae s v Berme,loseti P. p s..w.r p Pn«,.w... ;.;wean alr a Cm.W to,lao._ •sew.Rt.n. V Grad.,-P., • < C..eDM *fins A Oft Iambs t"9"y""' R&D PAVING LLC• ^� ..w Vt.c t.,,.ex..a..m KNGNRGEFUM9 16KX4 'mar l.m,I.." ,xwwxefx,eee x. Nx.y.m,« illt4Tnnr111111. a1Mt.DxrrtlYiatY .vxtsaceu.n DDt 1.1.110.1.,,..1•• areeraMN1,er4e .,xfem. A.at.ipl,YeM.kNM 11en.e.I1.DMr wn,r lefts.ue'Dw, mx.aaa.,Nn, AWeUm.rx,,..N refer I torr M,.+Ba,9..1DNM It.Dm,m I II NESS INFORYIITION oogs.wa, twt aaPRINK ut ermrww CO. Reg IMI I.Dates A,vM Den m0. NNW DMI:ts rDa,f ,tNhOu en Dn C.puD.WD.asct kur.(e.rryM D,.L.»riN aDNM,a eR..J,N.n l.bm:,,w„Date btl..,ewe ler, 0x.40021 0.n, G:( .etN Nr-e now, e... Entity Dates un+l....Dw.e aw. tuff, lmp Lan SM. local Vest(M CaN DM. 0212.1 Dec 31 dtuli.efw•p.NMM .w S.CYm, amen., MMN#.M•1021 e. ,NJ]u ,e.m ....nab,ci,e.aeon,..le:.+l:4.w.iznys, , uMxvs,.+y'^•PF^b.yNr exur„ren.rnl.<Hdr aeon,Wxue,ry r�un.e nt;anminln 6,wax,M,n.ef.UDVM fi^sap+•I nee.vw.nc.r,.VRGIF w1fatcrf.r uy=ku..r. ty....arsms9+.n61exnatmos S A O [E 9 ria 4 coot O la..l.rt •MO to. 0 ac..s 0 Fox ...V.>, *&361...n B...Raw..... 0 6s.. I...w. p c....... p n f,rnl.....t. „n..4.<U. fr f<.a-wort.. •s...r.kw. 0 u....net Ay. s .u.•eremw o.4an . •SAM SEARCHAUTHORISATION ,.n.....,m0•s oas.e6e menmum Is ko..N.n RN mtameN..am. e+: •ENTITY TYPES Nelms.Twos Ne.ts.eee4lbM (aty6aaten. ...ram tae..t..e ts.twpl n.Mgt Y n t fnawn.....IU ):)I u I v 2. Frvua py.aWi. ...lan aermi+..tae.e.,a aMAunM nu.. wo-mewls torten eei*.aT.e M.e.s..umn..M b hM.nt NM.IM.•<Srau6s•.•Sear.. •,...•••• yr......".... .o�e�n t.511.1. .•••.••a wlaa..,ea.e.r, Oy.rr mtaw.. 1..4:Amon Co.., •FINANCIAL INFORMATION Payments KM.l Moa, 1 ■POINTS OF CONTACT Eleftronk Bowness ell 1. 461. @e IA; 0 o ® d ® a 0 1,L2.125 fYnpeYlwrotruPnevrtHGNRGENN9/caWauhuM-a.-tere6emrrareV re•2350,S91•176162011061600s Q 1Z a C'6 CI) 1i1Y mom ... O..�..Fe. •a.:amu p(.esus 0 aroe.s.,n..0 F.. n en a•:c.. p iroa.i t.».C.r o srymw.s.«.i P.1 p im.w.n 11.10 rwn,.m 4_ ;.;tMsA 19., at co.0.vin nal_ Wear.yew (.1 vara.P 1,c.-. » ■POINTS OF CONTACT ar Electronic Business Mw.ry hltAt brl MM.O ROSSO,00 WS rum il.4r On.)Paus t bxY Government Business enm..Y rine w ce.wr .I.CY c ROSSO.CFO Past Performance NANO,4 ROSSO.00 • 4 sw,1e L d .I 6 Ia J of ® d ® as 0 w sors '�, City of Boynton Beach FM#446078-1-58-01 Page 71 of 106 LAP DIVISION 1 SPECIFICATIONS. (REV 8-23-22)(7-22) Construction Checklist Specifications from Department of Transportation Standard Specifications for Road and Bridge Construction The following excerpts from the Standard Specifications and Special Provisions are provided for use in LAP Specifications as needed in accordance with the Local Agency Program Checklist for Construction Contracts(Phase 58)—Federal and State Requirements(525-070-44) -3- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 72 of 106 FROM SECTION I — DEFINITIONS AND TERMS: Department Name Engineer Contractor's Engineer of Record. A Professional Engineer registered in the State of Florida,other than the Engineer of Record or his subcontracted consultant,who undertakes the design and drawing of components of the permanent structure as part of a redesign or Cost Savings Initiative Proposal,or for repair designs and details of the permanent work. The Contractor's Engineer of Record may also serve as the Specialty Engineer. The Contractor's Engineer of Record must be an employee of a pre-qualified firm. The firm shall be pre-qualified in accordance with the Rules of the Department of Transportation, Chapter 14-75. Any Corporation or Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation. As an alternate to being an employee of a pre-qualified firm,the Contractor's Engineer of Record may be a pre-qualified Specialty Engineer. For items of the permanent work declared by the State Construction Office to be"major"or"structural",the work performed by a pre- qualified Specialty Engineer must be checked by another pre-qualified Specialty Engineer. An individual Engineer may become pre-qualified in the work groups listed in the Rules of the Department of Transportation, Chapter 14-75, if the requirements for the Professional Engineer are met for the individual work groups. Pre-qualified Specialty Engineers are listed on the State Construction Website. Pre-qualified Specialty Engineers will not be authorized to perform redesigns or Cost Savings Initiative Proposal designs of items fully detailed in the plans. Specialty Engineer. A Professional Engineer registered in the State of Florida,other than the Engineer of Record or his subcontracted consultant,who undertakes the design and drawing preparation of components, systems,or installation methods and equipment for specific temporary portions of the project work or for special items of the permanent works not fully detailed in the plans and required to be furnished by the Contractor. The Specialty Engineer may also provide designs and details, repair designs and details,or perform Engineering Analyses for items of the permanent work declared by the State Construction Office to be"minor"or"non-structural". For items of work not specifically covered by the Rules of the Department of Transportation,a Specialty Engineer is qualified if he has the following qualifications: (1)Registration as a Professional Engineer in the State of Florida. (2)The education and experience necessary to perform the submitted design as required by the Florida Department of Business and Professional Regulation. -4- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 73 of 106 FROM SECTION 4(ALTERATION OF WORK). 4-3 Alteration of Plans or of Character of Work. 4-3.1 General: The Engineer reserves the right to make,at any time prior to or during the progress of the work, such increases or decreases in quantities,whether a significant change or not,and such alterations in the details of construction,whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases,decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract,nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work,as altered,the same as if it had been a part of the original Contract. The term"significant change"applies only when: 1. The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or 2.A major item of work,as defined in 1-3, is increased in excess of 125% or decreased below 75%of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125%of the original Contract item quantity in accordance with 4-3.2 below. In the case of a decrease below 75%the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In(1)above,the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding,the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis. 4-3.2 Increase,Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5-12.2 for preservation,presentation and resolution of the claim,the Contractor may at any time, after having otherwise timely submitted a notice of intent to claim or preliminary time extension request pursuant to 5-12.2 and 8-7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal.The Contractor shall in any request for equitable adjustment of compensation,time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law,that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor's best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department's responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5-12.14. While the submittal or review of a duly certified request for equitable adjustment shall neither create,modify,nor activate any legal rights or obligations as to the Contractor or the Department,the Department will review the content of any duly certified request for equitable -5- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 74 of 106 adjustment or other dispute resolution proposal,with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department. The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor.All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work(but not relating to the actual performance of the additional work,which is paid for as otherwise provided herein),except only as provided for under 5-12.6.2.1. 4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and,at the Engineer's sole discretion,the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner: 1. Labor and Burden:The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff,except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro-rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company,nor those persons who own more than 1%of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following: Table 4-1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick&Vacation Actual benefits Retirement benefits Actual Rates based on the National Council on Compensation Insurance Workers Compensation basic rate tables adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work. Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual -6- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 75 of 106 Table 4-1 Item Rate *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as,but not limited to,Umbrella Coverage,Automobile Insurance,etc.). At the Pre-construction conference,certify to the Engineer the following: a.A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the contract, b.Actual Rate for items listed in Table 4-1, c. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan,and, d. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs,and failure to timely submit the certification will constitute a full,complete,absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. 2. Materials and Supplies: For materials accepted by the Engineer and used on the project,the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges(exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work,the Contractor will receive the actual cost of such supplies. 3. Equipment: For any machinery or special equipment(other than small tools), including fuel and lubricant,the Contractor will receive 100%of the"Rental Rate Blue Book"for the actual time that such equipment is in operation on the work,and 50%of the "Rental Rate Blue Book"for the time the equipment is directed to standby and remain on the project site,to be calculated as indicated below. The equipment rates will be based on the latest edition(as of the date the work to be performed begins)of the"Rental Rate Blue Book for Construction Equipment"as published by EquipmentWatch,a division of Informa Business Media, Inc.,using all instructions and adjustments contained therein and as modified below. On all projects,the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the"Rental Rate Blue Book." Allowable Equipment Rates will be established as set out below: a.Allowable Hourly Equipment Rate=Monthly Rate/176 x Adjustment Factors x 100%. b.Allowable Hourly Operating Cost=Hourly Operating Cost x 100%. c.Allowable Rate Per Hour=Allowable Hourly Equipment Rate+Allowable Hourly Operating Cost. d. Standby Rate=Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the -7- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 76 of 106 Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which,when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport,the Department will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor,as defined above. 4. Indirect Costs,Expenses,and Profit:Compensation for all indirect costs,expenses,and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office,division office,regional office,home office,or otherwise, is expressly limited to the greater of either(a)or(b)below: a. Solely a mark-up of 17.5%on the payments in(1)through(3), above. 1. Bond:The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Contract bond rate paid by the Contractor.No compensation for bond premium will be allowed for additional or unforeseen work paid by the Department via initial contingency pay item. 2. The Contractor will be allowed a markup of 10%on the first$50,000 and a markup of 5%on any amount over$50,000 on any subcontract directly related to the additional or unforeseen work.Any such subcontractor mark-up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so. b. Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below. D — A x C B Where A=Original Contract Amount B =Original Contract Time C = 8% D=Average Overhead Per Day Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work,excluding overruns to existing contract items,that extend the duration of the project or delay of a controlling work item caused solely by the Department,or the combined total number of calendar days for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined to be in favor of the Contractor. -8- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 77 of 106 No compensation,whatsoever,will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is,or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be,equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item caused solely by the Department,that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar day exceeding ten calendar days.All calculations under this provision shall exclude weather days,Holidays,and Special Events. Further, for(a)and(b)above, in the event there are concurrent delays to one or more controlling work items,one or more being caused by the Department and one or more being caused by the Contractor,the Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay. 4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a subcontractor shall be limited solely to that provided for in 4-3.2.1 (1),(2), (3)and(4)(a). In addition,the Contractor compensation is expressly limited to the greater of the total provided in either 4-3.2.1(4)(a)or(4)(b),except that the Average Overhead Per-Day calculation is as follows: Ds= Asx C B Where As=Original Contract Amount minus Original Subcontract amounts(s)* B =Original Contract Time C=8% Ds=Average Overhead Per-Day * deduct Original Subcontract Amount(s)of subcontractor(s)performing the work The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work;provided,however,that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually submitted and paid for separate bond premiums for such additional or unforeseen work in such amount and that the subcontractor was required by the Contractor to acquire a bond. The Contractor shall require the subcontractor to submit a certification, in accordance with 4-3.2.1 (1),as part of the cost proposal and submit such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs,and failure to timely submit the certification -9- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 78 of 106 will constitute a full,complete,absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs. 4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract,nor may the Contractor make any claim for loss of anticipated profits because of the changes,or by reason of any variation between the approximate quantities and the quantities of work actually performed.All work shall be performed as directed by the Engineer and in accordance with the Contract Documents. 4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the Plans and Specifications of the Contract;to provide for unforeseen work,grade changes,or alterations in the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications;to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement;to settle documented Contract claims;to make the project functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed$100,000 or 10%of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer's written authorization will set forth sufficient work information to allow the work to begin. The work activities,terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter.No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department's approval of the document. 4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4-3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work.Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4-3.2 for additional work. 4-3.6 Connections to Existing Pavement,Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the project as detailed in the Plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement,the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated in the Plans,the Engineer will submit direction regarding the proper connections in accordance with the Standard Plans. 4-3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract,or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site,the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work. -10- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 79 of 106 Upon receipt of written notification of differing site conditions from the Contractor,the Engineer will investigate the conditions,and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made,excluding loss of anticipated profits,and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has submitted the required written notice. The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non-Department projects on which the Contractor may be working. 4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor,and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts,costs,delays or damages,whether direct or indirect,resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications,Design Plans(including Traffic Control Plans) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans,joint project agreements or utility relocation schedules. 4-3.9 Cost Savings Initiative Proposal: 4-3.9.1 Intent and Objective: 1. This S ubarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal)that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. A mandatory Cost Savings Initiative Workshop will be held prior to Contract Time beginning for the Contractor and Department to discuss potential Proposals. This mandatory workshop can only be eliminated if agreed to in writing by both the Contractor and Department. This Subarticle does not,however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the Department as a proposal submitted pursuant to this Subarticle. 2. The Department will consider Proposals that would result in net savings to the Department by providing a decrease in the cost of the Contract. Proposals must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability,economy of operation,ease of maintenance,aesthetics and necessary standard design features. The Department will not recognize the Contractor's correction of plan errors that result in a cost reduction,as a Proposal. Deletions of work,approved by the Engineer which are not directly associated with or integral to a Proposal will be handled as full credit to the Department for the work deleted. 3. The Department shall have the right to reject,at its discretion,any Proposal submitted that proposes a change in the design of the pavement system or that would require additional right-of-way. Pending the Department's execution of a formal supplemental agreement implementing an approved Proposal,the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department may grant time extensions to allow for the time required to develop and review a Proposal. -11- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 80 of 106 4. For potential Proposals not discussed at the Cost Savings Initiative Workshop,a mandatory concept meeting will be held for the Contractor and Department to discuss the potential Proposal prior to development of the Proposal. This mandatory meeting can only be eliminated if agreed to in writing by both the Contractor and Department. 4-3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of Proposals from subcontractors. However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor proposed Proposals to the Department. 4-3.9.3 Data Requirements: As a minimum, submit the following information with each Proposal: 1. a description of the difference between the existing Contract requirement, including any time extension request,and the proposed change,and the comparative advantages and disadvantages. 2. separate detailed cost estimates for both the existing Contract requirement and the proposed change. Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by pay items within the Contract, by using pay item numbers in the Basis of Estimates Manual. In preparing the estimates, include overhead,profit,and bond within pay items in the Contract. Separate pay item(s)for the cost of overhead,profit,and bond will not be allowed. 3. an itemization of the changes,deletions or additions to plan details,plan sheets, Standard Plans and Specifications that are required to implement the Proposal if the Department adopts it. Submit preliminary plan drawings sufficient to describe the proposed changes. 4.engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements.The Department may require that engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all design changes that result from the Proposal with drawings and computations signed and sealed by the Contractor's Engineer of Record. Written documentation or drawings will be submitted clearly delineating the responsibility of the Contractor's Engineer of Record. 5.the date by which the Department must approve the Proposal to obtain the total estimated cost reduction during the remainder of the Contract,noting any effect on the Contract completion time or delivery schedule. 6. a revised project schedule that would be followed upon approval of the Proposal.This schedule would include submittal dates and review time for the Department and Peer reviews. 4-3.9.4 Processing Procedures: Submit Proposals to the Engineer or his duly authorized representative. The Department will process Proposals expeditiously; however,the Department is not liable for any delay in acting upon a Proposal submitted pursuant to this Subarticle. The Contractor may withdraw, in whole or in part,a Proposal not accepted by the Department within the period specified in the Proposal. The Department is not liable for any Proposal development cost in the case where the Department rejects or the Contractor withdraws a Proposal. -12- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 81 of 106 The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings,the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. Prior to approval,the Engineer may modify a Proposal,with the concurrence of the Contractor,to make it acceptable. If any modification increases or decreases the net savings resulting from the Proposal,the Department will determine the Contractor's fair share upon the basis of the Proposal as modified and upon the final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items affected by the Proposal from the total cost of the same bid items as represented in the original Contract. Prior to approval of the Proposal that initiates the supplemental agreement, submit acceptable Contract-quality plan sheets revised to show all details consistent with the Proposal design. 4-3.9.5 Computations for Change in Contract Cost of Performance: If the Proposal is adopted,the Contractor's share of the net savings as defined hereinafter represents full compensation to the Contractor for the Proposal. The Department will not include its costs to process and implement a Proposal in the estimate. However,the Department reserves the right,where it deems such action appropriate,to require the Contractor to pay the Department's cost of investigating and implementing a Proposal as a condition of considering such proposal. When the Department imposes such a condition,the Contractor shall accept this condition in writing, authorizing the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the Contract. 