Contract 2019-55A CONTRACTOR AGREEMENT Or
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THIS AGREEMENT,is made and entered into this I 'j day of Vr Ug U 3 2019,
by and between the CITY OF CLERMONT,FLORIDA, a municipal corporation under the
laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida,
(hereinafter referred to as "OWNER"), and Traverse Group, Inc., whose address is: 11009
Arrowtree Blvd., Clermont, FL 34715, P.O. Box 121754 Clermont, FL 34712, (hereinafter
referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
SECTION I —SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the specifications
entitled:
RFB No. 19-051 titled Streetscape Phase 1: West Avenue and West Osceola Street,
as prepared by OWNER and its agents shall do everything required by this Contract and
the other Contract Documents contained in the specifications, which are a part of these
Documents.
SECTION II —THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents, the Price Schedule, attached hereto and incorporated
herein as Exhibit "A". The total contract sum shall not exceed THREE MILLION NINE
HUNDRED NIETY SEVEN THOUSAND NINE HUNDRED THIRTEEN DOLLARS
AND 13/100 CENTS ($3,997,913.13).
SECTION III—COMMENCEMENT AND COMPLETION OF WORK
1) The CONTRACTOR shall commence work within ten (10) calendar days after
receipt of(i)Notice to Proceed, (ii) Purchase Order and (iii)receipt of all permits required
to perform the work, and the CONTRACTOR will substantially complete the same within
TWO HUNDRED TWENTY FIVE (225) calendar days, unless the period for completion
is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as
provided herein shall be the day the project or designated portion thereof is certified by the
OWNER's Architect/Engineer as sufficiently complete, in accordance with the Contract
Documents, so the OWNER can occupy or utilize the work or designated portion thereof
for the use for which it is intended. Final Completion shall be FORTY FIVE (45)calendar
days thereafter.
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2) The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3) The CONTRACTOR further declares he has examined the project site and that
from personal knowledge and experience has made sufficient investigations to fully satisfy
himself that such site is correct and suitable for the work and he assumes full responsibility
therefore. The provisions of this Contract shall control any inconsistent provisions
contained in the specifications. All Drawings and Specifications have been read and
carefully considered by the CONTRACTOR,who understands the same and agrees to their
sufficiency for the work to be done. It is expressly agreed that under no circumstances,
conditions or situations shall this Contract be more strongly construed against the OWNER
than against the CONTRACTOR and his Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted
and construed by the OWNER's designated Project Manager after consultation with the
Project Architect,and the OWNER's Project Manager's decision shall be final and binding
upon all parties, provided the OWNER agrees.
It is distinctly understood and agreed that the passing, approval and/or acceptance of any
part of the work or material by the OWNER or by any agent or representative as in
compliance with the terms of this Contract and/or of the Drawings, Plans and
Specifications covering said work shall not operate as a waiver by the OWNER of strict
compliance with the terms of this Contract and/or the Drawings and Specifications
covering said work; and the OWNER may require the CONTRACTOR and/or his Surety
to repair,replace,restore and/or make to comply strictly and in all things with this Contract
and the Drawings and Specifications any and all of said work and/or materials which within
a period of one year from and after the date of the passing, approval, and or acceptance of
any such work or material, are found to be defective or to fail and in any way to comply
with this Contract or with the Drawings and Specifications. This provision shall not apply
to materials or equipment normally expected to deteriorate or wear out and become subject
to normal repair and replacement before their condition is discovered. The
CONTRACTOR shall not be required to do normal maintenance work under the guarantee
provisions. Failure on the part of the CONTRACTOR and/or his Surety,immediately after
Notice to either, to repair or replace any such defective materials and workmanship shall
entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable
cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who
shall in any event be jointly and severally liable to the OWNER for all damages, loss and
expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and/or his failure to
comply strictly and in all things with this Contract and with the Drawings and
Specifications.
4) As-built drawings, warranties acceptable to OWNER must be submitted to the
OWNER before final payment will be made to the CONTRACTOR.
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SECTION IV—AUTHORIZED REPRESENTATIVES
1) Before starting work, CONTRACTOR shall designate a competent, authorized
representative acceptable to OWNER to represent and act for CONTRACTOR and shall
inform OWNER in writing,of the name and address of such representative together with a
clear definition of the scope of his authority to represent and act for CONTRACTOR and
shall specify any and all limitations of such authority. At the Pre-construction Conference,
CONTRACTOR shall provide resumes of key personnel for OWNER's approval.
CONTRACTOR shall keep OWNER informed in writing pursuant to the notice
requirements provided herein of any subsequent changes in the foregoing. Such
representative shall be present or duly represented at the site of work at all times when
work is actually in progress.
2) From the time of execution of the Contract, the OWNER shall have the right to
remove the CONTRACTOR's representative from the project for inappropriate behavior
including, but not limited to, lack of concern for residents, or acting in an unprofessional
manner(i.e. argumentative with residents or OWNER's representative and the use of foul
language).
3) All notices, determinations, instructions and other communications given to the
authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR.
Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of
supervision and fiscal management as provided for by Florida law.
4) The OWNER shall designate a Project Manager who will have limited authority to
act for the OWNER. The OWNER will notify the CONTRACTOR in writing of the name
of such representative(s). Any other City employees are not authorized OWNER
representatives and any work performed by the CONTRACTOR without proper written
authorization from the Project Manager as approved by OWNER, is performed at the
CONTRACTOR's risk, and the City shall have no obligation to compensate the
CONTRACTOR for such work.
SECTION V—LAWS AND REGULATIONS
1) CONTRACTOR and its employees and representatives shall at all times comply
with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the
time work is performed under this Contract.
2) If,during the term of this Contract,there are any changed or new laws,ordinances
or regulations not known or foreseeable at the time of signing this Contract which become
effective and which affect the cost or time of performance of the Contract,CONTRACTOR
shall immediately notify OWNER in writing and submit detailed documentation of such
effect in terms of both time and cost of performing the Contract. Upon concurrence by
OWNER as to the effect of such changes, an adjustment in the compensation and/or time
of performance will be made,if applicable.
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3) If any discrepancy or inconsistency should be discovered between the Contract and
any law, ordinance,regulation, order or decree, CONTRACTOR shall immediately report
the same in writing to OWNER who will issue such instructions as may be necessary.
However,it shall not be grounds for a Change Order that the CONTRACTOR was unaware
of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all
applicable governmental agencies having jurisdiction over the Project or the work.
SECTION VI—CODE RELATED INSPECTIONS
The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction
charged with the inspection of improvements to real property for code compliance and the
improvements to be made by the CONTRACTOR pursuant to this contract may be subject
to inspection by City of Clermont or its agents. The CONTRACTOR agrees that it will
not assert, as a City-caused delay or as a defense of any delay on the part of the
CONTRACTOR, any good faith action or series of actions on the part of the City or its
agents with regard to inspections, including, but not limited to the refusal to accept any
portion of the CONTRACTOR's work.
SECTION VII—VALUE ENGINEERING
Contractor may request substitutions of materials, articles, pieces of equipment or any
changes that reduce the contract price by making such request to the Project Manager and
Project Architect/Engineer in writing. The Project Manager and Project
Architect/Engineer will be the sole judge of acceptability,and no substitute will be ordered,
installed, used or initiated without Project Manager and Project Architect/Engineer prior
written acceptance which will be evidence by a City issued Change Order. However, any
substitution accepted by Project Manager and Project Architect/Engineer shall not result in
any increase in the contract price or contract time. By making a request for substitution,
the Contractor agrees to pay directly to the Project Architect/Engineer fees and charges
related to the Project Architect/Engineer review of the request for substitution,whether or
not the request for substitution is accepted by the Project Architect/Engineer. The
successful respondent also agrees to pay for any additional required design and/or
permitting fees necessitated by the proposed changes. Any substitution submitted by the
Contractor must meet the form, fit, function and life cycle criteria of the item proposed to
be replaced and there must be a net dollar savings including Project Architect/Engineer
review fees and charges. If a substitution is approved,the net dollar savings shall be shared
equally between the successful respondent and City and shall be processed as a deductive
Change Order. The City may require the Contractor to furnish, at their expense, a special
performance guarantee or other surety with respect to any substitute approved after award
of the contract.
SECTION VIII—PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the Bid Documents and General
Conditions,and subject to additions and deductions as provided,the OWNER shall pay the
CONTRACTOR as follows:
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1) CONTRACTOR shall submit a progress payment request by the twentieth (20th)day
of each calendar month for work performed during the current calendar month,
projected through the 25th. At any time, the OWNER shall have the right as a
condition of making a partial payment hereunder, to require CONTRACTOR to
submit evidence satisfactory to the OWNER that all payrolls,material bills and other
costs incurred by the CONTRACTOR in connection with the subject progress
payment request have been paid in full. Upon OWNER's signature accepting the
PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial
payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a
duly certified and approved estimate by the OWNER and the Architect, for work
performed during the preceding calendar month under the Contract. To insure proper
performance of the Contract, the OWNER shall retain ten percent (10%) of the
amount of each estimate until final completion and acceptance of all work covered
by the Contract.
2) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment on account of this Agreement
shall be made within thirty (30) calendar days after completion of all work by the
CONTRACTOR covered by this Agreement and acceptance of such work by the
OWNER.
