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HomeMy Public PortalAboutPRR 23-2967 Renee Basel From:Hamill Andrade <hamilla@ric-man.us> Sent:Wednesday, October 25, 2023 10:15 AM To:Renee Basel Cc:Andres Diaz; Michael Jankowski Subject:ITB-2023-100-0-2023/SP Town of Gulf Stream Core Area Neighborhood Improvements You don't often get email from hamilla@ric-man.us. Learn why this is important \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Good morning We would like to make a public record request : Please provide a copy of bid proposal submi?ed by Roadway Construc?on for the subject solicita?on that bid on 10/12/2023 Thank You, Ms. Hamill Andrade Ric-Man International, Inc 1545 NW 27th Ave Pompano Beach, FL 33069 Office: 954-426-1042 Fax: 954-426-0717 Email: hamilla@ric-man.us The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. North Miami Beach Office: RD 1100 NE 163 Street Ste 102/103 North Miami Beach, FL 33162 Office: 786-496-2640 www.ric-man.us ric_man_int  Please consider the environment before printing this e-mail The information contained in this e-mail is confidential and intended solely for the use of the addressee(s) listed above. If you have received this message in error or otherwise, please destroy all copies of this message immediately 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 13, 2023 Hamill Andrade [mail to: hamilla@ric-man.us] Re: GS #2967 (Bid proposal – Core Area Neighborhood) Please provide a copy of bid proposal submitted by Roadway Construction for the subject solicitation that bid on 10/12/2023. Dear Hamill Andrade [mail to: hamilla@ric-man.us]: The Town of Gulf Stream has received your public records request dated October 25, 2023. You should be able to view your original request and response at the following link: PRR 23-2967 (laserfiche.com) We consider this request closed. Sincerely, Reneé R. Basel, MMC Reneé R. Basel, MMC Town Clerk, Custodian of the Records NOTICE INVITING BID The work generally consists of the following: Furnishing all labor, materials, equipment, incidentals, and appurtenances for the installation of water mains by open -cut methods and pre -chlorinated pipe bursting method, including fittings, restraining devices, valves, water services, fire hydrants and connection to existing systems, installation of stormwater systems including culverts, inlets, manholes, lake improvements, sea wall penetrations, tidal check valves and connections to existing systems, demolition and reconstruction of roadways including concrete curbs, asphalt pavement, and driveways. Construction also includes clearing and grubbing, dewatering, maintenance of traffic, pavement restoration, pavement markings, driveway restoration, abandonment and grouting of existing asbestos cement water piping and various material stormwater piping, complying with permit conditions, testing and all restoration work for a complete and operating system. Project will be completed in two phases, Phase 1 and Phase 2. SUBMITTING PROPOSALS: Sealed bids will be received in the Office of the Town Manager, Town Hall, 100 Sea Road, Gulf Stream, Florida 33483 until 2:00 p.m. on Thursday, October 12, 2023, for a completed project for the Town of Gulf Stream Core Area Neighborhood Improvements. All bids received will be opened and read at the close of bidding in the Commission Chambers of Town Hall. All bidders or their representatives are invited to be present. It will be the sole responsibility of the bidder to deliver their proposal to the Manager on or before the date and time specified. A Mandatory Pre -Bid Conference will be held at 10:00 a.m. on Wednesday, September 13, 2023 at the Town of Gulf Stream Commission Chambers, Town Hall, 100 Sea Road, Gulf Stream, Florida 33483. All interested parties are required to attend the pre -bid meeting. NO FAXED BIDS WILL BE ACCEPTED. Bids must be submitted in a sealed envelope and plainly marked on the outside of the envelope; the bidder's name and address followed by "SEALED BID FOR Town of Gulf Stream Core Area Neighborhood Improvements BID NO. 2023-100" address where bid is to be delivered or mailed to, and the date and time of bid opening. Bids must be submitted on the Bid Proposal Form(s) provided herein. Failure to do so may be cause for bid to be rejected. Proposals having an erasure or correction must be initialed by the bidder in ink. Bids shall be signed in ink; all quotations shall be typewritten and filled in with pen and ink. COMPLETION OF WORK: The work shall be completed within 600 calendar days after the commencement date stated in the Notice to Proceed. CONTRACTORS desiring plans and specifications for use in preparing bids may obtain or examine the Bid Documents at www.demandstar.com (1-800-711-1712) beginning Wednesday, September 6, 2023. BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 5 percent of the Total Bid Price payable to the Town of Gulf Stream as a guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. The Bidder shall guarantee the Total Bid Price for a period of 90 calendar days from the date of bid opening. PROJECT ADMINISTRATION: All communications and technical questions relative to this Work shall be submitted to www.demandstar.com prior to bid opening. The Town of Gulf Stream (OWNER) reserves the right to waive informalities in any bid and further reserves the right to reject any and all bids and to take any other action that may be deemed necessary in its best interest. OWNER: TOWN OF GULF STREAM BY: Greg Dunham — Town Manager Page A-1 Publish: Legal Section Palm Beach Post — September 6, 2023 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to OWNER, as distinct from a sub -bidder, who submits a Bid to a Bidder. 2. COMPETENCY OF BIDDERS. In selecting the Bidder deemed to be in the best interest of the Town of Gulf Stream consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "INFORMATION REQUIRED OF BIDDER," bound herein. No Bid for the WORK will be accepted from a CONTRACTOR who does not hold a valid CONTRACTOR's license in the State and County where the WORK is to be performed (if required by the State and County) applicable to the type of work bid upon at the time of opening Bids. 3. DISQUALIFICATION OF BIDDERS. More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the OWNER believes that any Bidder is interested in more than one Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to: (a) Examine the Contract Documents thoroughly (b) Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the WORK, (c) Consider federal, state and local Laws and Regulations that may affect cost, progress, or performance of the WORK, (d) Study and carefully correlate the Bidder's observations with the Contract Documents, and (e) Notify the ENGINEER of all conflicts, errors, or discrepancies in the Contract Documents. 