4-3.9.6 Conditions of Acceptance for Major Design Modifications of Category 2 Bridges: A Proposal that proposes major design modifications of a category 2 bridge,as determined by the Engineer, shall have the following conditions of acceptance: All bridge Plans relating to the Proposal shall undergo an independent peer review conducted by a single independent engineering firm referred to for the purposes of this article as the Independent Review Engineer who is not the originator of the Proposal design, and is pre-qualified by the Department in accordance with Rule 14-75, Florida Administrative Code. The independent peer review is intended to be a comprehensive,thorough verification of the original work,giving assurance that the design is in compliance with all Department requirements. The Independent Review Engineer's comments,along with the resolution of each comment,shall be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter stating that all comments have been adequately addressed and the design is in compliance with the Department requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all unresolved issues in the signed and sealed cover letter. The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be designated as the Contractors Engineer of Record for the Proposal design.The Department reserves the right to require the Contractor's Engineer of Record to assume responsibility for design of the entire structure. New designs and independent peer reviews shall be in compliance with all applicable Department, FHWA and AASHTO criteria requirements including bridge load ratings. -13- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 82 of 106 4-3.9.7 Sharing Arrangements: If the Department approves a Proposal,the Contractor shall receive 50%of the net reduction in the cost of performance of the Contract as determined by the final negotiated agreement between the Contractor and the Department. The net reduction will be determined by subtracting from the savings of the construction costs the reasonable documented engineering costs incurred by the contractor to design and develop a Proposal.The reasonable documented engineering costs will be paid by the Department. Engineering costs will be based on the consultant's certified invoice and may include the costs of the Independent Review Engineer in 4-3.9.6.The total engineering costs to be subtracted from the savings to determine the net reduction will be limited to 25%of the construction savings and shall not include any markup by the Contractor or the costs for engineering services performed by the Contractor. 4-3.9.8 Notice of Intellectual Property Interests and Department's Future Rights to a Proposal: 4-3.9.8.1 Notice of Intellectual Property Interests: The Contractor's Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder,employee,consultant, or affiliate, of the Contractor,or any other entity who contributed in any measure to the substance of the Contractor's Proposal development,have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes,but is not limited to, disclosure of any issued patents,copyrights,or licenses;pending patent,copyright or license applications;and any intellectual property rights that though not yet issued,applied for or intended to be pursued,could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future. This notice requirement does not extend to intellectual property rights as to stand-alone or integral components of the Proposal that are already on the Department's Approved Product List(APL)or Standard Plans, or are otherwise generally known in the industry as being subject to patent or copyright protection. 4-3.9.8.2 Department's Future Rights to a Proposal: Notwithstanding 7-3 nor any other provision of the Standard Specifications,upon acceptance of a Proposal,the Contractor hereby grants to the Department and its contractors (such grant being expressly limited solely to any and all existing or future Department construction projects and any other Department projects that are partially or wholly funded by or for the Department)a royalty-free and perpetual license under all forms of intellectual property rights to manufacture,to use,to design,to construct,to disclose,to reproduce,to prepare and fully utilize derivative works,to distribute, display and publish, in whole or in part,and to permit others to do any of the above, and to otherwise in any manner and for any purpose whatsoever do anything reasonably necessary to fully utilize any and all aspects of such Proposal on any and all existing and future construction projects and any other Department projects. Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity therewith from and against any and all claims, liabilities,other obligations or losses,and reasonable expenses related thereto(including reasonable attorneys' fees), which are incurred or are suffered by any breach of the foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the Contractor pursuant to 4-3.9.8.1, unless the Department has by express written exception in the Proposal acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and defend as to one or more disclosed intellectual property rights. -14- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 83 of 106 FROM SECTION 5—CONTROL OF THE WORK(CLAIMS). 5-12 Claims by Contractor. 5-12.1 General: When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer,whether due to delay,additional work,altered work,differing site conditions,breach of Contract,or for any other cause,the Contractor shall follow the procedures set forth herein for preservation,presentation and resolution of the claim. Submission of timely notice of intent to file a claim, preliminary time extension request,time extension request,and the certified written claim,together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration,or other formal claims resolution proceeding against the Department for the items and for the sums or time set forth in the Contractor's certified written claim. The failure to provide such notice of intent, preliminary time extension request,time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full,complete,absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim. 5-12.2 Notice of Claim: 5-12.2.1 Claims For Extra Work: Where the Contractor deems that additional compensation or a time extension is due for work or materials not expressly provided for in the Contract or which is by written directive expressly ordered by the Engineer pursuant to 4-3,the Contractor shall submit written notification to the Engineer of the intention to make a claim for additional compensation before beginning the work on which the claim is based,and if seeking a time extension,the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. If such written notification is not submitted and the Engineer is not afforded the opportunity for keeping strict account of actual labor, material,equipment, and time,the Contractor waives the claim for additional compensation or a time extension. Such notice by the Contractor,and the fact that the Engineer has kept account of the labor,materials and equipment, and time,shall not in any way be construed as establishing the validity of the claim or method for computing any compensation or time extension for such claim. On projects with an original Contract amount of$3,000,000 or less within 90 calendar days after final acceptance of the project and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project the Contractor shall submit full and complete claim documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. However, for any claim or part of a claim that pertains solely to final estimate quantities disputes the Contractor shall submit full and complete claim documentation as described in 5-12.3 and duly certified pursuant to 5-12.9,as to such final estimate claim dispute issues,within 90 or 180 calendar days,respectively,of the Contractor's receipt of the Department's final estimate. If the Contractor fails to submit a certificate of claim as described in 5-12.9,the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation,without change, with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. -15- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 84 of 106 5-12.2.2 Claims For Delay: Where the Contractor deems that additional compensation or a time extension is due on account of delay,differing site conditions, breach of Contract,or any other cause other than for work or materials not expressly provided for in the Contract(Extra Work)or which is by written directive of the Engineer expressly ordered by the Engineer pursuant to 4-3,the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek additional compensation,and if seeking a time extension,the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay to a controlling work item,as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor's work by such delay,and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. On projects with an original Contract amount of$3,000,000 or less within 90 calendar days after final acceptance of the project and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project the Contractor shall submit full and complete documentation as described in 5-12.3 and duly certified pursuant to 5- 12.9. If the Contractor fails to submit a certificate of claim as described in 5-12.9,the Department will so notify the Contractor in writing.The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation,without change, with a certificate of claim as described in 5-12.9,without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or delay impacts,whatsoever,that are not to a controlling work item,and then as to any such delay to a controlling work item entitlement to any monetary compensation or time extension shall only be to the extent such is otherwise provided for expressly under 4-3 or 5-12,except that in the instance of delay to a non-controlling item of work the Contractor may be compensated for the direct costs of idle labor or equipment only,at the rates set forth in 4-3.2.1(1)and(3),and then only to the extent the Contractor could not reasonably mitigate such idleness. If the Contractor provides the written notice of intent,the preliminary request for time extension,and the request for Contract Time extension in compliance with the aforementioned time and content requirements,the Contractor's claim for delay to a controlling work item will be evaluated as of the date of the elimination of the delay even if the Contractor's performance subsequently overcomes the delay. If the claim for delay has not been settled,the Contractor must also comply with 5-12.3 and 5-12.9 to preserve the claim. 5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim,the Contractor shall submit a certified written claim to the Department which will include for each individual claim,at a minimum,the following information: 1. A detailed factual statement of the claim providing all necessary dates, locations,and items of work affected and included in each claim; 2. The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident; -16- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 85 of 106 3. Identification of all pertinent documents and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications; 4. Identification of therovisions of the Contract which support upport the claim and a statement of the reasons why such provisions support the claim,or alternatively,the provisions of the Contract which allegedly have been breached and the actions constituting such breach; 5.A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows: a. documented additional job site labor expenses; b.documented additional cost of materials and supplies; c. a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each; d. any other additional direct costs or damages and the documents in support thereof; e. any additional indirect costs or damages and all documentation in support thereof. 6. A detailed compilation of the specific dates and the exact number of calendar days sought for a time extension,the basis for entitlement to time for each day, all documentation of the delay,and a breakout of the number of days claimed for each identified event,circumstance or occurrence. Further,the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder,and any circuit court, arbitration,or other formal claims resolution proceeding shall be limited solely to the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder. This shall not,however,preclude a Contractor from withdrawing or reducing any of the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder at any time. 5-12.4 Action on Claim: The Engineer will respond in writing on projects with an original Contract amount of$3,000,000 or less within 90 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3,and on projects with an original Contract amount greater than$3,000,000 within 120 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3. Failure by the Engineer to respond to a claim in writing within 90 or 120 days,respectively,after receipt of a complete claim submitted by the Contractor in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid for to the extent deemed valid and any time extension granted, if applicable,as provided in the Contract.No circuit court or arbitration proceedings on any claim,or a part thereof,may be filed until after final acceptance of all Contract work by the Department or denial hereunder,whichever occurs last. 5-12.5 Pre-Settlement and Pre-Judgment Interest: Entitlement to any pre-settlement or prejudgment interest on any claim amount determined to be valid subsequent to the Department's receipt of a certified written claim in full compliance with 5-12.3,whether determined by a settlement or a final ruling in formal proceedings,the Department shall pay to the Contractor simple interest calculated at the Prime Rate(as reported by the Wall Street -17- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 86 of 106 Journal as the base rate on corporate loans posted by at least 75%of the nations 30 largest banks) as of the 60th calendar day following the Department's receipt of a certified written claim in full compliance with 5-12.3, such interest to accrue beginning 60 calendar days following the Department's receipt of a certified written claim in full compliance with 5-12.3 and ending on the date of final settlement or formal ruling. 5-12.6 Compensation for Extra Work or Delay: 5-12.6.1 Compensation for Extra Work: Notwithstanding anything to the contrary contained in the Contract Documents,the Contractor shall not be entitled to any compensation beyond that provided for in 4-3.2. 5-12.6.2 Compensation for Delay: Notwithstanding anything to the contrary contained in the Contract Documents,the additional compensation set forth in 5-12.6.2.1 shall be the Contractor's sole monetary remedy for any delay other than to perform extra work caused by the Department unless the delay shall have been caused by acts constituting willful or intentional interference by the Department with the Contractor's performance of the work and then only where such acts continue after Contractor's written notice to the Department of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the term of the Contract, including,but not limited to,work performed,work deleted,supplemental agreements,work orders,disruptions,differing site conditions, utility conflicts,design changes or defects,time extensions,extra work,right-of-way issues,permitting issues,actions of suppliers, subcontractors or other contractors,actions by third parties, suspensions of work by the Engineer shop drawing approval process delays,expansion of the physical limits of the project to make it functional,weather,weekends,holidays, special events, suspension of Contract Time,or other events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract,and shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the work without clear and convincing proof that they were the result of a deliberate act,without reasonable and good-faith basis,and specifically intended to disrupt the Contractor's performance. 5-12.6.2.1 Compensation for Direct Costs,Indirect Costs,Expenses, and Profit thereon,of or from Delay: For any delay claim,the Contractor shall be entitled to monetary compensation for the actual idle labor(including supervisory personnel)and equipment,and indirect costs, expenses,and profit thereon,as provided for in 4-3.2.1(4)and solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken. 5-12.7 Mandatory Claim Records: After submitting to the Engineer a notice of intent to file a claim for extra work or delay,the Contractor must keep daily records of all labor,material and equipment costs incurred for operations affected by the extra work or delay. These daily records must identify each operation affected by the extra work or delay and the specific locations where work is affected by the extra work or delay,as nearly as possible. The Engineer may also keep records of all labor, material and equipment used on the operations affected by the extra work or delay.The Contractor shall,once a notice of intent to claim has been timely filed, and not less than weekly thereafter as long as appropriate, submit the Contractor's daily records to the Engineer and be likewise entitled to receive the Department's daily records. The daily records to be submitted hereunder shall be done at no cost to the recipient. -18- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 87 of 106 5-12.8 Claims For Acceleration: The Department shall have no liability for any constructive acceleration of the work,nor shall the Contractor have any right to make any claim for constructive acceleration nor include the same as an element of any claim the Contractor may otherwise submit under this Contract. If the Engineer gives express written direction for the Contractor to accelerate its efforts, such written direction will set forth the prices and other pertinent information and will be reduced to a written Contract Document promptly.No payment will be made on a Supplemental Agreement for acceleration prior to the Department's approval of the documents. 5-12.9 Certificate of Claim: When submitting any claim,the Contractor shall certify under oath and in writing, in accordance with the formalities required by Florida law,that the claim is made in good faith,that the supportive data are accurate and complete to the Contractor's best knowledge and belief, and that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. 5-12.10 Non-Recoverable Items: The parties agree that for any claim the Department will not have liability for the following items of damages or expense: 1. Loss of profit, incentives or bonuses; 2.Any claim for other than extra work or delay; 3.Consequential damages, including,but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of credit standing,cost of financing, interest paid, loss of other work or insolvency; 4.Acceleration costs and expenses,except where the Department has expressly and specifically directed the Contractor in writing"to accelerate at the Department's expense"; nor 5.Attorney fees,claims preparation expenses and costs of litigation. 5-12.11 Exclusive Remedies: Notwithstanding any other provision of this Contract,the parties agree that the Department shall have no liability to the Contractor for expenses,costs,or items of damages other than those which are specifically identified as payable under 5-12. In the event any legal action for additional compensation,whether on account of delay,acceleration, breach of contract,or otherwise,the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in 5-12. 5-12.12 Settlement Discussions: The content of any discussions or meetings held between the Department and the Contractor to settle or resolve any claims submitted by the Contractor against the Department shall be inadmissible in any legal,equitable,arbitration or administrative proceedings brought by the Contractor against the Department for payment of such claim. Dispute Resolution Board, State Arbitration Board and Claim Review Committee proceedings are not settlement discussions,for purposes of this provision. 5-12.13 Personal Liability of Public Officials: In carrying out any of the provisions of the Contract or in exercising any power or authority granted to the Secretary of Transportation, Engineer or any of their respective employees or agents,there shall be no liability on behalf of any employee,officer or official of the Department for which such individual is responsible, either personally or as officials or representatives of the Department. It is understood that in all such matters such individuals act solely as agents and representatives of the Department. 5-12.14 Auditing of Claims: All claims filed against the Department shall be subject to audit at any time following the filing of the claim,whether or not such claim is part of a suit pending in the Courts of this State. The audit may be performed,at the Department's sole -19- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 88 of 106 discretion,by employees of the Department or by any independent auditor appointed by the Department,or both.The audit may begin after ten days written notice to the Contractor, subcontractor,or supplier. The Contractor, subcontractor,or supplier shall make a good faith effort to cooperate with the auditors. As a condition precedent to recovery on any claim,the Contractor, subcontractor,or supplier must retain sufficient records,and provide full and reasonable access to such records,to allow the Department's auditors to verify the claim and failure to retain sufficient records of the claim or failure to provide full and reasonable access to such records shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. Further, and in addition to such audit access, upon the Contractor submitting a written claim,the Department shall have the right to request and receive,and the Contractor shall have the affirmative obligation to submit to the Department any and all documents in the possession of the Contractor or its subcontractors, materialmen or suppliers as may be deemed relevant by the Department in its review of the basis,validity or value of the Contractor's claim. Without limiting the generality of the foregoing,the Contractor shall upon written request of the Department make available to the Department's auditors,or upon the Department's written request, submit at the Department's expense,any or all of the following documents: 1. Daily time sheets and foreman's daily reports and diaries; 2. Insurance,welfare and benefits records; 3. Payroll register; 4. Earnings records; 5. Payroll tax return; 6. Material invoices,purchase orders,and all material and supply acquisition contracts; 7. Material cost distribution worksheet; 8. Equipment records(list of company owned, rented or other equipment used); 9. Vendor rental agreements and subcontractor invoices; 10. Subcontractor payment certificates; 11. Canceled checks for the project, including,payroll and vendors; 12.Job cost report; 13.Job payroll ledger; 14. General ledger,general journal,(if used)and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals; 15. Cash disbursements journal; 16. Financial statements for all years reflecting the operations on this project; 17. Income tax returns for all years reflecting the operations on this project; 18. All documents which reflect the Contractor's actual profit and overhead during the years this Contract was being performed and for each of the five years prior to the commencement of this Contract; 19.All documents related to the preparation of the Contractor's bid including the final calculations on which the bid was based; -20- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 89 of 106 20. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim; 21. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance,materials, equipment,subcontractors,and all documents that establish which time periods and individuals were involved,and the hours and rates for such individuals. FROM SECTION 6—CONTROL OF MATERIALS (CONVICT LABOR AND BUY AMERICA). 6-5 Products and Source of Supply. 6-5.1 Source of Supply—Convict Labor(Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991,by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991,by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114.The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: 1. Materials produced by convicts on parole, supervised release, or probation from a prison or, 2. Materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987. 6-5.2 Source of Supply-Steel: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification,a manufacturing process is any process that modifies the chemical content, physical shape or size,or final finish of a product,beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any manufactured product(e.g.,concrete pipe, prestressed beams,corrugated steel pipe,etc.),these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1%of the total Contract amount or$2,500,whichever is greater.These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit a certification from the manufacturer of steel or iron,or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at$(actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project,submit invoices to document the actual cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. -21- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 90 of 106 FROM SECTION 7—LEGAL REQUIREMENTS AND RESPONSIBILITIES TO THE PUBLIC (FHWA 1273,WAGE RATES,E-VERIFY,TITLE VI,DBE,AND ON-THE-JOB TRAINING) 7-1.1Compliance with FHWA 1273: The FHWA-1273 Electronic version, dated July 5, 2022 is posted on the Department's website at the following URL address https://fdotwww.blob.core.windows.net/sitefinity/docs/default- source/programmanagement/implemented/urlinspecs/files/fhwa 1273-7-5- 22.pdf?sfvrsn=726ca05d 2Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with the provisions contained in FHWA-1273. If the Department's website cannot be accessed,contact the Department's Specifications Office Web Coordinator at(850)414-4101. 7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations: The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department's investigation determines that there is a potential impact to a protected,threatened or an endangered species,the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary,these measures and conditions will be addressed in the Contract Documents or permits. In addition, in cases where certain protected,threatened or endangered species are found or appear within close proximity to the project boundaries,the Department has established guidelines that will apply when interaction with certain species occurs,absent of any special mitigation measures or permit conditions otherwise identified for the project. These guidelines are posted at the following URL address:https://fdotwww.blob.core.windows.net/sitefinity/docs/default- source/programmanagement/implemented/urlinspecs/files/endangeredwildlifeguidelines.pdf?sfvr sn=e27baf3f 2. Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off-project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits,concrete or asphalt plant sites,disposal sites,field offices,and material or equipment storage sites. Include in the notification the Financial Project ID,a description of the activity,the location of the site by township, range, section,county, and city, a site location map including the access route,the name of the property owner,and a person to contact to arrange a site inspection. Submit this notification at least 30 days in advance of planned commencement of the off-site activity,to allow for the Department to conduct an investigation without delaying job progress. Do not perform any off-project activity without obtaining written clearance from the Engineer. In the event the Department's investigation determines a potential impact to a protected,threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance,obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will -22- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 91 of 106 not be allowed for permitting or mitigation,associated with Contractor initiated off-project activities. 7-1.8 Compliance with Section 4(f)of the USDOT Act: Section 4(f)of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park,recreation area or a wildlife and waterfowl refuge,or of any historic site of national,state,or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. Before undertaking any off-project activity associated with any federally assisted undertaking,ensure that the proposed site does not represent a public park,recreation area, wildlife or waterfowl refuge,or a historic site(according to the results of the Cultural Resources Survey discussed in 120-6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off-site activity,the Financial Project ID,the location of the site by township,range, section, a county or city map showing the site location, including the access route and the name of the property. It is the Contractor's responsibility to submit justification for use of Section 4(f)property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f)determination. Submit this notification sufficiently in advance of planned commencement of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off-project activity without obtaining written clearance from the Engineer. 7-16 Wage Rates for Federal-Aid Projects. For this Contract,payment of predetermined minimum wages applies. The U.S. Department of Labor(USDOL) Wage Rates applicable to this Contract are listed in table below,as modified up through ten days prior to the opening of bids. Wage Rate Decision Number Associated Work Obtain the applicable General Decision(s)(Wage Tables)through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable.Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. 7-24 Disadvantaged Business Enterprise Program. . _ . . . = _ . _ e . = • . . _. _ . _.. _ . . . - - - ' . . Y. _ \ - _ • S -- 7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b),the Contract FDOT signs with the Contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: "The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race,color, -23- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 92 of 106 national origin,or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the Contractor from future bidding as non-responsible." Prog -Klan+ . . • , . .. •.• • , - • . - . . . _ . - e __ . _ . . .. • . - - t ttotatief b. Providing assistance to DBEs in overcoming barriers such as the • d. Encouraging eligible DBEs to apply for certification with the • - DBE Records and Reports: Submit the following through the Equal Opportunity 7 24.4 p Compliance System: 1. DBE Commitments - at or before the Pre-Construction Conference. 2. Report monthly. through the Equal Opportunity Compliance System on the Department's Website, actual payments(including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. -24- FP1D(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 93 of 106 The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1.the procedures adopted to comply with these Specifications; 2.the number of subordinated Contracts on Department projects awarded to DBEs; 3.the dollar value of the Contracts awarded to DBEs; 4.the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request,provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 7-24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments,only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract,the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces(including the cost of supplies, equipment and materials obtained by the DBE for the contract work)will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional,technical, consultant,or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract,toward DBE goals,provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. When the DBE subcontracts part of the work of its contract to another firm,the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. 4. When a DBE performs as a participant in a joint venture,the Department will count the portion of the dollar value of the contract equal to the distinct,clearly defined portion of the work the DBE performs with its own forces toward DBE goals. 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. -25- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 94 of 106 6.A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function,the DBE must also be responsible,with respect to materials and supplies used on the contract,for negotiating price,determining quality and quantity,ordering the material,and installing(where applicable)and paying for the material itself. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check.The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. To determine whether a DBE is performing a commercially useful function,the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work,and other relevant factors. 9. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract,or project through which funds are passed in order to obtain the appearance of DBE participation. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce,or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved,the DBE has not performed a commercially useful function. 7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 7-25 On-The-Job Training Requirements. As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide On-The-Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it shall determine how many, if any,of the trainees are to be trained by the subcontractor provided,that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. Ensure that,when feasible,25%of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract,the dollar value,and the scope of work to be performed. The trainee goal will be finalized at a Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract: a.No trainees will be required for contracts with a Contract Time allowance of less than 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more,the number of trainees shall be established in accordance with the following chart: -26- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 95 of 106 Estimated Contract Amount Trainees Required $2,000,000 or less 0 Over$2,000,000 to$4,000,000 2 Over$4,000,000 to$6,000,000 3 Over$6,000,000 to$12,000,000 5 Over$12,000,000 to$18,000,000 7 Over$18,000,000 to$24,000,000 9 Over$24,000,000 to $31,000,000 12 Over$31,000,000 to $37,000,000 13 Over$37,000,000 to $43,000,000 14 Over$43,000,000 to $49,000,000 15 Over$49,000,000 to$55,000,000 16 Over$55,000,000 to$62,000,000 17 Over$62,000,000 to$68,000,000 18 Over$68,000,000 to$74,000,000 19 Over$74,000,000 to$81,000,000 20 Over$81,000,000 to $87,000,000 21 Over$87,000,000 to$93,000,000 22 Over$93,000,000 to$99,000,000 23 Over$99,000,000 to$105,000,000 24 Over$105,000,000 to$112,000,000 25 Over$112,000,000 to $118,000,000 26 Over$118,000,000 to $124,000,000 27 Over$124,000,000 to $130,000,000 28 Over$130,000,000 to * *One additional trainee per$6,000,000 of estimated Construction Contract amount over $130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section,a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager,the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting,the Contractor shall submit to the Department for approval an On-The-Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of the following occur: 1. When a start date on the approved On-The-Job Training Schedule has been missed by 14 or more days; 2. When there is a change in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. -27- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 96 of 106 The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1.Credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees,over the established number for this Contract,will be carried in a"bank"for the Contractor and credit will be allowed for those surplus trainees in subsequent,applicable projects.A"banked"trainee is described as an employee who has been trained on a project,over and above the established goal,and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification and completes their training on a different contract. 3. Credit will be allowed for each trainee who,due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On-The-Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. 5.No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. Training and upgrading of minorities,women and economically disadvantaged persons toward journeyman status is a primary objective of this Section.Accordingly,the Contractor shall make every effort to enroll minority trainees and women(e.g.,by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees)to the extent such persons are available within a reasonable area of recruitment. If a non-minority male is enrolled into the On-The-Job Training Program,the On-The-Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's District Contract Compliance Manager.The Contractor will be given an opportunity and will be responsible for demonstrating the steps that it has taken in pursuance thereof,prior to a determination as to whether the Contractor is in compliance with this Section.This training is not intended,and shall not be used,to discriminate against any applicant for training,whether a minority,woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman status,or have been employed as a journeyman.The Contractor may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used,the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established at the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established for the specific training classification,completion of the minimum hours in a training classification range,and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status,the following documentation must be forwarded to the District Contract Compliance Office: 1.Trainee Enrollment and Personnel Action Form -28- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 97 of 106 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications concerned,by at least,the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor,Bureau of Apprenticeship and Training,or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration,Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract.Approval or acceptance of a training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On-The-Job Training Program is available to a Contractor which has been awarded a state funded project.Through this program,the Contractor will have the option to train employees on state funded projects for"banked credit"as discussed previously in this provision,to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial type positions. Training is permissible in lower level management positions such as office engineers, estimators,etc.,where the training is oriented toward construction applications. Training in the laborer classifications,except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s)upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the Contractor may receive training program funds from other sources,provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the -29- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 98 of 106 journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed.The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On-The-Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following actions occur: a trainee is transferred on the project,transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub-phases of the number of hours devoted to each proficiency. Highway or Bridge Carpenter Helper,Mechanic Helper,Rodman/Chainman,and Timekeeper classifications will not be approved for the On-The-Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. 7-29 E-Verify. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. FROM SECTION 8(SUBLETTING,CONTRACT TIME EXTENSION,AND LIQUIDATED DAMAGES). 8-1 Subletting or Assigning of Contracts. Do not, sell,transfer,assign or otherwise dispose of the Contract or Contracts or any portion thereof,or of the right,title,or interest therein,without written consent of the Department. If the Contractor chooses to sublet any portion of the Contract,the Contractor must provide a written request to sublet work on the Certification of Sublet Work form developed by the Department for this purpose. With the Engineer's acceptance of the request,the Contractor may sublet a portion of the work, but shall perform with its own organization work amounting to not less than 40%of the total Contract amount. The Certification of Sublet Work request will be deemed acceptable by the Department,for purposes of the Department's consent,unless the -30- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 99 of 106 Engineer notifies the Contractor within 5 business days of receipt of the Certification of Sublet Work that the Department is not consenting to the requested subletting. Include in the total Contract amount the cost of materials and manufactured component products,and their transportation to the project site. For the purpose of meeting this requirement the Department will not consider off-site commercial production of materials and manufactured component products that the Contractor purchases,or their transportation to the project,as subcontracted work. If the Contractor sublets a part of a Contract item,the Department will use only the sublet proportional cost in determining the percentage of subcontracted normal work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. All other agreements must be in writing and reference all applicable Contract provisions. Upon request, furnish the Department with a copy of the subcontract and agreement. The subletting of work does not relieve the Contractor or the surety of their respective liabilities under the Contract. The Department recognizes a subcontractor only in the capacity of an employee or agent of the Contractor, and the Engineer may require the Contractor to remove the subcontractor as in the case of an employee. 8-7.3.2 Contract Time Extensions: The Department may grant an extension of Contract Time when a controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid.The Department may allow such extension of time only for delays occurring during the Contract Time period or authorized extensions of the Contract Time period. When failure by the Department to fulfill an obligation under the Contract results in delays to the controlling items of work,the Department will consider such delays as a basis for granting a time extension to the Contract. Whenever the Engineer suspends the Contractor's operations,as provided in 8-6, for reasons other than the fault of the Contractor,the Engineer will grant a time extension for any delay to a controlling item of work due to such suspension. The Department will not grant time extensions to the Contract for delays due to the fault or negligence of the Contractor. The Department does not include an allowance for delays caused by the effects of inclement weather or suspension of Contractor's operations in establishing Contract Time. The Engineer will continually monitor the effects of weather and,when found justified, grant time extensions on either a bimonthly or monthly basis. The Engineer will not require the Contractor to submit a request for additional time due to the effects of weather. The Department will grant time extensions,on a day for day basis, for delays caused by the effects of rains or other inclement weather conditions,related adverse soil conditions or suspension of operations that prevent the Contractor from productively performing controlling items of work resulting in: 1. The Contractor being unable to work at least 50%of the normal work day on pre-determined controlling work items; or 2.The Contractor must make major repairs to work damaged by weather,provided that the damage is not attributable to the Contractor's failure to perform or neglect;and provided that the Contractor was unable to work at least 50%of the normal workday on pre-determined controlling work items. When the Department grants a time extension due to rains or other inclement weather,the Contractor shall submit any objection to the additional time in writing within ten calendar days from receipt of written notice from the Engineer. Failure to submit a -31- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 100 of 106 written appeal within ten calendar days from receipt of the written notice shall constitute a waiver of any and all rights to appeal the Department's decision at a later time. No additional compensation will be made for delays caused by the effects of inclement weather. The Department will consider the delays in delivery of materials or component equipment that affect progress on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the Contractor or supplier. Such delays may include an area-wide shortage,an industry-wide strike,or a natural disaster that affects all feasible sources of supply. In such cases,the Contractor shall furnish substantiating letters from a representative number of manufacturers of such materials or equipment clearly confirming that the delays in delivery were the result of an area-wide shortage,an industry-wide strike,etc.No additional compensation will be made for delays caused by delivery of materials or component equipment. The Department will not consider requests for time extension due to delay in the delivery of custom manufactured equipment such as traffic signal equipment,highway lighting equipment,etc.,unless the Contractor furnishes documentation that he placed the order for such equipment in a timely manner,the delay was caused by factors beyond the manufacturer's control,and the lack of such equipment caused a delay in progress on a controlling item of work.No additional compensation will be paid for delays caused by delivery of custom manufactured equipment. The Department will consider the affect of utility relocation and adjustment work on job progress as the basis for granting a time extension only if all the following criteria are met: 1. Delays are the result of either utility work that was not detailed in the Plans,or utility work that was detailed in the Plans but was not accomplished in reasonably close accordance with the schedule included in the Contract Documents. 