ARTICLE IX— LIQUIDATED DAMAGES
1) It is mutually agreed that time is of the essence in regard to this Agreement.
Therefore, notwithstanding any other provision contained in the Contract
Documents, should the CONTRACTOR fail to complete the work within the
specified time as set by the Notice to Proceed, or any authorized extension thereof,
CONTRACTOR shall pay to OWNER the sum of ONE THOUSAND DOLLARS
($1,000.00) per calendar day as fixed, agreed and liquidated damages for each
calendar day elapsing beyond the specified time date for beneficial occupancy
(substantial completion) and/or final completion; which sum shall represent the
damages sustained by the OWNER, and shall be considered not as a penalty,but in
liquidation of damages sustained. Contractor shall pay the liquidated damages
amount contained herein. NOTE: Not necessary, this would come out of contract
balance. Contractors pay applications would be reduced to cover anticipated
liquidated damages.
SECTION X—ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bonds hereto attached for its faithful
performance and payment of labor and materials, the OWNER shall deem the Surety or
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Sureties upon such bonds to be unsatisfactory,or if, for any reason, such bonds cease to be
adequate to cover the performance and payments of the work, the CONTRACTOR shall,
at his expense, and within seven (7) days after receipt of Notice from the OWNER to do
so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be
satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR
shall be deemed due under this Agreement until such new or additional security for the
faithful performance and for payment of labor and materials of the work shall be furnished
in manner and form satisfactory to the OWNER.
SECTION XI—DISPUTE RESOLUTION - MEDIATION
1) Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary arbitration
or the institution of legal or equitable proceedings by either party.
2) The OWNER and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3) The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
SECTION XII— INSURANCE AND INDEMNIFICATION RIDER
1) Worker's Compensation Insurance - The CONTRACTOR shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this contract at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the OWNER, for the protection of employees not otherwise protected.
2) Contractor's Public Liability and Property Damage Insurance-The Contactor shall
take out and maintain during the life of this Agreement Comprehensive General Liability
and Comprehensive Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property
damages which may arise from operating under this Agreement whether such operations
are by itself or by anyone directly or indirectly employed by it, and the amount of such
insurance shall be minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
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Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form$1,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3) Contractual Liability Work Contracts - The Constractor's Liability Policy shall
include Contractual Liability Coverage designed to protect the CONTRACTOR for
contractual liabilities assumed by the CONTRACTOR in the performance of this
Agreement.
4) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR shall
indemnify and hold harmless the OWNER and Booth, Ern, Straughan&Hiott,
Inc. and its agents and employees from and against all claims, damages, losses
and expenses, including but not limited to attorney's fees, arising out of or
resulting from the performance of the Work, provided that any such claim,
damage, loss or expense(1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the Work
itself),and(2)is caused in whole or in part by any negligent act or omission of
the CONTRACTOR,any subcontractor,anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Section.
(b) In any and all claims against the OWNER and Booth, Ern, Straughan & Hiott,
Inc.or any of its agents or employees by any employee of the CONTRACTOR,
any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification
obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable
by or for the CONTRACTOR or any subcontractor under workers' or
workmen's compensation acts,disability benefit acts or other employee benefit
acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the OWNER for the indemnification
provided herein.
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SECTION XIII—TAXES
1) CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature
that may be applicable to any work under this Contract. The Contract Sum and any agreed
variations thereof shall include all taxes imposed by law. CONTRACTOR shall make any
and all payroll deductions required by law. CONTRACTOR herein indemnifies and holds
the OWNER harmless from any liability on account of any and all such taxes,levies,duties,
assessments and deductions. Such indemnification shall be in accordance with the terms
and conditions of the Indemnification provisions provided herein.
2) OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt
entity. Where applicable, and so directed by the OWNER,the OWNER reserves the right
to implement, at its convenience, a tax exemption program to buy selected materials and
place the tax savings in line item contingency.
SECTION XIV—SUCCESSORS,ASSIGNS AND ASSIGNMENT
The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying
agents,partners, successors,assigns and legal representatives to the other party hereto and
to the partners, successors, assigns and legal representatives of such other party in respect
to all covenants, Agreements and obligations contained in the Contract. It is agreed that
the CONTRACTOR shall not assign,transfer, convey or otherwise dispose of the contract
or its right,title or interest in or to the same or any part thereof, or allow legal action to be
brought in its name for the benefit of others,without previous consent of the OWNER and
concurred to by the sureties.
SECTION XV—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Traverse Group, Inc.
11009 Arrowtree Blvd.
P.O. Box 121754
Clermont, FL 34712
Attn: Alicia Roehn, Corporate Secretary
OWNER: City of Clermont
Attn: Darren Gay, City Manager
685 W. Montrose Street
Clermont,FL 34711
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SECTION XVI —OPTIONAL TERMINATION
1) OWNER may, at its option, terminate the Contract, in whole or in part, at any time
by written notice thereof to CONTRACTOR, whether or not CONTRACTOR is in default.
Upon any such termination, CONTRACTOR hereby waives any claims for damages from
the optional termination, including loss of anticipated profits, on account thereof, but as
the sole right and remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in
accordance with Subparagraphs below, provided, however, that those provisions of the
Contract which by their very nature survive final acceptance under the Contract shall
remain in full force and effect after such termination.
2) Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the
notice requires otherwise:
(a) Immediately discontinue work on the date and to the extent specified in the
notice;
(b) Place no further orders or subcontracts for materials,services,or facilities,other
than as may be necessary or required for completion of such portion of work
under the Contract that is not terminated;
(c) Promptly make every reasonable effort to obtain cancellation upon terms
satisfactory to OWNER of all orders and subcontracts to the extent they relate
to the performance of work terminated or assign to OWNER those orders and
subcontracts and revoke Agreements specified in such notice;
(d) Assign all Subcontracts required for performance of this Contract to the
OWNER. In anticipation of such a remedy, the CONTRACTOR shall include
in all Subcontracts, equipment leases and purchase order, a provision requiring
the subcontractor, equipment lessor or supplier, to consent to the assignment of
their Subcontract to the OWNER and to agree to the greatest extent possible to
cooperate with the OWNER;
(e) Assist OWNER, as specifically requested in writing, in the maintenance,
protection and disposition of property acquired by OWNER under the Contract;
and
(f) Complete performance of any work that is not terminated.
3) Upon any such termination, OWNER will pay to CONTRACTOR an amount
determined in accordance with the following(without duplication of any item):
(a) All amounts due and not previously paid to CONTRACTOR for work
completed and accepted in accordance with the Contract prior to such notice,
and for work thereafter completed as specified in such notice.
(b) The reasonable cost of settling and paying claims arising out of the termination
of work under subcontracts or orders as provided above.
(c) The verifiable costs incurred as set forth above.
(d) Any other reasonable costs which can be verified to be incidental to such
termination.
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4) The foregoing amounts will include a reasonable sum, under all of the
circumstances, as profit for all work satisfactorily performed by CONTRACTOR.
5) CONTRACTOR shall submit within thirty (30) days after receipt of notice of
termination, a proposal for an adjustment to the contract price including all incurred costs
described herein. OWNER shall review, analyze, and verify such proposal, and negotiate
an equitable adjustment, and the Contract shall be amended in writing accordingly.
SECTION XVII —MISCELLANEOUS
1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, each party shall bear its own attorney fees.
2) Waiver. The waiver by OWNER of breach of any provision of this Agreement
shall not be construed or operate as a waiver of any subsequent breach of such
provision or of such provision itself and shall in no way affect the enforcement of
any other provisions of this Agreement.
3) Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4) Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5) Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6) Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7) Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8) Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
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9) Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
SECTION XVIII —CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part,
are as fully a part of this Contract as if herein repeated.
Document Precedence:
1) Contract Agreement
2) Plans and Specifications for Streetscape Phase 1: West Avenue and West Osceola
Street, including all addenda.
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4) All documents contained in RFB No. 19-051, titled Streetscape Phase 1: West Avenue
and West Osceola Street and CONTRACTOR's response thereto including, the Instructions to
Bidders and proposal guarantee, if any.
5) Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 13 day of A u3U ,2019.
City of Clermont
4/41
.9
ail L. • sh, Mayor
4�wz p
Tracy Ackroyd owe, City Clerk
,.
Traverse Group, Inc.
By:
(Signature)
.M\00, t:oe,\nln emvo ro..k. Se..Cx-e-
(Name&Title Printed or Typed)
Attest:
Corporate Secretary
(Name Printed or Typed)
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EXHIBIT A
2ND REVISION SECTION-C
PRICE SCHEDULE
Final Completion Lump Sum Price(as per construction documents)
(Words) THREE MILLION NINE HUNDRED NINETY SEVEN THOUSAND NINE HUNDRED THIRTEEN
DOLLARS AND THIRTEEN CENTS
(Figures) $ 3,997,913.13
Contractor's Days to Substantial Completion: 225 Calendar Days.
Not to exceed: Two Hundred Twenty Five (225) Calendar days from Notice To Proceed
To Substantial Completion. Final Completion Not To Exceed Forty Five (45) Calendar Days Thereafter.
Should certain additional work be required, or should the quantities submitted by the Contractor of certain classes be
increased or decreased from those required by Contract Documents.the unit prices contained below are the basis of
quantifying payment to the Contractor or credit to Owner,for such increase in the work. No additional adjustments will be
allowed. Contractor is required to enter the quantity,unit price,and total on the spaces provided below.
LS=Lump Sum LF=Linear Feet SY=Square Yard EA=Each
111.0111111111. Streetscape Phase 1: West Ave.&West Osceola Street " - '
L.N. General Description Qty. Unit 410 Extended Price
100-GENERAL $ 528,194.07
1.1 Mobilization/Demobilization 1 LS
$ 213,913.00
1.2 Payment and Performance Bond 1 LS
$ 122,969.07
1.3 Maintenance Bond 1 ' LS
$ 6,500.00
1 4 Silt Fence 5200 LF
$ 1.95 $ 10,140.00
1.5 Tree ProtectionI LF
$ 4.000.00 $ 4,000.00
1.6 As-Built Drawings 1 LS
$ 8,750.00
1.7 Building Permitting 1 LS
$ 9,500.00
1.8 Temporary Construction Fencing 1 LS
$ 12,500.00
1.10 MOT/Traffic Control 1 LS
$ 100,472.00
1.11 Survey Layout 1 LS $ 19,950.00
1.12 Testing-Geotechnical 1 LS
$ 19,500.00
200—DEMOLITION/CLEARING AND GRUBBING $ 241,398.20
2 1 NPDES(including submittal of monthly reports 1 LS $ 8,500.00
2.2 Silt Fence(incl.continuous maintenance) LF
5200 $ 2 00 S 10,400.00
2.3 Filter Fabric Inlet Protection EA
25 $ 100.00 S 2,500.00
2 4 Gravel Drive At Construction Yard Entrance(Incl. 60 SY $ 100.00 $ 6,000.00
Refresh Every Two Months)
2 5 Remove/Disposal Of Chain Link Fence(Varying 400 LF $ 12.00 $ 4,800.00
Heights)
2.6 Remove And Dispose Existing Pavers SF
4430 S 3.50 $ 15,505.00
2.7 Remove And Dispose Existing Valley Gutter 680 LF $ 10.00 $ 6,800.00
2ND REVISION SECTION-C
PRICE SCHEDULE
2 8 Remove And Dispose Existing Concrete F Curb 3600 LF S 5.00 $ 18,000.00
2.9 Remove And Dispose Existing D Curb 760 LF $ 7.50 $ 5,700.00
2.10 Remove And Dispose Existing Header Curb 7
200 $ 7.50 S 1,500.00
2.11 Remove And Dispose Existing Asphalt SF
66980 5 0.85 $ 56,933.00
2.12 Remove And Dispose Existing Concrete Driveways 5920 SF $ 3.00 $ 17,760.00
Remove And Dispose Existing Concrete
2.13 Walkways/Sidewalks 21940 SF $ 1.95 $ 42,783.00
2.14 Remove And Dispose Existing Trees EA
14 $ 650.00 5 9,100.00
Remove And Dispose Existing Concrete Bollards
2.15 5 EA S 150.00 $ 750.00
2 16 Remove And Dispose Existing Steps And Landing 190 SF $ 12.00 $ 2,280.00
2 17 Remove And Dispose Existing Light Pole Bases 8 EA $ 250.00 $ 2,000.00
2.18 Saw Cut Existing Asphalt 2500 LF $ 1.25 $ 3,125.00
2.19 Saw Cut Existing Concrete 1500 LF $ 1.25 $ 1,875.00
2.20 Remove And Dispose Existing Railing LF
40 $ 25.00 $ 1,000.00
2.22 Remove/Dispose Site Furnishings 1 LS $ 1,500.00 $ 1,500.00
Remove And Dispose Of Existing Street Signage
2.23 27 EA $ 100.00 S 2,700.00
2.24 Strip Existing Sod/Landscape Areas 86936 SF $ 0.20 S 17,387.20
2.25 Roll Off Dumpster 5 EA $ 500.00 5 2,500.00
300-EARTHWORK AND GRADING $ 249,475.00
3.1 12"Stabilized Subgrade 11205 SY $ 3.00 S 33,615.00
3.2 12"Compacted Subgrade 3090 SY 5 1.50 S 4,635.00
3.3 Roadway Grading 7230 SY $ 2.00 S 14,460.00
3.4 Asphalt Trail Grading 2720 SY $ 3.00 $ 8,160.00
3.5 Curb Grading 1180 SY $ 5.00 $ 5,900.00
3.6 Sidewalk/Driveway Grading 3100 SY $ 4.00 $ 12,400.00
3.7 Landscape Area Grading 6400 SY $ 2.00 $ 12,800.00
3.8 Drainage L.I.D.Area Grading 195 SY $ 10.00 $ 1,950.00
3.9 Excavate Drainage L.I.D.Area Grading 100 CY
$ 15.00 S 1,500.00
3.10 Excavate For Roadway 4630 CY S 6.00 $ 27,780.00
3.11 Excavate For Multi-Purpose Trail 1650 CY $ 7.50 $ 12,375.00
3.12 Excavate For Crosswalks 70 CY S 10.00 5 700.00
3.13 Excavate For Curb CY
490 $ 7.50 5 3,675.00
3.14 Landscape Area Excavation 2125 CY
$ 4.00 $ 8,500.00
3.15 Construction Of Berm Area On Osceola Street 2100 CY $ 4.00 $ 8.400.00
2ND REVISION SECTION-C
PRICE SCHEDULE
3 16 Grade For Ramps And Landings 75 SY
$ 15.00 $ 1,125.00
3.17 Removal!Disposal Of Excess Fill Material 12750 TCY $ 6.00 $ 76,500.00
3.18 Final Dressing And Finish Grading 1 LS
$ 15,000.00
400-WATER SUPPLY $ 103,430.00
4.1 Adjust Air Valve To GradeI EA S 750.00
$ 750.00
4 2 Remove And Install Water Meter And Box&Connect 6 EA S 750.00 $ 4,500.00
To Existing Service
4.3 Remove Existing Water Service60 LF S 10.00 $ 600.00
4.4 New Water Service LF S 20.00
70 $ 1,400.00
4.5 Adjust Water Meter Boxes To Grade EA $ 150.00
9 $ 1,350.00
4.6 Remove Water Meter If Connected To Abandoned I EA $ 100.00 S 100.00
Water Line
Remove And Replace Existing Fire Hydrant And
4.7 Valve 3 EA 5 3,500.00 5 10,500.00
4.8 Relocate Existing Fire Hydrant(Up To 20') 2 EA $ 1,500.00 $ 3.000.00
4 9 Adjust Existing Fire Hydrants(Fire Hydrant Extension) 2 EA $ 1,000.00 $ 2,000.00
4.10 Adjust Water Valve Boxes To Grade IS EA $ 150.00 $ 2,250.00
4.11 8"PVC Water Main60 LF $ 55.00 $ 3,300.00
4.12 8"MJDI 45 Deg. Bends EA $ 400 00
8 S 3,200.00
4.13 Cut And Cap Existing 8"Water Main FA S 1,100.00
2 $ 2,200.00
4.14 Grout Fill Existing 8"Water Main Per City Standards 500 LF $ 15.00 S 7,500.00
4.15 Grout Fill/Abandon Existing 2"Water Service Per City 340 LF $ 12.00 $ 4,080.00
Standards
4.16 14"X 2"Wet Tap On Existing 14"Main EA $ 2,500.00
3 $ 7,500.00
4.17 2"Poly Water Service 100 LF $ 10.00
$ 1,000.00
4 18 Connect 2"Poly Water Service To Existing Services 3 EA $ 1,500.00 $ 4,500.00
Or Meter
4.19 14"X 6"Wet Tap On Existing 14"Main EA $ 8,500.00 $ 8,500.00
4.20 14"X 10"Wet Tap On Existing 14"Main EA $ 10,500.00
$ 10,500.00
4.21 6"D.I.P.Water Main LF $ 50.00
20 $ 1,000.00
4 22 Connect 6"U.I.P.Water Main To Existing 6"Water I EA $ 4,500.00 $ 4,500.00
Meter
4.23 Remove Existing Water Service To Existing 6"Meter 55 LF $ 25.00 $ 1,375.00
4.24 10"D.I.P.Water Main 45 LF $ 65.00
$ 2,925.00
4.25 10"Gate ValveI EA $ 2,750.00
$ 2,750.00
4.26 10"CapI EA $ 400.00
$ 400.00
`4.27 Potholing/Soft Digs LS $ 7,500.00
S 7,500.00
4.28 Pressure Testing LS $ 2,500.00
$ 2.500.00
2ND REVISION SECTION-C
PRICE SCHEDULE
4.29 Bacteriological Testing LS $ 1,750.00
$ 1,750.00
4.30 Water Meters/Connection Fees 0 EA $ 2,500.00 $
500-STORM DRAINAGE $ 403,557.50
5.1 Remove Existing Inlet 9 EA $ 750.00
$ 6,750.00
5.2 Remove Existing Manholes EA $ 1,250.00
$ 3,750.00
5.3 Remove Existing Inlet Top 3 EA $ 1,000.00
$ 3,000.00
5.4 Plug Existing Manhole Inlet/Outlet2 EA $ 1,000.00 $ 2,000.00
5.5 Remove Existing 12"RCP65 LF $ 15.00
$ 975.00
5.6 Remove Existing 15"RCP 475 LF $ 7.50
$ 3,562.50
5.7 Remove Existing 18"RCP 55 LF $ 15.00
$ 825.00
5.8 Remove Existing 14"X 23"RCP 45 LF $ 15.00
$ 675.00
5.9 Remove Existing 42"RCP 40 LF $ 55.00
$ 2,200.00
5.10 Add 40'LF of 42"RCP40 LF $ 125.00
$ 5,000.00
5.11 Cut Existing 18"RCP And Plug EA $ 2,500.00
$ 2,500.00
5.12 10"HDPE80 LF $ 50.00 $ 4,000.00
5.13 18"HDPE LF $ 42.50
1880 $ 79,900.00
5.14 42"HDPE40 LF $ 125.00
$ 5,000.00
5.15 12"Neoplast Drain Basin With Standard Grate 3 EA $ 500.00 $ 1,500.00
5.16 FDOT Type 9 Inlet 5 EA $ 3,250.00 $ 16,250.00
5.17 Storm Drainage Manholes 4 EA $ 3,500.00 $ 14,000.00
5.18 Construct Modified YPE 6 Inlets EA $ 3,750.00
8 $ 30,000.00
5.19 Construct Storm Drainage Manhole Top6 EA $ 1,500.00 $ 9,000.00