2. Utility work actually affected progress toward completion of controlling work items. 3. The Contractor took all reasonable measures to minimize the effect of utility work on job progress, including cooperative scheduling of the Contractor's operations with the scheduled utility work at the preconstruction conference and providing adequate advance notification to utility companies as to the dates to coordinate their operations with the Contractor's operations to avoid delays. As a condition precedent to an extension of Contract Time the Contractor must submit to the Engineer: A preliminary request for an extension of Contract Time must be made in writing to the Engineer within ten calendar days after the commencement of a delay to a controlling item of work. If the Contractor fails to submit this required preliminary request for an extension of Contract Time,the Contractor fully, completely,absolutely and irrevocably waives any entitlement to an extension of Contract Time for that delay. In the case of a continuing delay only a single preliminary request for an extension of Contract Time will be required. Each such preliminary request for an extension of Contract Time shall include as a minimum the commencement date of the delay,the cause of the delay,and the controlling item of work affected by the delay. Furthermore,the Contractor must submit to the Engineer a request for a Contract Time extension in writing within 30 days after the elimination of the delay to the -32- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 101 of 106 controlling item of work identified in the preliminary request for an extension of Contract Time. Each request for a Contract Time extension shall include as a minimum all documentation that the Contractor wishes the Department to consider related to the delay,and the exact number of days requested to be added to Contract Time. If the Contractor contends that the delay is compensable,then the Contractor shall also be required to submit with the request for a Contract Time extension a detailed cost analysis of the requested additional compensation. If the Contractor fails to submit this required request for a Contract Time extension,with or without a detailed cost analysis,depriving the Engineer of the timely opportunity to verify the delay and the costs of the delay,the Contractor waives any entitlement to an extension of Contract Time or additional compensation for the delay. Upon timely receipt of the preliminary request of Contract Time from the Contractor,the Engineer will investigate the conditions,and if it is determined that a controlling item of work is being delayed for reasons beyond the control of the Contractor the Engineer will take appropriate action to mitigate the delay and the costs of the delay. Upon timely receipt of the request for a Contract Time extension the Engineer will further investigate the conditions, and if it is determined that there was an increase in the time or the cost of performance of the controlling item of work beyond the control of the Contractor,then an adjustment of Contract Time will be made, and a monetary adjustment will be made,excluding loss of anticipated profits,and the Contract will be modified in writing accordingly. The existence of an accepted schedule, including any required update(s), is a condition precedent to the Contractor having any right to the granting of an extension of Contract Time or any monetary compensation arising out of any delay. Contractor failure to have an accepted schedule, including any required update(s), for the period of potential impact,or in the event the currently accepted schedule and applicable updates do not accurately reflect the actual status of the project or fail to accurately show the true controlling or non-controlling work activities for the period of potential impact, will result in any entitlement determination as to time or money for such period of potential impact being limited solely to the Department's analysis and identification of the actual controlling or non-controlling work activities. Further, in such instances,the Department's determination as to entitlement as to either time or compensability will be final,unless the Contractor can prove by clear and convincing evidence to a Disputes Review Board that the Department's determination was without any reasonable factual basis. 8-10 Liquidated Damages for Failure to Complete the Work. 8-10.2 Amount of Liquidated Damages: Applicable liquidated damages are the amounts established in the following schedule: Original Contract Amount Daily Charge Per Calendar Day $50,000 and under $868 Over$50,000 but less than $250,000 $882 $250,000 but less than $500,000 $1,197 $500,000 but less than $2,500,000 $1,694 $2,500,000 but less than $5,000,000 $2,592 $5,000,000 but less than $10,000,000 $3,786 $10,000,000 but less than $15,000,000 $4,769 $15,000,000 but less than $20,000,000 $5,855 $20,000,000 and over $9,214 plus 0.00005 of any -33- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 102 of 106 amount over$20 million(Round to nearest whole dollar) The Engineer may approve adjustments to the liquidated damages amounts in accordance with the Construction Project Administration Manual (CPAM)provided all contract work is complete. FROM SECTION 9(PARTIAL PAYMENTS). 9-5 Partial Payments. 9-5.1 General: The Engineer will make partial payments on monthly estimates based on the amount of work that the Contractor completes during the month(including delivery of certain materials,as specified herein below).The Engineer will make approximate monthly payments, and the Department will correct all partial estimates and payments in the subsequent estimates and in the final estimate and payment. The Department will base the amount of such payments on the total value of the work that the Contractor has performed to the date of the estimate,based on the quantities completed and the Contract prices, less payments previously made and less any retainage withheld. Retainage will not be withheld until the percent of Contract Time used exceeds 75%. From that time forward,the Department will withhold retainage of 10%of the amount due on the current estimate as retainage when the percent of Contract Time used exceeds the percent of Contract amount earned by more than 15%. Contract amount is defined as the original Contract amount adjusted by approved supplemental agreements. Retainage will be determined for each job on multiple job Contracts. The Department will not accept Securities,Certificates of Deposit or letters of credit as a replacement for retainage. Amounts withheld will not be released until payment of the final estimate. 9-5.2 Unsatisfactory Payment Record: In accordance with Sections 255.05 and 337.16 of the Florida Statutes,and the rules of the Department,the Department may disqualify the Contractor from bidding on future Department contracts if the Contractor's payment record in connection with contract work becomes unsatisfactory. 9-5.3 Withholding Payment: 9-5.3.1 Withholding Payment for Defective Work: If the Department discovers any defective work or material prior to the final acceptance,or if the Department has a reasonable doubt as to the integrity of any part of the completed work prior to final acceptance, then the Department will not allow payment for such defective or questioned work until the Contractor has remedied the defect and removed any causes of doubt. 9-5.3.2 Withholding Payment for Failure to Comply: The Department will withhold progress payments from the Contractor if he fails to comply with any or all of the following within 60 days after beginning work: 1.comply with and submit required paperwork relating to prevailing wage rate provisions,Equal Employment Opportunity,On-The-Job Training,and Affirmative Action; 2.comply with the requirement to all necessary information, including actual payments to DBEs,all other subcontractors and major suppliers,through the Internet based Equal Opportunity Reporting System; 3.comply with or make a good faith effort to ensure employment opportunity for minorities and females in accordance with the required contract provisions for Federal Aid Construction Contracts, and -34- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 103 of 106 4.comply with or make a good faith effort to meet On-The-Job Training goals. The Department will withhold progress payments until the Contractor has satisfied the above conditions. 9-5.4 Release of Retainage After Acceptance: When the Contractor has furnished the Department with all submittals required by the Contract,such as invoices, EEO reports,materials certifications, certification of materials procured,etc.,(excluding Contractor's letter of acceptance of final amount due and Form 21-A release)and the Engineer has determined that the measurement and computation of pay quantities is correct,the Department may reduce the retainage to$1,000 plus any amount that the Department elects to deduct for defective work as provided in 9-5.3. The Department may deduct from payment estimates any sums that the Contractor owes to the Department on any account. Where more than one project or job(separate job number) is included in the Contract,the Department will distribute the reduced retainage as provided in the first paragraph of this Subarticle to each separate project or job in the ratio that the Contract value of the work for the particular job bears to the total Contract amount. 9-5.5 Partial Payments for Delivery of Certain Materials: 9-5.5.1 General: The Department will allow partial payments for new materials that will be permanently incorporated into the project and are stockpiled in approved locations in the project vicinity. Stockpile materials so that they will not be damaged by the elements and in a manner that identifies the project on which they are to be used. The following conditions apply to all payments for stockpiled materials: 1. There must be reasonable assurance that the stockpiled material will be incorporated into the specific project on which partial payment is made. 2.The stockpiled material must be approved as meeting applicable specifications. 3. The total quantity for which partial payment is made shall not exceed the estimated total quantity required to complete the project. 4. The Contractor shall furnish the Engineer with copies of certified invoices to document the value of the materials received.The amount of the partial payment will be determined from invoices for the material up to the unit price in the Contract. 5. Delivery charges for materials delivered to the jobsite will be included in partial payments if properly documented. 6. Partial payments will not be made for materials which were stockpiled prior to award of the Contract for a project. 9-5.5.2 Partial Payment Amounts: The following partial payment restrictions apply: 1. Partial payments less than$5,000 for any one month will not be processed. 2.Partial payments for structural steel and precast prestressed items will not exceed 85%of the bid price for the item. Partial payments for all other items will not exceed 75%of the bid price of the item in which the material is to be used. 3. Partial payment will not be made for aggregate and base course material received after paving or base construction operations begin except when a construction sequence designated by the Department requires suspension of paving and base construction after the -35- FPID(S): 446078-1-58-0 I City of Boynton Beach FM#446078-1-58-01 Page 104 of 106 initial paving operations,partial payments will be reinstated until the paving and base construction resumes. 9-5.5.3 Off Site Storage: If the conditions of 9-5.5.1 are satisfied,partial payments will be allowed for materials stockpiled in approved in-state locations.Additionally, partial payments for materials stockpiled in approved out-of-state locations will be allowed if the conditions of 9-5.5.1 and the following conditions are met: 1. Furnish the Department a Materials Bond stating the supplier guarantees to furnish the material described in the Contract to the Contractor and Department. Under this bond,the Obligor shall be the material supplier and the Obligees shall be the Contractor and the Florida Department of Transportation.The bond shall be in the full dollar amount of the bid price for the materials described in the contract. 2.The following clauses must be added to the construction Contract between the Contractor and the supplier of the stockpiled materials: "Notwithstanding anything to the contrary, <supplier>will be liable to the Contractor and the Florida Department of Transportation should<supplier>default in the performance of this agreement." "Notwithstanding anything to the contrary,this agreement,and the performance bond issued pursuant to this agreement,does not alter,modify,or otherwise change the Contractor's obligation to furnish the materials described in this agreement to the Florida Department of Transportation." 3.The agreement between the Contractor and the supplier of the stockpiled materials must include provisions that the supplier will store the materials and that such materials are the property of the Contractor. 9-5.6 Certification of Payment to Subcontractors: The term"subcontractor,"as used herein, includes persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which the Department has made partial payment and firms working under equipment-rental agreements.The Contractor is required to pay all subcontractors for satisfactory performance of their Contracts before the Department will make a further progress (partial)payment. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily complete,as determined by the Department. Prior to receipt of any progress(partial)payment,the prime contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of the subcontractor's work. Provide this certification in the form designated by the Department. Within 30 days of the Contractor's receipt of the final progress payment or any other payments thereafter,except the final payment,the Contractor shall pay all subcontractors and suppliers having an interest in the Contract for all work completed and materials furnished. The Department will honor an exception to the above when the Contractor demonstrates good cause for not making any required payment and furnishes written notification of any such good cause to both the Department and the affected subcontractors or suppliers within said 30 day period. The Contractor shall indemnify and provide defense for the Department when called upon to do so for all claims or suits against the Department,by third parties,pertaining to Contractor payment or performance issues arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract -36- FPID(S): 446078-1-58-01 City of Boynton Beach FM#446078-1-58-01 Page 105 of 106 amount, which shall be the original Contract amount as may be increased by subsequent Supplemental Agreements. -37- FPID(S): 446078-1-58-01 I,It°A t ` • \ � Z City of Boynton Beach yONFOOT-Contract EXHIBIT C WAGE DETERMINATION - SAM.GOV "General Decision Number: FL20250264 01/03/2025 Superseded General Decision Number: FL20240264 State: Florida Construction Type: Highway County: Palm Beach County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered 0 Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an 0 The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) fur all hours spent performing on the contract In 2025. If the contract was awarded on 0 Executive Order 13658 or between January 1, 2015 and generally applies to the i January 29, 2022, and the contract. contract is not renewed or 0 The contractor must pay all' extended on or after January I covered workers at least 30, 2022: $13.30 per hour (or the applicable wage rate listed on this wago determination, if it is higher) for all hours performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://ww.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 SUFL2022-033 06/27/2024 Bid No.PWE24-008-S.E.15"Street Improvements C-9 R&D PAVING LLC. City of Boynton Beach FDOT-Contract Rates Fringes CARPENTER $ 19.98 0.00 CEMENT MASON/CONCRETE FINISHER1 20.11 0.00 ELECTRICIAN.. . . $ 27.05 0.00 IRONWORKER $ 24.44 0.00 LABORER: Asphalt, Includes Raker. Shoveler, Spreader and Distributor $ 16.65 ** e.ee LABORER: Common or General $ 16.94 ** e.ee LABORER: Mason Tender - Cement/Concrete S 20.24 2.01 LABORER: Pipelayer $ 17.15 *• 0.00 LABORER: Grade Checker $ 17.21 ' 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 21.96 2.32 OPERATOR: Bobcat/Skid Steer/Skid loader $ 17.10 *' 0.00 OPERATOR: Boom.... $ 33.61 11.50 OPERATOR: Broom/Sweeper $ 16.46 ** 0.e0 OPERATOR: Bulldozer $ 20.52 0.00 OPERATOR: Crane S 34.84 0.00 OPERATOR: Grader/Blade. .. $ 19.25 0.00 OPERATOR: Loader $ 17.83 0.00 OPERATOR: Mechanic S 29.69 0.00 OPERATOR: Milling Machine $ 19.68 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 21.74 0.00 OPERATOR: Piledriver $ 22.02 0.00 OPERATOR: Roller $ 16.82 ** 0.00 OPERATOR: Scraper ..5 15.54 ** 0.00 OPERATOR: Screed S 19.24 0.e0 OPERATOR: Tractor $ 16.91 '* 0.66 PAINTER .5 21.02 0.00 TRAFFIC CONTROL PERSON . ..$ 16.68 ** 0.00 TRUCK DRIVER: Dump Truck S 16.53 '* 0.00 Bid No.PWE24-008-S.E.1'Street Improvements C-10 R&D PAVING LLC. r) City of Boynton Beach FDOT-Contract TRUCK DRIVER: Flatbed Truck $ 19.46 0.00 TRUCK DRIVER: lowboy Truck $ 21.36 2.45 TRUCK DRIVER: Off the Road rruck $ 16.55 •• 0.00 TRUCK DRIVER: water Truck $ 18.27 0.00 TRUCK DRIVER: Distributor truck $ 19.02 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. `• Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Art for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the FO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplerental classification rate. Union Rate Identifiers Bid No.PWE24-008—S.E.155 Street Improvements C-11 R&D PAVING LLC. -07)= City of Boynton Beach FDOT-Contract A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-805 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers local 0198. The next number, 00S in the example, is an internal number used in processing the wage determination. The date, 07/81/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to MC in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 81/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in Janary, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate Is based. Survey Rate Identifiers The ""SU"' identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported In the survey for that classification. As a weighted average rate includes all rates reportea in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The "'SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAMF7073-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 7073 is the year during which the state completed the survey on which the listed classifications and rates arc based. The next number, 007 in the example, is an Bid No.PWE24-008—S.E.1S`Street Improvements C-12 R&D PAVING LLC. City of Boynton Beach FDOT-Contract internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the Tatter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an Initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHO Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination ratter such as conformance decisions, requests for initial decisions should he directed to the WFID Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-OfficeSdol.gov or by mail to: Branch of Construction Wage Determinations wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that. disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.recorsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any infornation (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Bid No.PWE24-008—S.E.1st Street Improvements C-13 R&D PAVING LLC. City of Boynton Beach FDOT-Contract U.S. Department of Labor 290 Constitution Avenue, N.W. Washington, DC 29219. ■•sacacccacasaa:aa END OF GENERAL DECISION" Bid No.PWE24-008—S.E.1't Street Improvements C-14 R&D PAVING LLC. City of Boynton Beach FDOT Contract EXHIBIT D SIGNED FEDERAL GRANT PROVISIONS Bid No.PWE24-008-S.E.1°L Street Improvements C-15 R&D PAVING LLC. City of Boynton Beach FM#446078-1-58-01 Page 21 of 106 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-46 LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT 09/20 Page 1 of 2 CONFIDENTIAL per Ch 337.14(1)F.S. Fill in your FDOT Vendor Number For bids to be received on 8/15/2025 (Letting Date) VF 454469049001 (Only applicable to FOOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on 2,209,743.10 the"Status of Contracts on Hand" report (page 2) $ I further certify that the"Status of Contracts on Hand"report(page 2)was prepared as follows: 1. If the letting is before the 25'h day of the month, the certificate and report reflect the uncompleted work as of the 15'5 day of the month, last preceding the month of the letting. 2. If the letting is after the 25'day of the month, the certificate and report reflects the uncompleted work in progress as of the 15'h day of the month of the letting. 