Construct USF 5112 VG Inlet Frame&6143 Grate
5.20 29 EA $ 2,750.00 $ 79,750.00
5.21 Trench Drain Per FDOT Index#204250 LF $ 155.00 $ 38,750.00
Construct Doghouse Manhole Over Existing 36"And
5.22 42"RCP 6 EA $ 6,270.00 $ 37,620.00
5.23 Drainage L.I.D.Curb Box EA $ 3,500.00
4 $ 14,000.00
Gabion Basket(5'x1.5'x1'Filled With 2"-3"Lime Rock
5.24 Rubble) 4 EA $ 2,950.00 $ 11,800.00
Construct Doghouse Manhole Over Existing 15"RCP
5.25 W/Modified TYPE 6 Inlet I EA $ 4,500.00 $ 4,500.00
Construct Manhole Top And Core For 18"RCP On
5.26 Existing St-03 I EA $ 3,750.00 $ 3,750.00
Core Existing St-04 For 18"RCP,Adjust MH To
5.27 Grade 1 EA $ 3,250.00 $ 3,250.00
5 28 Construct Manhole Top And Core For 42"RCP For I EA $ 9,500.00 $ 9,500.00
Existing St-07
5.29 Replace MH Top With TYPE 9 Inlet Top On Existing I EA $ 3,500.00 $ 3,500.00
St-16
2ND REVISION SECTION-C
PRICE SCHEDULE
5.30 Adjust Existing Manholes To Grade EA $ 1,250.00
5 $ 6,250.00
600-SANITARY SEWER $ 75,350.00
6 1 Remove And Replace Existing 6"Sewer Laterals 5 EA $ 1,250.00 S 6,250.00
6.2 Install New 6"Lateral EA $ 750.00 $ 750.00
6.3 Install 6"Cleanouts EA $ 150.00
$ 300.00
6.4 Install 6"Plugs I EA $ 100.00
$ 100.00
6.5 Install 8"PVC Sewer(6'-8'Cut) 60 LF $ 40.00
$ 2,400.00
6.6 Install 8"PlugI EA S 85.00
$ 85.00
6.7 Adjust Existing Sanitary Manhole To Grade EA S 750.00 $ 6,750.00
6.8 Install 12"PVC Sewer LF S 25.00
845 $ 21,125.00
6.9 Sanitary Sewer Manholes(0-6 Cut) 2 EA S 3,500.00
$ 7,000.00
6.10 Sanitary Sewer Manholes(6-8 Cut) I EA S 4,500.00 $ 4,500.00
6.11 Sanitary Sewer Manholes(8-10 Cut) I EA $ 5,500.00 S 5,500.00
6.12 8"PVC WyeI EA $ 90.00
S 90.00
6.13 Construct Doghouse Manhole(0-6 Cut) I EA $ 4,25000. $ 4,250.00
6.14 Remove Existing 15"Clay Sewer Line 830 LF $ 1000. $ 8,300.00
6.15 Plug Existing Manhole Inlet/Outlet5 EA $ 300.00 S 1,500.00
6.16 Remove Existing Sanitary Manhole EA S 1,250.00 $ 3,750.00
6.17 Remove Existing Sanitary Sewer Service12 LF $ 100.00 $ 1,200.00
6.18 Pressure Testing LS
1 $ 1,500.00
700-STREET LIGHTING/ELECTRICAL $ 625,728.00
Remove Existing Street Light Poles And Circuitry
7.1 8 EA $ 500.00 S 4,000.00
7.2 Remove Existing Conduit And Wire 1 LS
$ 6,500.00
F&I TYPE"A"Fixture(Led,Acorn Light Fixture W/ 27
7.3 TYPE Iii Dist.On 12'-0"Alum.Fluted Pole With GFI EA $ 5,500.00 $ 148,500.00
Receotacle In Low Profile Box
7 4 F&I TYPE"A"Fixture(Led,Acorn Light Fixture W/ 17 EA $ 6,900.00 $ 117,300.00
TYPE Iii Dist.And House Side Shield On 12'-0"Alum.
7 5 F&I Pole Bases With Anchor Bolts For Sternberg 44 EA $ 1,750.00 $ 77,000.00
Light Poles
7.6 F&I Pull Boxes(13"X24"X18") 24 EA $ 750.00
$ 18,000.00
7.7 F&I Pull Boxes(12"X12"X12") EA $ 750.00
9 $ 6,750.00
7.8 F&I Fiber Pull Boxes EA $ 1,500.00
6 S 9,000.00
F&I Pole Mounted 120v 20a Duplex GFI Receptacle
7.9 W/Cover 44 EA $ 200.00 S 8,800.00
2ND REVISION SECTION-C
PRICE SCHEDULE
F&I In-Grade Weather Proof Power Box Per Det
7.10 5/E1.2 14 EA $ 1,500.00 $ 21,000.00
F&I In-Grade Weather Proof Event Power Box Per
7.11 Det 6/E1.3 13 EA $ 1,400.00 $ 18,200.00
F&I Electrical Service Rack And Panel For Panel
7.12 P1.1 1 EA $ 10,500.00 $ 10,500.00
F&I Electrical Service Rack And Panel For Panel
7.13 P1.2 1 EA $ 11,750.00 $ 11,750.00
7 14 Irrigation/Electrical Service/Time Clock Hook Up 1 LS $ 17,500.00
F&I Conduit And Wire For A Complete Working
7.15 System I 1 ILS $ 150,928.00
800-CONDUIT,FRANCHISE UTILITY,AND FIBER OPTIC $ 163,075.00
IMPROVEMENTS
F&12-2 In.Sch 40 Conduits Per Duke Energy
8.1 Specifications 240 LF $ 20.00 $ 4,800.00
F&I 1-2 In.Sch 40 Conduits Per Duke Energy
8.2 Specifications 500 LF $ 20.00 $ 10,000.00
F&12-1 In.Sch 40 Conduits Per Duke Energy
8.3 Specifications 2150 LF $ 20.00 $ 43,000.00
F&11-4 In.Sch 40 Conduits Per Duke Energy
8.4 Specifications 1530 LF $ 20.00 $ 30,600.00
F&11-6 In.Sch 40 Conduits Per Duke Energy
8.5 Specifications 130 LF $ 27.50 $ 3,575.00
F&12-2 In.HDPE Conduits Per City Specifications
8.6 350 LF $ 25.00 $ 8,750.00
Connect 2-2 In.HDPE Conduits To Existing Hand
8.7 Holes I EA $ 500.00 $ 500.00
Connect 2-2 In.HDPE Conduits To Existing Conduit
8.8 1 EA $ 600.00 $ 600.00
8 9 F&12 In.HDPE Conduits Per City Specifications 770 LF $ 25.00 $ 19,250.00
Connect 2 In.HDPE Conduits To Existing Hand
8.10 Holes 1 EA $ 300.00 $ 300.00
8.11 Adjust Existing Cable Boxes To Grade 1 $ 250.00 $ 250.00
Relocate Existing Telecommunication Junction Box
8.12 5 EA $ 250.00 $ 1,250.00
8.13 Adjust Existing Utility Box To Grade 2 $ 250.00 $ 500.00
8.14 Relocate Existing Electrical Transformer Box I EA $ 2,500.00 $ 2,500.00
8.15 Adjust Foc Box To Grade 3 $ 400.00 $ 1,200.00
8.16 F&I Fiber Optic Conduit And Tracer Wire LF
2000 $ 18.00 $ 36,000.00
900-ROADWAY/PARKING AREAS/MULTI-PURPOSE $ 249,218.00
TRAIL/CURB CONSTRUCTION
Mirafi 140n Geotextile Fabric For Paver Roadway
9.1 40225 SF $ 0.65 $ 26,146.25
9.2 6"Recycled Concrete For Paver Roadway 3765 SY $ 15.00 $ 56,475.00
6"Lime Rock Base For Multi-Purpose Trail And West
9.3 Avenue 6190 SY $ 12.50 $ 77,375.00
2ND REVISION SECTION-C
PRICE SCHEDULE
9.4 12"Lime Rock For Crosswalk Areas SY $ 19.00
105 $ 1,995.00
9 5 1.5"Sp 9.5 Structural Asphalt(Multi-Use Trail) 2720 SY $ 11.75 $ 31,960.00
9 6 2"Sp 9.5 Asphaltic Concrete(West Avenue) 3465 SY $ 15.95 $ 55,266.75
1000-SIDEWALK/CONCRETE CURB CONSTRUCTION $ 462,810.50
10.1 4"Concrete Sidewalk 16620 SF $ 6.75 $ 112,185.00
10.2 6"Driveway 9240 SF $ 10.95 $ 101,178.00
10.3 6"Crosswalk Subslab 935 SF $ 10.50 $ 9,817.50
10.4 6"Drainage L.I.D.Curb 280 LF $ 25.00 $ 7,000.00
10.5 6"Handicap Ramps 1575 SF $ 15.00
$ 23,625.00
10.6 24"Valley Gutter 2630 LF $ 35.00 S 92,050.00
10.7 F Curb 1800 LF $ 32.00 S 57,600.00
10.8 12"Ribbon Curb 1090 LF $ 30.00 S 32,700.00
10.9 Handicap Ramp Curbs 115 LF $ 27.00
S 3,105.00
10.10 Concrete Steps 45 SF $ 55.00 $ 2,475.00
10.11 Ramps And Landings 685 SF $ 15.00 $ 10,275.00
10.12 6"Ribbon Curb/6"Curb 360 LF $ 30.00 $ 10,800.00
1100-BRICK PAVERS $ 303,080.75
11.1 F&1 2 1/4"Truncated Dome Pavers 550 SF $ 25.00
$ 13,750.00
F&12 1/4"Roadway Brick Pavers-K&W Red 2 33000
11.2 1/4"X4"X8"-Manuf.By Glen-Gery Corporation SF $ 7.55 $ 249,150.00
11.3 F&1 2 3/4"Crosswalk Brick Pavers 935 SF S 17.45
$ 16,315.75
11.4 Remove And Install New 2 3/8"Brick Paver Driveway 60 SF $ 55.00 $ 3,300.00
11.5 F&1 6"X 6"White Roadway Brick Pavers 450 SF $ 27.00 $ 12,150.00
11.6 F&1 Ada Symbol With White Pavers 3 EA $ 1,995.00 $ 5,985.00
11.7 F&16"X 6"Blue Roadway Brick Pavers 90 SF $ 27.00 $ 2,430.00
1200-VERTICAL ELEMENTS/SITE $ 125,500.00
WALLS/STAIRS/RAMPS
12.1 F&I Ramp/Stairs Railing(Allowance) LF $ 250.00
20 $ 5.000.00
F&I Neenah R-8325 Tree Pit Guard Around
Drainage L.I.D.