3. All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against our total rating. R& D Paving, LLC I certify that the information above is correct. NAME OF - 13th -- - Sworn to and subscribed this day By: 1� G— -� of August , 20 25 ncy G. Rosso/ President Title City of Boynton Beach FM#446078-1-58-01 Page 22 of 106 525-010-46 STATUS OF CONTRACTS ON HAND PROGRAM MANAGEMENT20 Page 2d2 (Furnish complete information about all your contracts, whether prime or subcontracts; whether in progress or awarded, but not yet begun; and regardless of whom contracted with.) 1 2 3 4 5 6 UNCOMPLETED AMOUNT TO BE DONE PROJECTS CONTRACT(OR AMOUNT BALANCE OF BY YOU OWNER, LOCATION AND DESCRIPTION SUBCONTRACT) SUBLET CONTRACT AMOUNT TO OTHERS AMOUNT AS PRIME AS CONTRACTOR SUBCONTRACTOR Village of Royal Palm-La Mancha Underdrain $5,069,848.45 $2,529,809.00 $2,540.039.45 $1,120,000.00 Palm Beach County-Haverhill Road /Ceciele Ave $1,132,110.70 $400,000.00 $732,110.70 $732,110.70 Palm Beach County-Blue Heron/Congress Ave $647,632.40 $250,000.00 $397,632.40 $357,632.40 NOTE: Columns 2 and 3 to show total contract(or subcontract)amounts. Column 4 to be difference TOTALS $2,209,743.10 $0.00 between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All amounts to be shown to nearest$100. The Contractor may consolidate and list as a single item all TOTAL UNCOMPLETED WORK ON contracts which, individually,do not exceed 3%of total, and which, in the aggregate, amount to less than HAND TO BE DONE BY YOU 20%of the total. $2,209,743.10 (TOTAL COLUMNS 5 AND 6) P&G/ Bead, Purchasing and Contracts Dnnsion EXHIBIT "E" - STATEMENT OF COMPLIANCE - TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER-INCOME PERSONS A. The project assisted under this (ITB) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 70U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the City of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the(applicant)(recipient), its Contractors and sub-Contractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135. Name of Contractor: R & D Paving, LLC Title of ITB or Spec: S.E. 1st Street Improvements Spec#or ITB#or Purchase Order Bid No: PWE24-008 Will you hire new employees as a result of this contract? Yes [] No [x] • Contractor: Nancy G. Rosso/President/R & D Paving, LLC Contractor's Signature and Title Date: `1 8/13/2025 1 Federal Grant Requirements City of Boynton Beach ''°'." Purchasing and Contracts Division EXHIBIT "F" - CERTIFICATION FOR COMPLIANCE WITH CITY, COUNTY, STATE, FEDERAL LAWS, AND REGULATIONS I, agree to comply with all City, County, State, and Federal laws and regulations, including, but not limited to the following: CONFLICTS OF INTEREST Contractor covenants that no person who presently exercises any functions or responsibility on behalf of the City of Boynton Beach in connection with this agreement has any personal financial interests, direct or indirect,with the Contractor. Contractor further covenants that, in the performance of any contract, no person having such conflicting interest, shall be employed by the Contractor. Any conflict of interest attributable to the Contractor or its employees must be disclosed in writing to the City of Boynton Beach upon discovery. Contractor is aware of the conflict-of-interest laws of the State of Florida, particularly Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly, 24 CFR Part 570 § 570.611, and agrees to comply with all respects to those provisions fully. EQUAL OPPORTUNITY During the performance of this RFQ, the successful Contractor and its sub-Contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub-Contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity, genetic information or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub-Contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub-Contractors, if any, will be made aware of and will comply with this nondiscrimination clause. In the event local laws or ordinances governing equal opportunity apply as well, Contractor agrees to comply. DEBARMENT/SUSPENSION The Contractor certifies, by submission of this certification, that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification. ZONING CODES AND BUILDING CODES 2 Federal Grant Requirements on . City of Boynton Beach '' °� Purchasing and Contracts Division Contractor must comply with the City of Boynton Beach Zoning and Building Codes, the Florida Building Code, local building codes, and other standards established by the City of Boynton Beach, as deemed scary by such agency. Signature Print Name: Nancy G. Rosso/President Date: 8/13/2025 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by means of ® physical presence or D online notarization, this 13th day of August , 20 25 by Nancy G. Rosso as President for R& D Paving, LLC , who is personally known to me or who has produced as identification. Notary Public Signature. c.,,,l Cl �,, State of Florida at Large (Seal) Print Name: T7/r I''J i ct ——— —— —— I 4'k.,."4(1,,,, �e•.. PAULEITA CLARKE +- \ Notary Public•State of Florida `' Commission#NH 423675 ofr,, My Comm.Expires Jul 19,2027 F Bonded through National Notary Assn, r� My commission expires: 7?/Q �'Da7 3 Federal Grant Requirements a.o/Boynton Bosch Purchasing and Contracts Division EXHIBIT "G" — STATE AND FEDERAL STATUTES, REGULATIONS, AND POLICIES Through this agreement, the CDBG funds available to the Subrecipient constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200. All provisions apply to the awarded Contractor and any sub-contractors. The contractor agrees to abide by and enforce all provisions outlined in the solicitation and grant agreement to the Contractor and any sub-contractors. This agreement includes terms and conditions of DEO's Federal award that are imposed on the subrecipient, and the Subrecipient agrees to carry out its obligations in compliance with all the obligations described in this Agreement. Signatut --Print Name: cy G. Ro so/President bate: 8/13/2025 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by means of 0 physical presence or 0 online notarization, this 13th day of August 20 25 by Nancy G. Rosso as President for R&D Paving, LLC , who is personally known to me or who has produced as identification. Notary Public Signature('- State of Florida at Large (Seal) Print Name. !1, crT1 � �R — —--- —— — — • �itrw'.. PAULETTACLARKE ("lit'E' Notary Public-State of Florida .i Commtssion N HH 423675 or ti My Comm.Expires Jul 19,2027 3orded through National Notary Assn. My commission expires: 7 /9 -.cW 4 Federal Grant Requirements Cityoo Boynton Beach o�•` f BY Purchasing and Contracts Division EXHIBIT "H" — BUILD AMERICA, BUY AMERICA ACT (BABA) -INFRASTRUCTURE PROJECTS WITH FEDERAL FUNDED This provision does not apply where a valid waiver is in place. However, it may apply to funds expended before the waiver or after its expiration. Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. d. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into,or affixed to an infrastructure project.As such, it does not apply to tools,equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. J , Signature: NL t N. CA � Z�i Print Name: N G. Ros$o/President Date: 8/13/2025 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by means of la physical presence or O online notarization, this 13th day of August 20 25 by Nancy G. Rosso as President for R&D Paving, LLC , who is personally known to me or who has produced as identification. Notary Public Signaturk k(,..�; (,' � � State of Florida at Large (Seal) Print Name.'-y-,1c.c,?—rn Lica ._044�iAY ou'-•., PAULETTA CLARKE .i.;„. 1,.' Notary Public•State of Florida Commission x HH 423675 , ' o-tiTs' My Comm.Expires Jul 19,2027 .Bonded through National Notary Assn. My commission expires: - 5 Federal Grant Requirements City of Boynton Beach Punchasmg and Contracts Division EXHIBIT "I" - MINORITY/ WOMEN'S / LABOR SURPLUS FIRMS PARTICIPATION Per the requirements of 2 CFR Part 200 §200.321, the City of Boynton Beach encourages the active participation of minority businesses, women's business enterprises, and labor surplus areas firms as a part of any subsequent agreement whenever possible, either as prime contractors or subcontractors. If subcontracts are to be let,through a prime Contractor,that Contractor is required to take the affirmative steps listed in items (1) through (6) below: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 6. The City shall require the prime contractor, if subcontracts are to be let, take the affirmative steps listed in paragraphs (1)through u of this section. Through the submittal of this solicitation, CONTRACTOR confirms and affirms that CONTRACTOR have performed, to the best of their ability, all outreach to small/mino_rity/women-ownd-businesses for sub-contracts outlined above: Signature.;' Na Print Name: Nat,oy G. Rosso/President Date: 8/13/2025 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by means of la physical presence or ❑ online notarization, this 13th day of August 20 25 by Nancy G.Rosso as President for R&D Paving, LLC , who is personally known to me or who has produced as identification. Notary Public SignaturesRA -(1 State of Florida at Large (Seal) Print Name: a)c_ ,rrei ,zxL -- V��°'' Pubhc7ACLARKE I Mycommission expires: 77/'7—r");7 Notary Public-State of Florida p ( l �` Commission#HH 423675 c m.,.' My Comm.Expires Jui 19.2027 ....Bonded through National Notary Assn. 6 Federal Grant Requirements City of Bovnton peach Purchasing and Contracts Division EXHIBIT "J" — DAVIS BACON WAGES This project is federally funded by CDBG and Davis bacon wages shall be applied to this project. Contractor agrees to abide by any Davis bacon wage table regarding this project. DAVIS-BACON ACT (WHEN CONSTRUCTION AGREEMENT/CONTRACT VALUE IS GREATER THAN $2,000): A. All transactions regarding the agreement/contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. §§ 3141-3144, and §§ 3146-3148 and the requirements of 29 C.F.R. pt. 5, as may be applicable. B. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. C. Additionally, Contractor are required to pay wages not less than once a week. Through the completion of this exhibit, Contractor affirms that they will complete this project in aecorda4-Ce ith all wages Tined inthe. plicable Davis bacon wage table. Signatur —-�� Print Name: Nancy G. Rosso/President Date: 8/13/2025 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me, by means of B physical presence or D online notarization, this 13th day of August , 20 25 by Nancy G. Rosso as President for R& D Paving, LLC , who is personally known to me or who has produced as identification. - Notary Public SignatureState of Florida at Large (Seal) Print Name: Jc.Ervni (' PAULET7ACLARKE My commission expires: /49/('‘),;,7 7 ;� r , Notary Public.State of Florida t; Commission#HH 423675 7:1'c7- 1 My Comm.Expires Jul 19,2027 Bonded through National Notary Assn. 7 Federal Grant Requirements FDC:11 , •.. Florida Department of Transportation RON DESANTIS 605 Suwannee Street JARED W.PERDUE,P.E. GOVERNORSECRETARY Tallahassee, FL 32399-0450 April 29,2025 R & D PAVING LLC 400 EXECUTIVE CENTER DRIVE WEST PALM BEACH, FLORIDA 33401 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the type of work indicated below. FOOT APPROVED WORK CLASSES: DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT-MIXED BITUM. COURSES, ROADWAY SIGNING, SIDEWALK Unless notified otherwise, this Certificate of Qualification will expire 6/30/2026. In accordance with Section 337.14(1) , Florida Statutes, an application for qualification must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If the company's maximum capacity has been revised, it may be accessed by logging into the Contractor Prequalif_cation Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification Once logged in, select "View" fcr the most recently approved application, and then click the "Manage" and "Application Summary" tabs. The company may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.) , by accessing the most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that the company has performed such work. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, dd 9C.6.0ZZ.Z James E. Taylor II, Prequalification Supervisor Contracts Administration Office JT II Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov City of Boynton Beach FDOT-Contract EXHIBIT 1 EXECUTED FDOT LOCAL AGENCY PROGRAM AGREEMENT Bid No.PWE24-008-S.E.1s`Street Improvements C-16 R&D PAVING LLC. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 525-010-00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGO Page 1 of 16 FPN: 446078-1-58-01 FPN: FPN: Federal No (FAIN): D422-045-B Federal No (FAIN): Federal No (FAIN): Federal Award Date: 3.29.24 Federal Award Date: Federal Award Date: Fund: Fund: Fund: Org Code: 55043010404 Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: FLAIR Obj: FLAIR Obj: G2U78 County No:93 Contract No: Recipient Vendor No: F596000282025 Recipient Unique Entity ID SAM No: FYYMUAVJDKC6 Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on April 17th, 2024 , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida ("Department"), and City of Boynton Beach (`Recipient"). NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in City of Boynton Beach Various Locations, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before June 30th, 2026. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is$ 5,329,670.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit "B" may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of$1.500,000.00 and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The Department's participation may be increased or reduced upon determination of the actual bid 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 incurred in connection with the completion of the Project. c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EN PROGRAM MANAGEMAGEMT ENT LOCAL AGENCY PROGRAM AGREEMENT OGcro0c-09/22 Page 2 of 16 i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement; iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable. and verifiable units of deliverables are described more fully in Exhibit"A". b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory. the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department.The Recipient shall,within thirty(30)days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance. unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DocuSign Envelope ID A71CBAAC-342D-4C19-8868-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGc/OOc-09/22 Page 3 of 15 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. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual 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 contacted at (850) 413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project 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 Local Agency Program ("LAP") Supplemental Agreement 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 award amount. j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work 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. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. m. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT oocrooc-09/22 Page 4 of 16 "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written. made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which 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 provision of this Agreement. the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement: b. There is any pending litigation with respect to the performance by the Recipient of any of 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 Agreement. requires the approval of the Department or has made a related expenditure or incurred related 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 14.f.; 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 Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department's issuance of a Notice to Proceed("NTP"), costs incurred after the expiration 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 borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the 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 applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual (FDOT Topic No. 525-010-300),which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. 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 specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities. including those dealing with cost, time, DocuSign Envelope ID.A71CBAAC-342D-4C19-886B-936FDD6B804D 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCIOOC-09122 Page 5 of 15 adherence to contract requirements, construction quality and scope of Federal-aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues, iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews 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 Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation; vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the 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 Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal 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. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit"I", 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 Recipient 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 necessary funds for completion of the Project. 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 submissions using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies 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 Department to proceed with the Project or part thereof involving such cost (23 Cf.R. 1.9 (a)). If FHWA or the Department determines that any amount DocuSign Envelope ID:A71CBAAC-342D-4C19-8868-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-09/22 Page 6 of 15 claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, 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 within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department 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 September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange 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 below. a. In 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 fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed 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 Department through this Agreement is subject to the following requirements: i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F —Audit Requirements, the Recipient must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200. Subpart F —Audit Requirements. In 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 occurs, 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 accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, will meet the requirements of this part. ii. In 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. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-09/22 Page 7 of 15 iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F —Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSinqleAuditdot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at https://harvester.census.gov/facweb/the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinqleAuditdot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F—Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSinqleAuditdot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 9. Termination or Suspension of Project: DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 PROGRAM MANAGEMENT 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT OGCOOC-o9/22 Page 8 of 16 The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If 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. In this event, the Parties shall agree upon the termination conditions. c. If 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. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall 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 expended in violation of the Agreement. e. The Department 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 itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient 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 consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract 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, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department,the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In 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 consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit"G", FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department's first priority for the Recipient. If lane or road closures are required by the LA to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately once the travelling public are not at imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally delivered projects. Defect management and supervision of LAP project structures components must be DocuSign Envelope ID:A71CBAAC-342D-4019-886B-936FDD6B804D 525-010-00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OG -O2 Page 9 of 16 proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction. whether or not the defects are considered an imminent risk to life. health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction. the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with the CPAM. Section 9.1.8 regarding actions for maintenance of traffic and safety concerns. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, 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 Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions." in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures,with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Recipient agrees as follows. and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder,and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit"C",Title VI Assurances in all contracts DocuSign Envelope ID A71CBAAC-342D-4C19-886B-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/00C-09/22 Page 10 of 15 with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. d. In 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 Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. e. An entity or affiliate who has had its Certificate 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 construction 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 Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. 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 interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which 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. 15. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. DocuSign Envelope ID:A71CBAAC-342D-4C19-8868-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 PROGRAM MANAGEMENT0 LOCAL AGENCY PROGRAM AGREEMENT OGc/00c-09/22 Page 11 of 16 b. To the extent provided by law, Recipient shall indemnify,defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or Recipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY]. The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of[RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY]to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. 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 occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance 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 Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates 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 given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ❑ shall ▪ shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION -40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGc/0OC-09/22 Page 12 of 15 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. Miscellaneous Provisions: a. 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 incurred 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. 1251- 1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c. In no event shall 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 breach or default. d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. e. 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. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities,the Recipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Recipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department 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. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient's facility, adequate title is in the Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGGOOC o9/22 Page 13 of 16 making of any federal loan,the entering into of any cooperative agreement, and the extension.continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction. Engineering and Inspection services on the Project. I. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures. and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. 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. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term n. This Agreement 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 electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. 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. p. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and 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. 