12.2 280 LF $ 75.00 $ 21,000.00
Retaining Wall At Corner Of West And Osceola
12.3 50 LF $ 350.00 $ 17.500.00
12 4 Stacked Block Retaining Wall With 5.5"Black Vinyl 210 LF S 200.00 $ 42.000.00
Picket Fence On Top.Picket Fence To Match
Variable Height Retaining Wall At SW.Corner Of 7th
12.5 And Osceola 200 LF $ 200.00 $ 40,000.00
2ND REVISION SECTION-C
PRICE SCHEDULE
1300-FURNISHINGS AND MISCELLANEOUS $ 78,300.00
F&I Removable Bollards Complete With Mounting
13.1 Sleeve,Pipe,And Final Cap 42 EA $ 1,475.00 $ 61,950.00
13 2 F&I High Dark Green Chain Link Fence To Match 390 LF $ 15.00 $ 5,850.00
Existing At Corner Of 7th And Osceola(Allewafloe)
13.3 Tie New 4'Chain Link Fence Into Existing Chain Link 2 EA $ 1,500.00 $ 3,000.00
Fence(Allowance)
13.4 Paint Valve Boxes,Inlets,And Manholes 1 LS $ 7,500.00
1400-PAVEMENT MARKINGS AND SIGNAGE $ 56,000.00
4ALLOWANCE.4
14.1 Thermoplastic Striping 1 LS
$ 18,500.00
14.2 Signage Package 1 LS
$ 37,500.00
1500-LANDSCAPING $ 207,796.11
Lily Of The Nile,#1;Full;3-4 PPP Min;18"O.C.
15.1 108 EA $ 6.87 $ 741.96
15 2 African Iris,White,#3;Full;5-6 PPP Min;3'O.C. 34 EA $ 15.00 $ 510.00
15.3 Bottle Brush,Standard,Callistemon,Cont/B&B; 10' 7 EA $ 550.00 $ 3,850.00
Height X 4'Spr'6'+Ct;2.5"Cl.Min
15.4 Crinum Lily,Red,#15;4'OA EA
6 $ 75.00 $ 450.00
15.5 Crinum Lily,Red,#7;3'+OA EA
12 $ 65.00 $ 780.00
Crape Myrtle,Cont.B&B,9'+Ht X 4-5'Spr;5'Ct Multi-
15.6 Trunk 7 EA $ 250.00 $ 1,750.00
Dwarf Confederate Jasmine,#1,Full;15"+
15.7 Runner's 5-7 Runners Min.;12"OC 2585 EA $ 5.50 $ 14,217.50
Dwarf Yaupon Holly,#3;10-12"HT X 12-
15 8 18"Spr;30"OC 298 EA $ 12.55 $ 3,739.90
European Fan Palm(Cont./B&B;4'OA;Multi-Trunk;
15.9 Mature Specimen 1 EA $ 600.00 $ 600.00
15.10 European Fan Palm(Cont./B&B;Mature Specimen;4 2 EA $ 1,750.00 $ 3,500.00
Trunk/Heads Min,10,8,8&6'HT
Emerald Goddess Liriope,#1;Full;5-7 PPP Min;12"
15.11 OC Or As Noted 3763 EA $ 2.75 $ 10,348.25
15.12 Multi Grass,#3;Full,3'00 EA
114 $ 12.00 $ 1,368.00
Heavenly Bamboo,#7;28"+Ht X 2'Spr;5 Canes Min.
15.13 13 EA $ 45.00 $ 585.00
Parson's Juniper,#3;8-10"+Ht X 18"+Spr;3'00
15.14 432 EA $ 12.50 $ 5,400.00
Japanese Yew,Cont./B&B 4'+Ht X 2'Spr;Turgid,Full
15.15 And Vigorous;3'00 9 EA S 95.00 $ 855.00
Pringle Dwarf Japanese Yew,#3;8-10"+HT X 12-
15.16 18"+Spr;3'OM 269 EA $ 15.00 $ 4,035.00
Live Oak,Cont.B&B;14-16'ht X 7-9'spr;4"Cal.Min.
15.17 8 EA $ 1,250.00 $ 10,000.00
IMMEMIIMMIMIW
2ND REVISION SECTION-C
PRICE SCHEDULE
Indian Hawthorne,White,#3;12"+HT X 18" 142 EA $ 12.50 $ 1,775.00
15.18 +Spr;3'OC
Society Garlic;#1;Full;6-8 PPP Min.;18"OC
15.19 277 EA $ 6 50 $ 1,800.50
Sabal Palm,B.R.;Root Enhanced,See Plan For CT II EA $ 750.00 $ 8,250.00
15.20 Heights
15.21 Wild Date Palm,B.R.; 16'CT4 EA $ 5,500.00 $ 22,000.00
15.22 Soft Rush,BR;3'OC24 EA Si 4.50 $ 108.00
15.23 Yellow Canna Lilly,BR;3'OC24 EA
$ 4.50 $ 108.00
15.24 Cordgrass,BR;3'OC24 EA 4.50 $ 108.00
15.25 African Iris,Yellow,BR;3'OC24 EA $ 4.50 $ 108.00
15.26 Dwarf Fakahatchee Grass.BR.3'OC24 EA $ 4.50 $ 108.00
15.27 Pine Straw Mulch 3"Depth 1 LS
S 19,950.00
15.28 Argentine Bahia Sod40000 SF $ 0.45 S 18,000.00
Tree Trimming For Existing Tree On SW Corner Of 1 LS S 3,750.00
15.29 7th And West Osceola
15.30 Planting Soil 1 LS $ 19,500.00
15.31 1 Year Landscape Maintenance EA
I $ 49,500.00 $ 49,500.00
$ 125,000.00
1600—IRRIGATION
Irrigation System Complete(Including But Not Limited 1 LS $ 125,000.00
16.1 To
Backflow Preventer With Enclosure
Points Of Connection
Quick Couplers
Controller With Pedestal And Enclosure
Flow Sensor
Schedule 40 PVC Sleeves
Schedule 40 PVC Mainline And Laterals
Rainbird Valves,Rainbird Valve Boxes,Wire Rainbird
Bubblers $ 3,997,913.13
By signing below.the respondent agrees to all terms,conditions,and specifications as stated in this solicitation,and is acting in an
authorized capacity to execute this response.The respondent also certifies that it can and will provide and
make available,at a minimum,the items set forth in this solicitation.
Respondent Information and Signature
Company Name(print): TRAVERSE GROUP,INC.
Street Address. 11009 ARROWTREE BLVD CLERMONT,FL 34715
Mailing Address(if different) PO BOX 121754 CLERMONT,FL 34712
Telephone: 352.409.6630 Fax: 877.532.8247
Email: AROEHN@TRAVERSE-GROUP.COM Payment Terms 0 % 0 days, net 30
FEIN: 45-3665388 Professional.License No. CUC057181
SIGNATURE: C2LA--,----------- DATE JULY 11,2019
PRINT ALICIA ROEHN Title CORPORATE SECRETARY
Does the respondent accept payment using the City's MASTERCARD? Yes 41111 C
END OF SECTION-C
FIRST AMENDMENT TO AGREEMENT FOR
STREETSCAPE PHASE 1: WEST AVENUE AND WEST OSCEOLA STREET
THIS AMENDMENT is entered into as of this I STN day of N owM gult 2019
and is to that certain Agreement dated August 13, 2019, hereinafter "the Agreement", by and
between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the
State of Florida whose address is: 685 W. Montrose Street,Clermont, Florida,hereinafter referred
to as "CITY" and TRAVERSE GROUP, INC., 11009 Arrowtree Blvd., Clermont, FL 34715, PO
Box 121754, Clermont, FL 34712, hereinafter referred to as "CONTRACTOR". The parties, in
exchange for the mutual covenants contained herein and in the Agreement, agree as follows:
1. This Amendment expressly modifies the Agreement and in the event of a conflict,
the terms and conditions of this Amendment shall prevail.
2. The Agreement is hereby amended to include the Contract Provisions for
Department of Transportation (DOT) Funded Agreements referred to and incorporated into the as
more particularly described in Attachment "A"attached hereto and incorporated herein.
3. All other terms and conditions set forth in the Agreement shall remain in full force
and effect and unchanged as agreed to by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
dates set forth below.
City of Clermont Attest:
j)L9U,
44/CY
Freddy Suarez, chasing Dir r Tracy Ackroyd owe, City Clerk
Date: 11_
Traverse Group, Inc. Attest:
By:
Alicia Roehn, Corporate Secretary Corporate Secretary
ATTACHMENT A
ATTACHMENT 8
Contract Provisions for Department of Transportation (DOT) Funded Agreements
The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee,the term"Recipient"shall mean"Grantee."
Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to
all lower tier subrecipients,and to comply with the provisions of the award,including applicable provisions
of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however
for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative.Contractual,and Legal Remedies
The following provision is required if the Agreement is for more than$150,000. In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable
to this Contract,the Non-Federal Entity may take one or more of the following actions.
A. Temporarily withhold payments pending correction of the deficiency by the Recipient.
B. Disallow(that is,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.
C. Wholly or partly suspend or terminate this Contract.
D. Take other remedies that may be legally available.
The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand
a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of"federally assisted construction
contract"as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement,the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,sexual orientation,gender identity,or national origin.
The Recipient 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:
a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf
of the Recipient,state that all qualified applicants will receive consideration for employment
without regard to race,color,religion,sex,sexual orientation,gender identity,or national
origin.
iii. The Recipient 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
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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 the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding,a notice to be provided
advising the said labor union or workers'representatives of the Recipient's commitments
under this section,and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient 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.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his books,records,and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules,regulations,and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations,or orders,this Agreement may be
canceled,terminated,or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction 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 rule,regulation,or order of the Secretary of Labor,or as
otherwise provided by law.
viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs(1)through(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.The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions,including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if
required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141-
3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In
accordance with the statute,contractors must 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.In addition,
contractors must pay wages not less than once a week. The Recipient must 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").The Act provides that each Recipient or subrecipient 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.
5. Contract Work Hours and Safety Standards Act
Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or
laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of
Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient 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
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or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties,assignment or performance of experimental,
developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient
must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
7. Clean Air Act(42 U.S.C.7401-7671q.),the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387).and EPA Regulations
If the Agreement is in excess of$100,000,the Recipient shall 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),and by the EPA(40 CFR Part 15). Violations
must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection
Agency(EPA).
8. Debarment and Suspension(Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 and 2 CF 1200 that implement
Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),
"Debarment and Suspension."
9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
The Recipient certifies 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.If applicable,the
Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award,using form SF-LLL,available at:
https://apply07.grants.gov/apply/forms/sample/SFLLL_1 2 P-V I.2.pdf.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
11. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et
sequence.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Recipients,their employees,subrecipients under this award,and subrecipients'employees may not:
A. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
B. Procure a commercial sex act during the period of time that the award is in effect;or
C. Use forced labor in the performance of the award or subawards under the award.
14. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
A. This award,related subawards,and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
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program on award recipient employee whistleblower protections established at 41 U.S.C.4712
by section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239).
B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce,of the employee whistleblower rights and protections
under 41 U.S.C.4712.
C. The Recipient shall insert this clause, including this paragraph C, in all subawards and in
contracts over the simplified acquisition threshold related to this award;best efforts should be
made to include this clause,including this paragraph C in any subawards and contracts awarded
prior to the effective date of this provision.
15. Notification of Termination(2 CFR&200.340)
In accordance with 2 CFR§ 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall
be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,
accessible through System for Award Management(SAM)currently the Federal Awardee Performance and
Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
16. Additional Lobbying Requirements
A. The Recipient certifies that no funds provided under this Agreement have been used or will be
used to engage in the lobbying of the Federal Government or in litigation against the United
States unless authorized under existing law.
B. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any
organization described in Section 501(cx4) of the Internal Revenue Code, from receiving
federal funds through an award, grant (and/or subgrant) or loan unless such organization
warrants that it does not,and will not engage in lobbying activities prohibited by the Act as a
special condition of such an award,grant(and/or subgrant),or loan.This restriction does not
apply to loans made pursuant to approved revolving loan programs or to contracts awarded
using proper procurement procedures.
C. Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from
using funds provided by this Agreement for membership dues to any entity or organization
engaged in lobbying activities.
COMPLIANCE WITH ASSURANCES
17. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
FEDERAL REPORTING REOUIREMENTS
Grant Recipients awarded a new Federal grant greater than or equal to$30,000 awarded on or after October
1,2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of
2006. The FFATA legislation requires that information on federal awards(federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov.The Grantee agrees to provide the information necessary,within one(1)month of
execution,for the Department to comply with this requirement.
DEPARTMENT OF TRANSPORTATION-SPECIFIC
18. DOT Regulations
Recipients shall comply with the following regulations: 2 CFR 1200-1201. 49 CFR 17, 49 CFR 20-21,49
CFR 25-28.
19. Retention and Access Requirements for Records
Pursuant to 49 CFR§18.37(aX3),for cost reimbursement subgrants of any tier,Recipients and subrecipients
shall comply with the record retention and access requirements of 49 CFR§18.42.
20. Energy Efficiency Policies
Recipients must comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act(Pub.L.94-163,89 Stat.871).
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21. Drug-Free Workplace
The Department must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the
specific requirements set forth in 49 CFR 32. Additionally, in accordance with these regulations, the
recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
22. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable,Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(P.L.91-646)to provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
23. Payments to Subcontractors
The Recipient must pay all subcontractors within 30 days of receipt of payment in accordance with 49 CFR
26.29. If retainage is withheld,the Department may make prompt and regular incremental acceptances of
portions of the Agreement and pay retainage to Recipients based on these acceptances. Further,the Recipient
must pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within
30 days after your payment to the Recipient.
FEDERAL HIGHWAY ADMINISTRATION-SPECIFIC
24. Federal Highway Administration(FHWA)Contractors&Recipients General Terms and
Conditions for Assistance Awards
Recipients shall comply with FWHA Contractors&Recipients General Terms and Conditions for Assistance
Awards available at https://www.fhwa.dot.gov/cfo/contractor recip/gtandc generaltermsconditions.cfm,
and incorporated by reference.
25. Contract Provisions
If the Project meets the definition of a"Federal Aid Construction Project," Form FHWA-1273 Required
Contract Provisions, available at https://www.fhwa.dot.gov/construction/cgit/form1273.cfm and
incorporated by reference,must be physically incorporated into each contract and subcontract.
RECREATIONAL TRAILS PROGRAM-SPECIFIC
26. Recreational Trails Program Guidance
Recipients shall comply with the applicable requirements of Recreational Trails Program Guidance available
at https://www.fhwa.dot.gov/environment/recreational trails/guidance/index.cfm, and incorporated by
reference.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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FHWA-1273-- Revised May 1.2012
ATTACHMENT 9
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment.termination of the contract.suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole.supervised release,or probation.The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more.The
provisions of 23 CFR Part 230 are not applicable to material
supply,engineering,or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246.41 CFR 60.
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal).The Rehabilitation Act of 1973.as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27:and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200.230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with:the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services.The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor. lower-tier subcontractor or service provider.