18. Exhibits: a. Exhibits "A", "B", "C", "0", "E" and "F" are attached to and incorporated into this Agreement. b. ® If this Project includes Phase 58 (construction) activities, then Exhibit "G". FHWA FORM 1273, is attached and incorporated into this Agreement. c. ❑Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions. is attached and incorporated into this Agreement. d. ❑ State funds are used on this Project. If state funds are used on this Project. then Exhibit "I", 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. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this Agreement. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGcIO0D—o9P22 Page 14 of 16 f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit "L", Landscape Maintenance. is attached and incorporated into this Agreement. g. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit"N", Traffic Signal Maintenance is attached and incorporated into this Agreement. i. ❑A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit"0", Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. j. ❑ The following Exhibit(s) are attached and incorporated into this Agreement: k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E. Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements * Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions * Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance (Florida Single Audit Act) * Exhibit K: Advance Project Reimbursement * Exhibit L: Landscape Maintenance * Exhibit M: Roadway Lighting Maintenance * Exhibit N: Traffic Signal Maintenance * Exhibit 0: Terms and Conditions of Construction in Department Right-of-Way *Additional Exhibit(s): * Indicates that the Exhibit is only attached and incorporated if applicable box is selected. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-09122 Page 15 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. RECIPIENT STATE OF FLORID EX,, 11 NT OF TRANSPORTATION ____. _ ` By: _ t By: jo( ,t 4Wtt- Naffi� Name: John . ,DP.E4.A5 Title: Danie - I3 ltrer0 Title: Director of Transportation Development City Manager 04/17/2024 I 5:18 PM EDT Approved as to Fqrm: .L/, Legal Review: By• dOt‘ini:i , }{ /1 ne , DocuSigned by: Shawna G. Lamb [/( FPattut&t, Sft Lia+iUUA, City Attorney ` 43DEGBDDD301464 DocuSign Envelope ID.A71CBAAC-342D-4C19-886B-936FDD6B804D Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0A LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 446078-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and City of Boynton Beach (the Recipient) PROJECT LOCATION ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: Project Length: 0.841 Mile Post: 93900239 -0.000-0.750 93900240-0.197-0.288 PROJECT DESCRIPTION: Construction of a 8-10' wide shared used path on the west side of SE 1St St from E Woolbright Rd to SE 2nd Ave. and a 5' wide sidewalk on the south side of SE 5'h Ave between SE 1st St and railroad crossing right of way. This project also includes drainage along with signing and pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A. b) Design to be completed by N/A. c) Right-of-Way requirements identified and provided to the Department by N/A. d) Right-of-Way to be certified by 11.30.23. e) Construction contract to be let by 3.5.24. f) Construction to be completed by 6.30.26 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: Issuance of the Notice to Proceed (NTP)to the City of Boynton Beach is subject to the submittal and approval of the LAP Certification package and the Production Package which includes 100% Signed and Sealed plans, approved cost estimate, technical specifications, executed construction contracts checklist and right-of-way certification. Page 1 of 2 DocuSign Envelope ID.A71CBAAC-342D-4C19-886B-936FDD6B804D Page 2 of 2 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D Alt Form 525-010-408 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0B LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 8/21 Page 1 of 1 EXHIBIT B SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME& BILLING ADDRESS: FINANCIAL PROJECT NUMBER: Milot Emile, P.E. 446078-1-58-01 Interim City Engineer 124 E.Woolbright Rd. Boynton Beach, Florida 33435 MAXIMUM PARTICIPATION (1) TOTAL PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL 2FUNDS STATE FUNDS FEDERAL)FUNDS Design-Phase 38 FY (Insert Proqram Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY (Insert Program Name) $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right-of-Way-Phase 48 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ S $ FY: (Insert Program Name) $ $ S $ Total Right-of-Way Cost $ 0 00 $ 0.00 S 0.00 $ 0.00 Construction-Phase 58 FY: 2024 (Ransportation Alternative) $5,329,670.00 $3,829,670.00 $ S 1,500,000.00 FY: (Insert Program Name) $ $ $ s FY: (Insert Program Name) $ $ $ $ Total Construction Cost $5,329,670.00 $3,829,670.00 $ 0.00 $1,500,000.00 Construction Engineering and Inspection(CEI)-Phase 68 FY (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY (Insert Program Name) $ $ $ $ Total CEI Cost $ 0.00 $ 0.00 $ 0 00 $ 0.00 (Insert Phase) FY: (Insert Program Name) $ $ S $ FY: (Insert Program Name) $ $ S $ FY: (Insert Program Name) $ $ S $ Total Phase Costs $ 0 00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $5,329,670.00 $3,829,670.00 $ 0.00 $1,500,000.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475,F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Mya Gray District Grant Manager Name —DocuSigned by: ` kr a a'ati 04/19/2024 I 3:16 PM EDT Signa. °3FA3F38F9268404 Date DocuSign Envelope ID.A71CBAAC-342D-4C19-886B-936FDD6B804D Aft Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05121 Page 1 of 2 EXHIBIT C TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest(hereinafter collectively referred to as the"contractor")agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall not discriminate on the basis of race,color,national origin,or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discnmination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS 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 Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, 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 contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 525-011-0C PROGRAM MANAGEMENT 05/21 Page 2 of Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation. termination or suspension of the contract. in whole or in part (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs(1)through(7)in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that. in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition,the contractor 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: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252). (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 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 amended, (prohibits discrimination on the basis of disability),and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.).(prohibits discrimination on the basis of age):Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients.sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131 -- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute(49 U S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies. and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations: Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). DocuSign Envelope ID A71CBAAC-342D-4C19-886B-936FDD6B804D All Form 525-010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05/21 Page 1 of 1 EXHIBIT D RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D The City of Boynton Beach City Clerk's Office 100 E Ocean Avenue Boynton Beach FL 33435 tc = 111 6c1 (561) 742-6060 FAX: (561) 742-6090 r ''rG ti 5.‘. E-mail: cityclerk@bbfl.us www.boynton-beach.org CERTIFICATION I, MAYLEE DE JESUS, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution No. R24-010 consisting of 2 pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 23rd day of January, 2024. BO �., .•'coRPp ��j,, ilf k ., S�' <^',¢'1, MAY JESUS; MPA, MMC ",R,� L ? CITY C K 1g� olr�; a. I 6. --c-0 O ,., (SEAL) , ��.Rlpp•.•• S:\CC\WP\Certifications\Resolutions\R24-010 LAP Agreement.docx America's Gateway to the Gulfstream DocuSign Envelope ID:A71CBAAC-342D-4C19-8868-936FDD6B804D 1 RESOLUTION NO. R24-010 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 THE LOCAL AGENCY PROGRAM AGREEMENT (LAP AGREEMENT), 6 ACCEPT THE LAP AGREEMENT AND EXECUTE ALL DOCUMENTS 7 ASSOCIATED WITH THE LAP AGREEMENT SUBJECT TO THE 8 APPROVAL OF THE CITY ATTORNEY, FOR THE SE 1ST STREET 9 COMPLETE STREETS IMPROVEMENT PROJECT; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, the SE 1st Street Complete Streets Improvement project is located 13 between East Woolbright Road and SE 2nd Avenue; and 14 WHEREAS, the project, with an estimated cost of $5,329,670, will provide enhanced 15 pedestrian connectivity and safety via a 10-foot shared use path on the west side of the street, 16 roadway improvements, drainage improvements, and traffic calming throughout the project 17 location, as well as a sidewalk on the south side of SE 5th Avenue between SE 1st Street and 18 the west side of the FEC railroad; and 19 WHEREAS, entering into the LAP Agreement will allow the City to receive funding for 20 the construction of the project in the amount of$1,500,000.00; and 21 WHEREAS, the City Commission, upon recommendation of staff, deems it 22 appropriate to approve and authorize the City Manager to sign the Local Agency Program 23 Agreement (LAP Agreement), accept the LAP Agreement, and execute all documents 24 associated with the LAP Agreement subject to the approval of the City Attorney, for the SE 25 1st Street Complete Streets improvement project. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 hereby approve and authorize the City Manager to sign the Local Agency Program 33 Agreement (LAP Agreement), accept the LAP Agreement, and execute all documents S:\CC\WP\CCAGENDA12024101-16-2024 CC\R24-010 LAP -_FDOT_SE. 1st_Street_Sidewalk_improvements..2024_docx DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 34 associated with the LAP Agreement, subject to the approval of the City Attorney, for the SE 35 1st Street Complete Streets improvement project, a copy of which is attached hereto and 36 incorporated herein as Exhibit "A." 37 Section 3. That this Resolution shall take effect immediately upon passage. 38 39 PASSED AND ADOPTED this 16th day of January 2024. 40 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor-Ty Penserga 46 47 Vice Mayor-Thomas Turkin _ 48 49 Commissioner-Angela Cruz _!L 50 51 Commissioner-Woodrow L. Hay 52 53 Commissioner-Aimee Kelley 54 55 VOTE 56 57 ATTEST: 58 J 59 e 1'LAIL,Afrin z / 4f>t , 60 Tammy Sta ione, CM Ty 'er •ga 61 Deputy City Clerk Ma •r 62 63 APPROVED AS TO FORM: 64 (Corporate Seal) 65 '�`A.•�Fco o y,4,2;; v'9i444/A4 U_J , 67 i :SNC Shawna G. Lamb 68 S ? .'11%4T i City Attorney 69 's •• 92• 0 Fp; , 4%'A?� °Rip...••• A S:\CC\WP\CCAGENDA12024101-16-2024 CC\R24-010 LAP_-_ FDOT_SE 1st_Street_Sidewalk_improvements__2024..docx DocuSign Envelope ID-A71CBAAC-342D-4C19-886B-936FDD6B804D Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OE LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 11/22 Page 1 of 1 EXHIBIT E FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program https://beta.sam.gov/fall1093726316c3409a8e50f4c75f5ef2c6/view?keywords=20.205&sort=- Site: relevance&index=cfda&is active=true&page=1 Award Amount: $1,500,000.00 Awarding Florida Department of Transportation Agency: Award is for No R&D: Indirect Cost N/A Rate: FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards http.//www ecfr qov/cqi-bin/text-idx?node=2 1 1 2.2.1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23—Highways, United States Code http://uscode.house.qov/browse/prelim(c�title23&edition=prelim Title 49—Transportation, United States Code http://uscode house.gov/browse/prelim@title49&edition=prelim Infrastructure Investment and Jobs Act(IIJA) (Public Law 117-58,also known as the"Bipartisan Infrastructure Law") https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf Federal Highway Administration— Florida Division http.//www fhwa.dot.qov/fldiv/ Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) https://www.fsrs.qov/ DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D Alt Form 525-010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OF LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 05(21 Page 1 of 2 EXHIBIT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with supporting receipts and invoices. Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in s. 273.02, F.S., for subsequent transfer to the State. Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. DocuSign Envelope ID:A71CBAAC-342D-4C19-8868-936FDD6B804D Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforState Expenditures.pdf. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D Alt Form 525-010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-0G LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 10/23 Page 1 of 1 EXHIBIT G FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC—COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated October 23, 2023 is appended in its entirety to this Exhibit. FHWA-1273 may also be referenced on the Department's website at the following URL address: http.//www.fhwa.dot.qov/programadmin/contracts/1273/1273.pdf Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA-1273. DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D FHWA-1273—Revised October 23.2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I General and with the assistance of workers under the contractors II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework,station work.or by subcontract. 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3 A breach of any of the stipulations contained in these VI Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety:Accident Prevention withholding of progress payments,withholding of final VIII False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment,Suspension. Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract. XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole,supervised release,or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A.Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230,Subpart A,Appendix A;EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1 Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23,United States construction contracts and to all related construction Code.as required in 23 CFR 633.102(b)(excluding subcontracts of$10.000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies:Executive Order 11246.41 CFR 633.102(e). Part 60.29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U S.C. incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts order,rental agreement or agreement for other services The 21,26,and 27;and 23 CFR Parts 200.230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e) requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding subcontracts for design services, purchase orders,rental agreements and other agreements for Note:The U.S.Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60. subcontractor,lower-tier subcontractor or service provider and 29 CFR Parts 1625-1627 The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.0 incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders,rental 21.26,and 27;and 23 CFR Parts 200,230,and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A,Appendix A,with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements 1 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D 1.Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks.or imposed pursuant to 23 U.S C 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4.Recruitment:When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation:"An Equal Opportunity Employer." All such are incorporated by reference in this contract.In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement.conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment.without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals.the sexual orientation,gender identity,color,national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion,or transfer;recruitment or recruitment compliance with EEO contract provisions. Where advertising;layoff or termination.rates of pay or other forms implementation of such an agreement has the effect of of compensation;and selection for training.including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship.and/or on-the-job contractor to do the same.such implementation violates training." Federal nondiscrimination provisions 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type,including hiring,upgrading, staff who are authorized to hire,supervise,promote.and promotion,transfer,demotion,layoff,and termination,shall be discharge employees.or who recommend such action or are taken without regard to race,color,religion,sex,sexual substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum. do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b The contractor will periodically evaluate the spread of not less often than once every six months.at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official c The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer.covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract.will attempt to resolve women. such complaints,and will take appropriate corrective action 2 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D • within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246.as amended,and these 6.Training and Promotion: special provisions,such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating,qualifying.and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants I applicants for employment or current employees Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractors work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations.the would cause an undue hardship contractor shall make full use of training programs(i.e., apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race.color,religion,sex.sexual this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age.or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors.including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers.and lessors of their EEO obligations under this contract d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor.either directly or through a (DBE)program are incorporated by reference. contractor's association acting as agent,will include the procedures set forth below: b. The contractor.subrecipient or subcontractor shall not discriminate on the basis of race.color.national origin.or sex a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry cooperation with the unions.joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts.Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment of this contract.which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to: EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments; union will be contractually bound to refer applicants without (2)Assessing sanctions: regard to their race,color,religion,sex,sexual orientation. (3)Liquidated damages:and/or gender identity,national origin.age,or disability. (4)Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor.the contractor shall so certify to 11.Records and Reports:The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts.fill the employment vacancies without regard to race.color,religion,sex.sexual a. The records kept by the contractor shall document the orientation.gender identity.national origin,age,or disability, following: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide 3 DocuSign Envelope ID'A71CBAAC-342D-4C19-886B-936FDD6B804D (1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project: (2)The progress and efforts being made in cooperation The following provisions are from the U S.Department of with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (3)The progress and efforts being made in locating,hiring, training.qualifying,and upgrading minorities and women 1. Minimum wages(29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits All laborers and report to the contracting agency each July for the duration of mechanics employed or working upon the site of the work(or the project indicating the number of minority.women,and non otherwise working in construction or development of the minority group employees currently engaged in each work project under a development statute),will be paid classification required by the contract work. This information is unconditionally and not less often than once a week,and to be reported on Form F91 The staffing data should without subsequent deduction or rebate on any account force o represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job (except such payroll deductions as are permitted by training is being required by special provision,the contractor regulations issued by the Secretary of Labor under the will be required to collect and report training data. The Copeland Act(29 CFR part 3)),the full amount of basic hourly employment data should reflect the work force on board during wages and bona fide fringe benefits(or cash equivalents all or any part of the last payroll period preceding the end of thereof)due at time of payment computed at rates not less July than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may III.NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers and mechanics As provided in paragraphs(d)and(e)of 29 This provision is applicable to all Federal-aid construction CFR 5.5,the appropriate wage determinations are effective by contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the than$10,000. 41 CFR 60-1.5. contract Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act( ) As prescribed by 41 CFR 60-1.8.the contractor must ensure U.S C.3141(2)(8))on behalf of laborers or mechanics are that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics,subject manner that segregation on the basis of race,color,religion. to the provisions of paragraph 1.e.of this section;also,regular sex,sexual orientation,gender identity,or national origin contributions made or costs incurred for more than a weekly cannot result. The contractor may neither require such period(but not less often than quarterly)under plans,funds,or segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period.are by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such further to ensure that its employees are not assigned to weekly period.Such laborers and mechanics must be paid the perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage control where the facilities are segregated. The term"facilities" determination for the classification(s)of work actually includes waiting rooms.work areas.restaurants and other Performed,without regard to skill,except as provided in eating areas,time clocks,restrooms,washrooms,locker paragraph 4.of this section. Laborers or mechanics performing rooms and other storage or dressing areas,parking lots. work in more than one classification may be compensated at drinking fountains.recreation or entertainment areas, the rate specified for each classification for the time actually transportation,and housing provided for employees. The worked therein:Provided,That the employer's payroll records contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in necessary dressing or sleeping areas to assure privacy which work is performed.The wage determination(including between sexes any additional classifications and wage rates conformed under paragraph 1 c.of this section)and the Davis-Bacon poster (WH-1321)must be posted at all times by the contractor and IV. DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and b.Frequently recurring classifications. (1)In addition to wage lower-tier subcontracts(regardless of subcontract size),in and fringe benefit rates that have been determined to be accordance with 29 CFR 5.5 The requirements apply to all prevailing under the procedures set forth in 29 CFR part 1,a projects located within the right-of-way of a roadway that is wage determination may contain,pursuant to§1 3(f),wage functionally classified as Federal-aid highway 23 U.S.0 113 and fringe benefit rates for classifications of laborers and This excludes roadways functionally classified as local roads mechanics for which conformance requests are regularly or rural minor collectors,which are exempt 23 U.S.C. 101. submitted pursuant to paragraph 1.c.of this section,provided Where applicable law requires that projects be treated as a that project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project Examples (i)The work performed by the classification is not include:Surface Transportation Block Grant Program projects performed by a classification in the wage determination for funded under 23 U S C. 133[excluding recreational trails which a prevailing wage rate has been determined: projects],the Nationally Significant Freight and Highway 4 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D (ii)The classification is used in the area by the under paragraphs 1.c.