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60.and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services).The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973.as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended.and related regulations including 49 CFR
Parts 21,26 and 27:and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents.however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A.with appropriate revisions to conform to the U.S.
referenced)in all contracts.subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders. rental agreements
and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35,
sections.these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractors own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractors provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractors project activities under
Attachment 9, Page 1 of 11
this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer."All such
contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
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. 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,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability.Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions.Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make known
to the contracting officers an EEO Officer who will have the c. The contractor will encourage its present employees to
responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability.The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment.To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
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
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained.The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination.Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action.If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons.Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
Attachment 9, Page 2 of 11
applicants for employment or current employees.Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractors work forcerequirements and undue hardship.
as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race.color, religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision.The contracting agency may reserve leases of equipment.The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women.Actions by reference.
the contractor,either directly or through a contractors
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract.The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11. Records and Reports: The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race.color, religion,sex,national origin,age or requirements.Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor.the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color,religion,sex,national opportunities for minorities and women,and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women.The failure of a union (3)The progress and efforts being made in locating.hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women,
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority.women.and
pursuant to Executive Order 11246.as amended.and these non-minority group employees currently engaged in each work
special provisions.such contractor shall immediately notify the classification required by the contract work.This information is
contracting agency. to be reported on Form FHWA-1391.The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July.If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
Attachment 9, Page 3 of 11
will be required to collect and report training data.The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. 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
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10.000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein: Provided.
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color.religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis Bacon poster(WH-1321)shall be
employee custom.The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractors control.where it can be easily seen by the workers.
the facilities are segregated.The term"facilities"includes
waiting rooms,work areas.restaurants and other eating areas. b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms.and other laborers or mechanics,including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas.transportation,and housing contract shall be classified in conformance with the wage
provided for employees.The contractor shall provide separate determination.The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
determination;and
This section is applicable to all Federal-aid construction
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size).The (u)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway.This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide
local roads or rural minor collectors.which are exempt. fringe benefits.bears a reasonable relationship to the
Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination.
other projects.
(2)If the contractor and the laborers and mechanics to be
The following provisions are from the U.S. Department of employed in the classification(if known),or their
Labor regulations in 29 CFR 5.5"Contract provisions and representatives,and the contracting officer agree on the
related matters"with minor revisions to conform to the FHWA- classification and wage rate(including the amount
1273 format and FHWA program requirements. designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration,U.S.Department of Labor.
Washington,DC 20210.The Administrator,or an authorized
a. All laborers and mechanics employed or working upon representative,will approve.modify,or disapprove every
the site of the work,will be paid unconditionally and not less additional classification action within 30 days of receipt and
often than once a week,and without subsequent deduction or so advise the contracting officer or will notify the contracting
rebate on any account(except such payroll deductions as are officer within the 30-day period that additional time is
permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act(29 CFR part 3)),the full amount of
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives.
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate).the
and mechanics. contracting officer shall refer the questions.including the
views of all interested parties and the recommendation of the
contracting officer,to the Wage and Hour Administrator for
Contributions made or costs reasonably anticipated for bona determination.The Wage and Hour Administrator,or an
fide fringe benefits under section 1(b)(2)of the Davis-Bacon authorized representative,will issue a determination within
Act on behalf of laborers or mechanics are considered wages 30 days of receipt and so advise the contracting officer or
paid to such laborers or mechanics.subject to the provisions
Attachment 9, Page 4 of 11
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. 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
(4)The wage rate(including fringe benefits where appropriate) laborers or mechanics affected,and records which show the
determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this costs anticipated or the actual cost incurred in providing such
section,shall be paid to all workers performing work in the benefits. Contractors employing apprentices or trainees under
classification under this contract from the first day on which approved programs shall maintain written evidence of the
work is performed in the classification. 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 at http://www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker.
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT.the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract.or any other Federal requirements. It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics. (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the "Statement of Compliance."signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract.In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic.including any apprentice,trainee, or certify the following:
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 (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
complete:
3. Payrolls and basic records
(ii)That each laborer or mechanic(including each
a. Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned.without rebate.either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address.and social security number of indirectly from the full wages earned.other than
each such worker,his or her correct classification.hourly rates permissible deductions as set forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs part 3;
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. (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
Attachment 9, Page 5 of 11
(3)The weekly submission of a properly executed certification rate specified in the applicable wage determination.
set forth on the reverse side of Optional Form WH-347 Apprentices shall be paid fringe benefits in accordance with
shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits.
this section. 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
(4)The falsification of any of the above certifications may practice prevails for the applicable apprentice classification.
subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination.
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
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 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
Employment and Training Administration.
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 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
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. 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
The allowable ratio of apprentices to journeymen on the job approved by the Employment and Training Administration shall
site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage
permitted to the contractor as to the entire work force under determination for the classification of work actually performed.
the registered program.Any worker listed on a payroll at an In addition.any trainee performing work on the job site in
apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the wage determination for the work actually performed.
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 In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of
program shall be observed. apprentices.trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
Attachment 9, Page 6 of 11
d. Apprentices and Trainees(programs of the U.S.DOT). CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Apprentices and trainees working under apprenticeship and The following clauses apply to any Federal-aid construction
skill training programs which have been certified by the contract in an amount in excess of S100.000 and subject to the
Secretary of Transportation as promoting EEO in connection overtime provisions of the Contract Work Hours and Safety
with Federal-aid highway construction programs are not Standards Act.These clauses shall be inserted in addition to
subject to the requirements of paragraph 4 of this Section IV. the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
The straight time hourly wage rates for apprentices and used in this paragraph.the terms laborers and mechanics
trainees under such programs will be established by the include watchmen and guards.
particular programs.The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of 1.Overtime requirements. No contractor or subcontractor
the particular program. contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
5.Compliance with Copeland Act requirements.The require or permit any such laborer or mechanic in any
contractor shall comply with the requirements of 29 CFR part workweek in which he or she is employed on such work to
3.which are incorporated by reference in this contract. 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
6.Subcontracts.The contractor or subcontractor shall insert worked in excess of forty hours in such workweek.
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 2.Violation;liability for unpaid wages; liquidated
compliance by any subcontractor or lower tier subcontractor damages. In the event of any violation of the clause set forth
with all the contract clauses in 29 CFR 5.5. 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
7.Contract termination:debarment. A breach of the shall be liable to the United States(in the case of work done
contract clauses in 29 CFR 5.5 may be grounds for termination under contract for the District of Columbia or a territory.to such
of the contract.and for debarment as a contractor and a District or to such territory),for liquidated damages.Such
subcontractor as provided in 29 CFR 5.12. liquidated damages shall be computed with respect to each
individual laborer or mechanic,including watchmen and
8.Compliance with Davis-Bacon and Related Act guards.employed in violation of the clause set forth in
requirements.All rulings and interpretations of the Davis- paragraph(1.)of this section.in the sum of$10 for each
Bacon and Related Acts contained in 29 CFR parts 1.3.and 5 calendar day on which such individual was required or
are herein incorporated by reference in this contract. 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.
9.Disputes concerning labor standards.Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract.Such 3.Withholding for unpaid wages and liquidated damages.
disputes shall be resolved in accordance with the procedures The FHWA or the contacting agency shall upon its own action
of the Department of Labor set forth in 29 CFR parts 5.6,and or upon written request of an authorized representative of the
7.Disputes within the meaning of this clause include disputes Department of Labor withhold or cause to be withheld,from
between the contractor(or any of its subcontractors)and the any moneys payable on account of work performed by the
contracting agency,the U.S.Department of Labor,or the contractor or subcontractor under any such contract or any
employees or their representatives. 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
10.Certification of eligibility. prime contractor,such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
a. By entering into this contract,the contractor certifies that subcontractor for unpaid wages and liquidated damages as
neither it(nor he or she)nor any person or firm who has an provided in the clause set forth in paragraph(2.)of this
interest in the contractor's firm is a person or firm ineligible to section.
be awarded Government contracts by virtue of section 3(a)of
the Davis-Bacon Act or 29 CFR 5.12(a)(1). 4.Subcontracts.The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph(1.)
b. No part of this contract shall be subcontracted to any person through(4.)of this section and also a clause requiring the
or firm ineligible for award of a Government contract by virtue subcontractors to include these clauses in any lower tier
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 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
c.The penalty for making false statements is prescribed in the section.
U.S.Criminal Code. 18 U.S.C.1001.
Attachment 9, Page 7 of 11
V. SUBLETTING OR ASSIGNING THE CONTRACT evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
This provision is applicable to all Federal-aid construction
contracts on the National Highway System. 5.The 30%self-performance requirement of paragraph(1)is
not applicable to design-build contracts;however,contracting
1.The contractor shall perform with its own organization agencies may establish their own self-performance
contract work amounting to not less than 30 percent(or a requirements.
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 VI. SAFETY:ACCIDENT PREVENTION
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total Thisprovisionis applicable to all Federal-aid
original contract price before computing the amount of work construction contracts and to all related subcontracts.
required to be performed by the contractor's own organization
(23 CFR 635.116). 1. In the performance of this contract the contractor shall
comply with all applicable Federal,State.and local laws
a. The term"perform work with its own organization"refers governing safety,health,and sanitation(23 CFR 635).The
to workers employed or leased by the prime contractor.and contractor shall provide all safeguards,safety devices and
equipment owned or rented by the prime contractor,with or protective equipment and take any other needed actions as it
without operators.Such term does not include employees or determines,or as the contracting officer may determine,to be
equipment of a subcontractor or lower tier subcontractor, reasonably necessary to protect the life and health of
agents of the prime contractor,or any other assignees.The employees on the job and the safety of the public and to
term may include payments for the costs of hiring leased protect property in connection with the performance of the
employees from an employee leasing firm meeting all relevant work covered by the contract.