(3)and(4)of this section.The contractor construction industry;and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage (iii)The wage rate for the classification bears a reasonable determination.The wage rate(including fringe benefits where relationship to the prevailing wage rates contained in the appropriate)determined pursuant to paragraph 1.c(3)or(4)of wage determination. this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii)of this d.Fringe benefits not expressed as an hourly rate section.Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit wage determination for such classification which is not expressed as an hourly rate,the contractor may either pay the benefit as stated in the wage determination or c Conformance. (1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics.including helpers,which is equivalent thereof not listed in the wage determination and which is to be employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make the wage determination.Conformance of an additional payments to a trustee or other third person,the contractor may classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program.Provided.That (i)The work to be performed by the classification the Secretary of Labor has found,upon the written request of requested is not performed by a classification in the wage the contractor.in accordance with the criteria set forth in determination;and §5.28,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the (ii)The classification is used in the area by the meeting of obligations under the plan or program. construction industry;and f.Interest. In the event of a failure to pay all or part of the (iii)The proposed wage rate,including any bona fide fringe wages required by the contract,the contractor will be required benefits.bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages. contained in the wage determination. (2)The conformance process may not be used to split, 2. Withholding(29 CFR 5.5) subdivide,or otherwise avoid application of classifications listed in the wage determination a. Withholding requirements.The contracting agency may, upon its own action,or must.upon written request of an (3)If the contractor and the laborers and mechanics to be authorized representative of the Department of Labor.withhold employed in the classification(if known).or their or cause to be withheld from the contractor so much of the representatives,and the contracting officer agree on the accrued payments or advances as may be considered classification and wage rate(including the amount designated necessary to satisfy the liabilities of the prime contractor or any for fringe benefits where appropriate),a report of the action subcontractor for the full amount of wages and monetary relief. taken will sent by the contracting officer by email to including interest,required by the clauses set forth in this DBen will be sent by the qov.The Administrator.or an section for violations of this contract,or to satisfy any such liabilities required by any other Federal contract,or federally authorized representative,will approve,modify,or disapprove assisted contract subject to Davis-Bacon labor standards,that every additional classification action within 30 days of receipt is held by the same prime contractor(as defined in§5.2).The and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under contracting officer within the 30—day period that additional time this contract,any other Federal contract with the same prime is necessary. contractor.or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is (4)In the event the contractor,the laborers or mechanics to held by the same prime contractor,regardless of whether the be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency. the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate(including the amount designated for which the funds were withheld.In the event of a for fringe benefits,where appropriate),the contracting officer contractor's failure to pay any laborer or mechanic,including will.by email to DBAconformance(aldol.gov, refer the any apprentice or helper working on the site of the work all or questions.including the views of all interested parties and the part of the wages required by the contract,or upon the recommendation of the contracting officer,to the Administrator contractor's failure to submit the required records as discussed for determination The Administrator,or an authorized in paragraph 3.d.of this section,the contracting agency may representative,will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30—day period that additional time suspension of any further payment.advance.or guarantee of is necessary funds until such violations have ceased. (5)The contracting officer must promptly notify the b.Priority to withheld funds. The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph 5 DocuSign Envelope ID'A71CBAAC-342D-4C19-886B-936FDD6B804D 2.a.of this section or Section V,paragraph 3.a.,or both,over agency.The prime contractor is responsible for the submission claims to those funds by. of all certified payrolls by all subcontractors.A contracting agency or prime contractor may permit or require contractors (1)A contractor's surety(ies),including without limitation to submit certified payrolls through an electronic system,as performance bond sureties and payment bond sureties; long as the electronic system requires a legally valid electronic signature;the system allows the contractor.the contracting agency,and the Department of Labor to access the certified (2)A contracting agency for its reprocurement costs: payrolls upon request for at least 3 years after the work on the prime contract has been completed;and the contracting (3)A trustee(s)(either a court-appointed trustee or a U.S. agency or prime contractor permits other methods of submission in situations where the contractor is unable or trustee,or both)in bankruptcy of a contractor,or a contractor's bankruptcy estate; limited in its ability to use or access the electronic system (4)A contractor's assignee(s); (2)Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a(2)of this (5)A contractor's successor(s);or section,except that full Social Security numbers and last known addresses,telephone numbers,and email addresses must not be included on weekly transmittals. Instead,the (6)A claim asserted under the Prompt Payment Act.31 certified payrolls need only include an individually identifying U S.C.3901-3907. number for each worker(e.g.,the last four digits of the worker's Social Security number) The required weekly 3.Records and certified payrolls(29 CFR 5.5) certified payroll information may be submitted using Optional Form WH-347 or in any other format desired.Optional Form WH-347 is available for this purpose from the Wage and Hour a.Basic record requirements(1)Length of record retention. Division website at https://www.dol.gov/sites/dolgov/files/WHD/ All regular payrolls and other basic records must be legacy/files/wh347/pdf or its successor website It is not a maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last mechanics working at the site of the work(or otherwise known addresses,telephone numbers,and email addresses to working in construction or development of the project under a the prime contractor for its own records,without weekly development statute)for a period of at least 3 years after all submission by the subcontractor to the contracting agency. the work on the prime contract is completed. (2)Information required Such records must contain the (3)Statement of Compliance. Each certified payroll submitted must be accompanied by a"Statement of name,Social Security number;last known address,telephone Compliance."signed by the contractor or subcontractor,or the number,and email address of each such worker;each contractor's or subcontractor's agent who pays or supervises worker's correct classification(s)of work actually performed, the payment of the persons working on the contract.and must hourly rates of wages paid(including rates of contributions or certify the following costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.0 3141(2)(B)of the Davis-Bacon Act):daily and weekly number (i)That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b deductions made:and actual wages paid. of this section.the appropriate information and basic records are being maintained under paragraph 3 a.of this section. (3)Additional records relating to fringe benefits.Whenever and such information and records are correct and complete; the Secretary of Labor has found under paragraph 1.e of this section that the wages of any laborer or mechanic include the (ii)That each laborer or mechanic(including each helper amount of any costs reasonably anticipated in providing and apprentice)working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned.without 3141(2)(B)of the Davis-Bacon Act,the contractor must rebate,either directly or indirectly,and that no deductions maintain records which show that the commitment to provide have been made either directly or indirectly from the full such benefits is enforceable,that the plan or program is wages earned,other than permissible deductions as set financially responsible,and that the plan or program has been forth in 29 CFR part 3;and communicated in writing to the laborers or mechanics affected. and records which show the costs anticipated or the actual (iii)That each laborer or mechanic has been paid not less cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash equivalents for the classification(s)of work actually (4)Additional records relating to apprenticeship Contractors performed.as specified in the applicable wage determination with apprentices working under approved programs must incorporated into the contract. maintain written evidence of the registration of apprenticeship programs,the registration of the apprentices,and the ratios (4)Use of Optional Form WH-347. The weekly submission and wage rates prescribed in the applicable programs of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for b Certified payroll requirements(1)Frequency and method submission of the"Statement of Compliance"required by of submission. The contractor or subcontractor must submit paragraph 3 b.(3)of this section. weekly,for each week in which any DBA-or Related Acts- covered work is performed.certified payrolls to the contracting 6 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D (5)Signature.The signature by the contractor, of each covered worker,and must provide them upon request subcontractor,or the contractor's or subcontractor's agent to the contracting agency,the State DOT,the FHWA,the must be an original handwritten signature or a legally valid contractor.or the Wage and Hour Division of the Department electronic signature. of Labor for purposes of an investigation or other compliance action. (6)Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to 4.Apprentices and equal employment opportunity(29 CFR civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5) U.S.C.3729. a.Apprentices(1)Rate of pay.Apprentices will be permitted (7)Length of certified payroll retention.The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed. with the U.S. Department of Labor.Employment and Training Administration,Office of Apprenticeship(OA).or with a State c. Contracts,subcontracts,and related documents.The Apprenticeship Agency recognized by the OA.A person who is contractor or subcontractor must maintain this contract or not individually registered in the program,but who has been subcontract and related documents including,without certified by the OA or a State Apprenticeship Agency(where limitation,bids,proposals,amendments,modifications.and appropriate)to be eligible for probationary employment as an extensions.The contractor or subcontractor must preserve apprentice,will be permitted to work at less than the these contracts,subcontracts,and related documents during predetermined rate for the work they perform in the first 90 the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a work on the prime contract is completed. program.In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program,the contractor will no longer be d.Required disclosures and access(1)Required record permitted to use apprentices at less than the applicable disclosures and access to workers.The contractor or predetermined rate for the work performed until an acceptable subcontractor must make the records required under program is approved. paragraphs 3.a.through 3.c.of this section,and any other documents that the contracting agency,the State DOT,the (2)Fringe benefits Apprentices must be paid fringe benefits FHWA,or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe any of the applicable statutes referenced by§5.1,available for benefits.apprentices must be paid the full amount of fringe inspection,copying,or transcription by authorized benefits listed on the wage determination for the applicable representatives of the contracting agency.the State DOT,the classification. If the Administrator determines that a different FHWA,or the Department of Labor,and must permit such practice prevails for theapplicable representatives to interview workers during working hours on apprentice classification. the job. fringe benefits must be paid in accordance with that determination. (2)Sanctions for non-compliance with records and worker (3)Apprenticeship ratio.The allowable ratio of apprentices to access requirements If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must submit the required records or to make them available,or not be greater than the ratio permitted to the contractor as to refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio the job,the Federal agency may,after written notice to the applicable to the locality of the project pursuant to paragraph contractor.sponsor,applicant,owner,or other entity,as the 4.a(4)of this section.Any worker listed on a payroll at an case may be.that maintains such records or that employs such workers.take such action as may be necessary to cause apprentice wage rate.who is not registered or otherwise the suspension of any further payment,advance,or guarantee employed as stated in paragraph 4 a.(1)of this section,must be of funds. Furthermore,failure to submit the required records Paid not less than the applicable wage rate on the wage determination for the classification upon request or to make such records available,or to permit of work actually performed worker interviews during working hours on the job,may be In addition,any apprentice performing work on the job site in excess of the ratio permitted under this section grounds for debarment action pursuant to§5.12 In addition, must be paid any contractor or other person that fails to submit the required not less than the applicable wage rate on the wage records or make those records available to WHD within the determination for the work actually performed. time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative (4)Reciprocity of ratios and wage rates Where a contractor proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than that were not provided or made available to WHD.WHD will the locality in which its program is registered.the ratios and take into consideration a reasonable request from the wage rates(expressed in percentages of the journeyworker's contractor or person for an extension of the time for hourly rate)applicable within the locality in which the submission of records.WHD will determine the construction is being performed must be observed. If there is reasonableness of the request and may consider,among other no applicable ratio or wage rate for the locality of the project. things,the location of the records and the volume of the ratio and wage rate specified in the contractor's registered production program must be observed. (3)Required information disclosures.Contractors and b.Equal employment opportunity.The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address,telephone number,and email address 7 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D the equal employment opportunity requirements of Executive b.No part of this contract shall be subcontracted to any Order 11246,as amended.and 29 CFR part 30. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C.3144(b)or§5 12(a). c. Apprentices and Trainees(programs of the U.S.DOT). c The penalty for making false statements is prescribed in Apprentices and trainees working under apprenticeship and the U.S Code,Title 18 Crimes and Criminal Procedure, 18 skill training programs which have been certified by the U.S.C. 1001. Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 11.Anti-retaliation. It is unlawful for any person to discharge, subject to the requirements of paragraph 4 of this Section IV. demote,intimidate,threaten.restrain,coerce,blacklist.harass, 23 CFR 230.111(e)(2).The straight time hourly wage rates for or in any other manner discriminate against.or to cause any apprentices and trainees under such programs will be person to discharge.demote,intimidate.threaten,restrain. established by the particular programs.The ratio of coerce,blacklist,harass,or in any other manner discriminate apprentices and trainees to journeyworkers shall not be against,any worker or job applicant for greater than permitted by the terms of the particular program. a.Notifying any contractor of any conduct which the worker 5.Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA.Related contractor shall comply with the requirements of 29 CFR part Acts.this part,or 29 CFR part 1 or 3; 3,which are incorporated by reference in this contract as provided in 29 CFR 5.5. b Filing any complaint,initiating or causing to be initiated any proceeding,or otherwise asserting or seeking to assert on 6.Subcontracts.The contractor or subcontractor must insert behalf of themselves or others any right or protection under the FHWA-1273 in any subcontracts,along with the applicable DBA,Related Acts,this part.or 29 CFR part 1 or 3; wage determination(s)and such other clauses or contract modifications as the contracting agency may by appropriate instructions require.and a clause requiring the subcontractors c.Cooperating in any investigation or other compliance to include these clauses and wage determination(s)in any action,or testifying in any proceeding under the DBA,Related lower tier subcontracts The prime contractor is responsible for Acts,this part,or 29 CFR part 1 or 3;or the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In d.Informing any other person about their rights under the the event of any violations of these clauses.the prime DBA,Related Acts,this part,or 29 CFR part 1 or 3 contractor and any subcontractor(s)responsible will be liable for any unpaid wages and monetary relief,including interest from the date of the underpayment or loss.due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS of lower-tier subcontractors,and may be subject to debarment, ACT as appropriate. 29 CFR 5.5 7.Contract termination:debarment. A breach of the Pursuant to 29 CFR 5.5(b),the following clauses apply to any contract clauses in 29 CFR 5.5 may be grounds for termination Federal-aid construction contract in an amount in excess of of the contract,and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the subcontractor as provided in 29 CFR 5 12, Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph.the 8.Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and requirements. All rulings and interpretations of the Davis- guards. Bacon and Related Acts contained in 29 CFR parts 1,3.and 5 are herein incorporated by reference in this contract as 1.Overtime requirements. No contractor or subcontractor provided in 29 CFR 5.5. contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall 9.Disputes concerning labor standards.As provided in 29 require or permit any such laborer or mechanic in any CFR 5.5.disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such clause of this contract.Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours set forth in 29 CFR parts 5.6,and 7.Disputes within the worked in excess of forty hours in such workweek 29 CFR meaning of this clause include disputes between the contractor 5.5. (or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,or the employees or their representatives. 2.Violation; liability for unpaid wages; liquidated damages.In the event of any violation of the clause set forth in paragraph 1.of this section the contractor and any 10.Certification of eligibility.a. By entering into this contract, subcontractor responsible therefor shall be liable for the the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment who has an interest in the contractors firm is a person or firm In addition,such contractor and subcontractor shall be liable to ineligible to be awarded Government contracts by virtue of 40 the United States(in the case of work done under contract for U S C 3144(b)or§5.12(a). the District of Columbia or a territory,to such District or to such territory).for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or 8 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D mechanic,including watchpersons and guards.employed in event of any violations of these clauses,the prime contractor violation of the clause set forth in paragraph 1.of this section, and any subcontractor(s)responsible will be liable for any in the sum currently provided in 29 CFR 5.5(b)(2)*for each unpaid wages and monetary relief,including interest from the calendar day on which such individual was required or date of the underpayment or loss,due to any workers of lower- permitted to work in excess of the standard workweek of forty tier subcontractors.and associated liquidated damages and hours without payment of the overtime wages required by the may be subject to debarment,as appropriate. clause set forth in paragraph 1.of this section 5.Anti-retaliation.It is unlawful for any person to discharge, *831 as of January 15.2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist harass, be adjusted annually by the Department of Labor,pursuant to or in any other manner discriminate against,or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge,demote,intimidate,threaten,restrain, coerce,blacklist,harass,or in any other manner discriminate 3.Withholding for unpaid wages and liquidated damages against,any worker or job applicant for: a Withholding process The FHWA or the contracting a Notifying any contractor of any conduct which the worker agency may,upon its own action,or must,upon written reasonably believes constitutes a violation of the Contract request of an authorized representative of the Department of Work Hours and Safety Standards Act(CWHSSA)or its Labor,withhold or cause to be withheld from the contractor so implementing regulations in this part; much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime b Filing any complaint,initiating or causing to be initiated contractor or any subcontractor for any unpaid wages; any proceeding,or otherwise asserting or seeking to assert on monetary relief.including interest,and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract,any other Federal contract with the same prime contractor,or any other federally assisted contract subject to c Cooperating in any investigation or other compliance the Contract Work Hours and Safety Standards Act that is held action,or testifying in any proceeding under CWHSSA or this by the same prime contractor(as defined in§5.2) The part;or necessary funds may be withheld from the contractor under this contract,any other Federal contract with the same prime contractor,or any other federally assisted contract that is d. Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part and is held by the same prime contractor,regardless of whether the other contract was awarded or assisted by the same agency.and such funds may be used to satisfy the VI.SUBLETTING OR ASSIGNING THE CONTRACT contractor liability for which the funds were withheld. This provision is applicable to all Federal-aid construction b Priority to withheld funds. The Department has priority to contracts on the National Highway System pursuant to 23 CFR funds withheld or to be withheld in accordance with Section IV 635 116. paragraph 2.a.or paragraph 3.a.of this section,or both,over claims to those funds by: 1 The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a (1)A contractor's surety(ies),including without limitation greater percentage if specified elsewhere in the contract)of performance bond sureties and payment bond sureties; the total original contract price,excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such (2)A contracting agency for its reprocurement costs, specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (3)A trustee(s)(either a court-appointed trustee or a U.S (23 CFR 635 116). trustee,or both)in bankruptcy of a contractor,or a contractor's bankruptcy estate, a. The term"perform work with its own organization"in paragraph 1 of Section VI refers to workers employed or (4)A contractor's assignee(s): leased by the prime contractor,and equipment owned or rented by the prime contractor.with or without operators. Such term does not include employees or equipment of a (5)A contractor's successor(s);or subcontractor or lower tier subcontractor.agents of the prime contractor,or any other assignees. The term may include (6)A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an U.S.C.3901-3907. employee leasing firm meeting all relevant Federal and State regulatory requirements Leased employees may only be included in this term if the prime contractor meets all of the 4.Subcontracts.The contractor or subcontractor must insert following conditions:(based on longstanding interpretation) in any subcontracts the clauses set forth in paragraphs 1 through 5.of this section and a clause requiring the (1)the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts The prime contractor is responsible for employees; compliance by any subcontractor or lower tier subcontractor (2)the prime contractor remains responsible for the quality with the clauses set forth in paragraphs 1.through 5 In the of the work of the leased employees; 9 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls.statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926 3,it is a condition of this contract that the Secretary of Labor or authorized representative b."Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act(40 U.S.C. components of the overall contract 23 CFR 635 102. 3704) 2. Pursuant to 23 CFR 635.116(a).the contract amount upon which the requirements set forth in paragraph(1)of Section VI VIII.FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts 3.Pursuant to 23 CFR 635.116(c).the contractor shall furnish (a)a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in by the firm,has full authority to direct performance of the work conformity with approved plans and specifications and a high in accordance with the contract requirements,and is in charge degree of reliability on statements and representations made of all construction operations(regardless of who performs the by engineers.contractors.suppliers.and workers on Federal- work)and(b)such other of its own organizational resources aid highway projects,it is essential that all persons concerned (supervision.management,and engineering services)as the with the project perform their functions as carefully.thoroughly, contracting officer determines is necessary to assure the and honestly as possible. Willful falsification.distortion,or performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any 4 No portion of the contract shall be sublet,assigned or misunderstanding regarding the seriousness of these and otherwise disposed of except with the written consent of the similar acts,Form FHWA-1022 shall be posted on each contracting officer.or authorized representative,and such Federal-aid highway project(23 CFR Part 635)in one or more consent when given shall not be construed to relieve the places where it is readily available to all persons concerned contractor of any responsibility for the fulfillment of the with the project contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions 18 U S.C. 1020 reads as follows: and requirements of the prime contract.(based on long- standing interpretation of 23 CFR 635 116). "Whoever,being an officer,agent,or employee of the United States,or of any State or Territory,or whoever,whether a 5.The 30-percent self-performance requirement of paragraph person,association,firm,or corporation,knowingly makes any (1)is not applicable to design-build contracts;however. false statement,false representation.or false report as to the contracting agencies may establish their own self-performance character,quality,quantity,or cost of the material used or to requirements. 23 CFR 635.116(d). be used,or the quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plans,maps.specifications,contracts.or costs VII.SAFETY:ACCIDENT PREVENTION of construction on any highway or related project submitted for approval to the Secretary of Transportation,or This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Whoever knowingly makes any false statement,false representation.false report or false claim with respect to the 1. In the performance of this contract the contractor shall character,quality,quantity,or cost of any work performed or to comply with all applicable Federal,State,and local laws be performed,or materials furnished or to be furnished,in governing safety.health,and sanitation(23 CFR Part 635). connection with the construction of any highway or related The contractor shall provide all safeguards,safety devices and protect approved by the Secretary of Transportation,or protective equipment and take any other needed actions as it determines,or as the contracting officer may determine.to be Whoever knowingly makes any false statement or false reasonably necessary to protect the life and health of representation as to material fact in any statement.certificate, employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid protect property in connection with the performance of the Roads Act approved July 11. 1916,(39 Stat.355),as work covered by the contract 23 CFR 635.108. amended and supplemented; 2. It is a condition of this contract.and shall be made a Shall be fined under this title or imprisoned not more than 5 condition of each subcontract.which the contractor enters into years or both." pursuant to this contract.that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary.hazardous or dangerous to his/her health or safety,as determined under construction safety and 10 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT(42 U.S C 7606;2 e.The terms"covered transaction.""debarred," CFR 200 88;EO 11738) "suspended,""ineligible.""participant.""person,""principal," and"voluntarily excluded,"as used in this clause.are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180.Subpart I, 180.900-180.1020,and 1200. contracts in excess of$150,000 and to all related "First Tier Covered Transactions"refers to any covered subcontracts. 48 CFR 2 101;2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant(such as the prime or general contract). By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions"refers to any covered contract or subcontract,as appropriate,the bidder,proposer, transaction under a First Tier Covered Transaction(such as Federal-aid construction contractor,subcontractor,supplier,or subcontracts). "First Tier Participant"refers to the participant vendor agrees to comply with all applicable standards,orders who has entered into a covered transaction with a recipient or or regulations issued pursuant to the Clean Air Act(42 U.S.C. subrecipient of Federal funds(such as the prime or general 7401-7671q)and the Federal Water Pollution Control Act,as contractor) "Lower Tier Participant-refers any participant who amended(33 U.S.C. 1251-1387).Violations must be reported has entered into a covered transaction with a First Tier to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants(such as of the Environmental Protection Agency. 2 CFR Part 200. subcontractors and suppliers). Appendix II f.The prospective first tier participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that,should the proposed covered transaction be requirements of this Section in every subcontract.and further entered into.it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency may covered transaction with a person who is debarred. direct as a means of enforcing such requirements. 2 CFR suspended.declared ineligible,or voluntarily excluded from 200.327. participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 2 CFR 180 330. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled "Certification Regarding Debarment.Suspension, Ineligibility This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions," contracts,design-build contracts,subcontracts,lower-tier provided by the department or contracting agency,entering subcontracts.purchase orders,lease agreements,consultant into this covered transaction,without modification.in all lower contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost S25,000 or more— as covered transactions exceeding the$25.000 threshold 2 CFR defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180 300. 1200.220 h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 1.Instructions for Certification—First Tier Participants: transaction that is not debarred,suspended.ineligible,or voluntarily excluded from the covered transaction,unless it a.By signing and submitting this proposal,the prospective knows that the certification is erroneous 2 CFR 180.300; first tier participant is providing the certification set out below. 180.320,and 180.325. A participant is responsible for ensuring that its principals are not suspended,debarred,or b.The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions 2 below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals,as well covered transaction.The prospective first tier participant shall as the eligibility of any lower tier prospective participants,each submit an explanation of why it cannot provide the certification participant may,but is not required to,check the System for set out below.The certification or explanation will be Award Management website(https://www.sam.gov/) 2 CFR considered in connection with the department or agency's 180.300, 180.320,and 180.325. determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause The knowledge and information of the prospective participant c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph(f)of an erroneous certification.in addition to other remedies these instructions,if a participant in a covered transaction available to the Federal Government,the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. 2 CFR person who is suspended,debarred,ineligible,or voluntarily 180.325 excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the d.The prospective first tier participant shall provide department or agency may terminate this transaction for cause immediate written notice to the contracting agency to whom or default. 2 CFR 180.325. this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 2 CFR 180.345 and 180.350 11 DocuSign Envelope ID.A71CBAAC-342D-4C19-886B-936FDD6B804D 2. Certification Regarding Debarment,Suspension, this transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion—First Tier including suspension and/or debarment Participants: c.The prospective lower tier participant shall provide a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is its knowledge and belief.that it and its principals: submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of (1) Are not presently debarred.suspended,proposed for changed circumstances. 2 CFR 180.365. debarment.declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal d.The terms"covered transaction,""debarred," department or agency.2 CFR 180.335:. "suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded."as used in this clause,are defined (2) Have not within a three-year period preceding this in 2 CFR Parts 180.Subpart I, 180.900—180.1020,and 1200. proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those connection with obtaining,attempting to obtain,or performing regulations. "First Tier Covered Transactions"refers to any a public(Federal,State.or local)transaction or contract under covered transaction between a recipient or subrecipient of a public transaction;violation of Federal or State antitrust Federal funds and a participant(such as the prime or general statutes or commission of embezzlement,theft,forgery. contract). "Lower Tier Covered Transactions"refers to any bribery,falsification or destruction of records,making false covered transaction under a First Tier Covered Transaction statements.or receiving stolen property,2 CFR 180.800: (such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a (3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds(such as the prime or civilly charged by a governmental entity(Federal.State or general contractor) "Lower Tier Participant"refers any local)with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph(a)(2)of this certification,2 CFR 180 700 and First Tier Participant or other Lower Tier Participants(such as 180 800;and subcontractors and suppliers) (4) Have not within a three-year period preceding this e.The prospective lower tier participant agrees by application/proposal had one or more public transactions submitting this proposal that,should the proposed covered (Federal,State or local)terminated for cause or default. 2 transaction be entered into.it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is debarred.suspended,declared ineligible.or voluntarily (5)Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction,unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal(USDOT Order 4200.6 implementing transaction originated 2 CFR 1200.220 and 1200.332. appropriations act requirements):and f.The prospective lower tier participant further agrees by (6)Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled that has been assessed,for which all judicial and "Certification Regarding Debarment,Suspension, Ineligibility administrative remedies have been exhausted,or have lapsed. and Voluntary Exclusion-Lower Tier Covered Transaction," and that is not being paid in a timely manner pursuant to an without modification,in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability(USDOT Order 4200.6 implementing appropriations act the$25,000 threshold 2 CFR 180.220 and 1200.220. requirements) g A participant in a covered transaction may rely upon a b Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification,such prospective transaction that is not debarred.suspended,ineligible,or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction,unless it CFR 180.335 and 180 340 knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred.or otherwise ineligible to participate in covered transactions To verify the eligibility of its principals,as well as 3 Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the System for (Applicable to all subcontracts,purchase orders,and other Award Management website(https//www sam.qov/),which is lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300. 180.320, 180.330,and 180.335. 1200). 2 CFR 180.220 and 1200.220. h.Nothing contained in the foregoing shall be construed to a By signing and submitting this proposal.the prospective require establishment of a system of records in order to render lower tier participant is providing the certification set out below in good faith the certification required by this clause The knowledge and information of participant is not required to b.The certification in this clause is a material representation exceed that which is normally possessed by a prudent person of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i Except for transactions authorized under paragraph e of certification.in addition to other remedies available to the these instructions,if a participant in a covered transaction Federal Government.the department.or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible.or voluntarily 12 DocuSign Envelope ID:A71CBAAC-342D-4C19-886B-936FDD6B804D excluded from participation in this transaction,in addition to cooperative agreement,the undersigned shall complete and other remedies available to the Federal Government.the submit Standard Form-LLL."Disclosure Form to Report department or agency with which this transaction originated Lobbying,"in accordance with its instructions. may pursue available remedies,including suspension and/or debarment. 2 CFR 180.325. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 4. Certification Regarding Debarment,Suspension, U.S.C. 1352. Any person who fails to file the required Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than Participants: $10,000 and not more than$100,000 for each such failure. a.The prospective lower tier participant certifies,by 3.The prospective participant also agrees by submitting its submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier (1)is presently debarred,suspended,proposed for subcontracts,which exceed$100,000 and that all such debarment,declared ineligible,or voluntarily excluded from recipients shall certify and disclose accordingly. participating in covered transactions by any Federal department or agency.2 CFR 180.355: XII. USE OF UNITED STATES-FLAG VESSELS: (2)is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal(USDOT Order 4200.6 implementing contracts.design-build contracts.subcontracts,lower-tier appropriations act requirements);and subcontracts,purchase orders,lease agreements,or any other covered transaction. 46 CFR Part 381 (3)is a corporation with any unpaid Federal tax liability that has been assessed.for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted.or have lapsed,and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381 7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract. (USDOT Order 4200.6 implementing appropriations act requirements) When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a b.Where the prospective lower tier participant is unable to specific Federal-aid construction project,the bidder,proposer, certify to any of the statements in this certification,such contractor.subcontractor,or vendor agrees: prospective participant should attach an explanation to this proposal. 1 To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment, material.or commodities pursuant to this contract,to the Xl.CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7. This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 $100,000. 49 CFR Part 20,App.A. working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, 1.The prospective participant certifies,by signing and 'on-board'commercial ocean bill-of-lading in English for each submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section knowledge and belief,that: to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of a.No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift(MAR-620),Maritime paid,by or on behalf of the undersigned.to any person for Administration,Washington, DC 20590.(MARAD requires influencing or attempting to influence an officer or employee of copies of the ocean carrier's(master)bills of lading.certified any Federal agency,a Member of Congress,an officer or onboard,dated,with rates and charges.These bills of lading employee of Congress,or an employee of a Member of may contain business sensitive information and therefore may Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation contract,the making of any Federal grant,the making of any Intermediary on behalf of the contractor). 46 CFR 381.7. Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal.amendment,or modification of any Federal contract,grant.loan.or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency.a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan.or 13 DocuSign Envelope ID:A71CBAAC-342D-4C19-8868-936FDD6B804D ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633.Subpart B,Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract.the contractor undertaking to do work which is,or reasonably may be.done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except- a To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required.and(d)any other pertinent information required by the State Employment Service to complete the job order form The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service The contractor is not required to grant employment to any job applicants who.in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service.the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested.the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate.the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate.notwithstanding the provisions of subparagraph(1c) above 5 The provisions of 23 CFR 633 207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is.or reasonably may be,done as on-site work. 14