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime 2. It is a condition of this contract,and shall be made a
contractor meets all of the following conditions: condition of each subcontract.which the contractor enters into
pursuant to this contract,that the contractor and any
(1)the prime contractor maintains control over the subcontractor shall not permit any employee,in performance
supervision of the day-to-day activities of the leased of the contract,to work in surroundings or under conditions
employees: which are unsanitary,hazardous or dangerous to his/her
(2)the prime contractor remains responsible for the quality health or safety,as determined under construction safety and
of the work of the leased employees: health standards(29 CFR 1926)promulgated by the Secretary
(3)the prime contractor retains all power to accept or of Labor,in accordance with Section 107 of the Contract Work
exclude individual employees from work on the project;and Hours and Safety Standards Act(40 U.S.C.3704).
(4)the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages.the 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract
submission of payrolls.statements of compliance and all that the Secretary of Labor or authorized representative
other Federal regulatory requirements. thereof,shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
b."Specialty Items"shall be construed to be limited to work with the construction safety and health standards and to carry
that requires highly specialized knowledge.abilities,or out the duties of the Secretary under Section 107 of the
equipment not ordinarily available in the type of contracting Contract Work Hours and Safety Standards Act(40
organizations qualified and expected to bid or propose on the U.S.C.3704).
contract as a whole and in general are to be limited to minor
components of the overall contract.
VII. FALSE STATEMENTS CONCERNING HIGHWAY
2.The contract amount upon which the requirements set forth PROJECTS
in paragraph(1)of Section VI is computed includes the cost of
material and manufactured products which are to be Thisprovisionis applicable to all Federal-aid
purchased or produced by the contractor under the contract construction contracts and to all related subcontracts.
provisions.
In order to assure high quality and durable construction in
3.The contractor shall furnish(a)a competent superintendent conformity with approved plans and specifications and a high
or supervisor who is employed by the firm,has full authority to degree of reliability on statements and representations made
direct performance of the work in accordance with the contract by engineers,contractors.suppliers,and workers on Federal-
requirements.and is in charge of all construction operations aid highway projects,it is essential that all persons concerned
(regardless of who performs the work)and(b)such other of its with the project perform their functions as carefully,thoroughly.
own organizational resources(supervision,management,and and honestly as possible.Willful falsification,distortion,or
engineering services)as the contracting officer determines is misrepresentation with respect to any facts related to the
necessary to assure the performance of the contract. project is a violation of Federal law.To prevent any
misunderstanding regarding the seriousness of these and
4. No portion of the contract shall be sublet,assigned or similar acts, Form FHWA-1022 shall be posted on each
otherwise disposed of except with the written consent of the Federal-aid highway project(23 CFR 635)in one or more
contracting officer,or authorized representative.and such places where it is readily available to all persons concerned
consent when given shall not be construed to relieve the with the project:
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 18 U.S.C. 1020 reads as follows:
Attachment 9, Page 8 of 11
"Whoever,being an officer,agent.or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below. The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However.
be used.or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications.contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation:or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement.false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity.or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation:or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement.certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat.355).as amended submitted or has become erroneous by reason of changed
and supplemented: circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." 'suspended,""ineligible.""participant.""person,""principal,"
and"voluntarily excluded,"as used in this clause,are defined
in 2 CFR Parts 180 and 1200."First Tier Covered
VIII. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or sub-grantee of Federal funds and a participant
(such as the prime or general contract)."Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts)."First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or sub-grantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer. funds(such as the prime or general contractor)."Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate.will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
IX.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction.without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts.subcontracts.lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more—as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. 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,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions.To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https://www.epls.gov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
Attachment 9, Page 9 of 11
a.Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to ncluding suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
b. Except for transactions authorized under paragraph changed circumstances.
(f)of these instructions.if a participant in a covered
transaction knowingly enters into a lower tier covered d.The terms"covered transaction,""debarred."
transaction with a person who is suspended,debarred, "suspended,""ineligible,""participant.""person,""principal."
ineligible,or voluntarily excluded from participation in this and"voluntarily excluded."as used in this clause.are defined
transaction,in addition to other remedies available to the in 2 CFR Parts 180 and 1200.You may contact the person to
Federal Government.the department or agency may terminate which this proposal is submitted for assistance in obtaining a
this transaction forcause or default. copy of those regulations."First Tier Covered Transactions"
refers to any covered transaction between a grantee or sub-
grantee of Federal funds and a participant(such as the prime
or general contract)."Lower Tier Covered Transactions"refers
2. Certification Regarding Debarment,Suspension, to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered
transaction with a grantee or sub-grantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor)."Lower Tier
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred.suspended.proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency. submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended.declared ineligible.or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining.attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction:violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
bribery.falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property: "Certification Regarding Debarment,Suspension. Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction."
(3) Are not presently indicted for or otherwise criminally or without modification.in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification:and g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended.ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification.such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions.To verify the eligibility of its principals.as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(https://www.epls.gov/),which is
(Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost S25.000 or more-2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a. By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of
was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred, ineligible,or voluntarily
Federal Government.the department or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
Attachment 9, Page 10 of 11
ATTACHMENT A-EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
department or agency with which this transaction originated HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
may pursue available remedies.including suspension and/or ROAD CONTRACTS
debarment. 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
Certification Regarding Debarment,Suspension, undertaking to do work which is,or reasonably may be,done as
Ineligibility and Voluntary Exclusion--Lower Tier on-site work,shall give preference to qualified persons who
Participants: regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
1.The prospective lower tier participant certifies, by submission Appalachian counties of the State wherein the contract work is
of this proposal,that neither it nor its principals is presently situated,except:
debarred,suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from participating in covered a.To the extent that qualified persons regularly residing in
transactions by any Federal department or agency. the area are not available.
2.Where the prospective lower tier participant is unable to certify b.For the reasonable needs of the contractor to employ
to any of the statements in this certification,such prospective supervisory or specially experienced personnel necessary to
participant shall attach an explanation to this proposal. 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
X.CERTIFICATION REGARDING USE OF CONTRACT FUNDS bargaining contract,provided that the number of nonresident
FOR LOBBYING persons employed under this subparagraph(lc)shall not
exceed 20 percent of the total number of employees employed
This provision is applicable to all Federal-aid construction by the contractor on the contract work,except as provided in
contracts and to all related subcontracts which exceed subparagraph(4)below.
$100.000(49 CFR 20).
2.The contractor shall place a job order with the State
1. The prospective participant certifies,by signing and submitting Employment Service indicating(a)the classifications of the
this bid or proposal.to the best of his or her knowledge and laborers,mechanics and other employees required to perform
belief,that: the contract work, (b)the number of employees required in each
classification,(c)the date on which the participant estimates
a. No Federal appropriated funds have been paid or will be paid, such employees will be required,and(d)any other pertinent
by or on behalf of the undersigned.to any person for information required by the State Employment Service to
influencing or attempting to influence an officer or employee of complete the job order form.The job order may be placed with
any Federal agency.a Member of Congress.an officer or the State Employment Service in writing or by telephone. If
employee of Congress,or an employee of a Member of during the course of the contract work.the information
Congress in connection with the awarding of any Federal submitted by the contractor in the original job order is
contract,the making of any Federal grant.the making of any substantially modified.the participant shall promptly notify the
Federal loan.the entering into of any cooperative agreement. State Employment Service.
and the extension,continuation,renewal,amendment.or
modification of any Federal contract.grant,loan.or 3.The contractor shall give full consideration to all qualified job
cooperative agreement. applicants referred to him by the State Employment Service.
The contractor is not required to grant employment to any job
b. If any funds other than Federal appropriated funds have been applicants who.in his opinion.are not qualified to perform the
paid or will be paid to any person for influencing or attempting classification of work required.
to influence an officer or employee of any Federal agency,a
Member of Congress,an officer or employee of Congress,or 4.If,within one week following the placing of a job order by the
an employee of a Member of Congress in connection with this contractor with the State Employment Service,the State
Federal contract.grant,loan,or cooperative agreement,the Employment Service is unable to refer any qualified job
undersigned shall complete and submit Standard Form-LLL, applicants to the contractor.or less than the number requested.
"Disclosure Form to Report Lobbying."in accordance with its the State Employment Service will forward a certificate to the
instructions. contractor indicating the unavailability of applicants.Such
certificate shall be made a part of the contractor's permanent
2. This certification is a material representation of fact upon project records. Upon receipt of this certificate,the contractor
which reliance was placed when this transaction was made or may employ persons who do not normally reside in the labor
entered into.Submission of this certification is a prerequisite area to fill positions covered by the certificate.notwithstanding
for making or entering into this transaction imposed by 31 the provisions of subparagraph(1c)above.
U.S.C. 1352.Any person who fails to file the required
certification shall be subject to a civil penalty of not less than 5.The provisions of 23 CFR 633.207(e)allow the contracting
$10,000 and not more than$100.000 for each such failure. agency to provide a contractual preference for the use of
mineral resource materials native to the Appalachian region.
3. The prospective participant also agrees by submitting its bid or
proposal that the participant shall require that the language of 6.The contractor shall include the provisions of Sections 1
this certification be included in all lower tier subcontracts. through 4 of this Attachment A in every subcontract for work
which exceed S100,000 and that all such recipients shall which is,or reasonably may be.done as on-site work.
certify and disclose accordingly.
Attachment 9, Page 11 of 11