4.2 Not Used 4.3 Not Used 4.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the OWNER and the ENGINEER by the owners of such underground utilities or others, and the OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Agreement or Contract Documents. 4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities and other physical Page A-2 conditions, and possible changes in the Contract Documents due to differing conditions appear in the Agreement. 4.6 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the WORK and which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.7 On request in advance, the OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and shall clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by the CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the OWNER unless otherwise provided in the Contract Documents. 4.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of "Bidder's Examination of Contract Documents and Site" contained herein, that without exception the Bid is premised upon performing the WORK required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK. 5. INTERPRETATIONS: All questions about the meaning or intent of the Contract Documents are to be directed to the ENGINEER in writing. Interpretations or clarifications considered necessary by the ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the ENGINEER or OWNER as having received the Contract Documents. Questions received less than 3 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY, BONDS: Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the OWNER and shall be given as guarantee that the Bidder, if awarded the WORK will enter into an Agreement with the OWNER, and shall furnish the necessary Insurance Certificates, Payment Bond and Performance Bond, each of said bonds to be in the amount stated in the Agreement. In case of refusal or failure to enter into said Agreement, the check or Bid Bond, as the case maybe, shall be forfeited to the OWNER. If the Bidder elected to furnish a Bid Bond as its Bid Security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it inform. 7. RETURN OF BID SECURITY: Within 14 days after award of the Contract, The OWNER will return the Bid securities accompanying such of the Bids as are not considered in making the Page A-3 award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM: The Bid shall be made on copies of the bidding schedule bound herein. 9. SUBMISSION OF BIDS: Refer to NOTICE INVITING BIDS. 10. DISCREPANCIES IN BIDS: In the event there is more than one Bid item in a Bidding schedule, the Bidder shall furnish a price for all Bid items in the schedule, and failure to do so will render the Bid non -responsive and may cause its rejection. In the event there are unit price Bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the CONTRACTOR shall be bound by said correction. In the event there is more than one bid item in the bidding schedule and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the CONTRACTOR shall be bound by said correction. 11. QUANTITIES OF WORK: The quantities of work or material stated in unit price items of the bid are supplied only to give an indication of the general scope of the WORK; the OWNER does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK by an amount up to and including 25 percent of any bid item, without a change in the unit price, and shall include the right to delete any bid item in its entirety, or to add additional bid items up to and including an aggregate total amount not to exceed 25 percent of the Contract Price. 12. WITHDRAWAL OF BID: The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non -responsive. The completed Bid Forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES: Provisions for liquidated damages if any are set forth in the Agreement. Page A-4 15. SUBSTITUTE OR "OR EQUAL" ITEMS: Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier and the name is followed by the words "or -equal", the Bidder may write the name of the substitute Supplier (which the Bidder considers as an "or -equal") in the Proposed Substitute Equipment/Material Supplier List in the Bid Form. These substitute suppliers will only be considered after award of the Contract. The procedure for the submittal of substitute or "or - equal" products is specified in the Section entitled "Contractor Submittals" of the General Requirements. 16. AWARD OF CONTRACT: Award of a contract, if it be awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications and as listed in the Named Equipment/Material Supplier List and will be made to the Bid which is deemed to be in the best interest of the Town of Gulf Stream as determined in the sole discretion of the Town. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid Items in an individual bidding schedule. In the event the WORK is contained in more than one bidding schedule, the OWNER may award schedules individually or in combination. In the case of 2 bidding schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT: The Bidder to whom award is made shall execute a written agreement with the OWNER on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 14 calendar days after receipt of the Agreement Forms from the OWNER. Failure or refusal to enter into an Agreement as herein provided or to conform to any stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid Security. If the bidder who has been awarded the bid pursuant to paragraph 16 refuses or fails to execute the agreement, the OWNER may award the Contract to whichever bidder it determines next best serves its interest. On the failure or refusal of such second or third Bidder (who has been awarded the contract) to execute the Agreement each such Bidder's Bid Security shall be likewise forfeited to the OWNER. 18. SITE INSPECTION: Bidder is responsible for a site inspection and final determination of all materials, labor and equipment required in their proposal. CONTRACTOR will obtain complete data at the site and inspect surfaces that are to receive his work. Before proceeding with work, CONTRACTOR will be solely responsible for accuracy of measurements and laying out of work; will correct errors or defects due to faulty measurements taken, information obtained, layout or due to failure to report discrepancies. 19. GOVERNMENT RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items/services offered on the bid prior to delivery/performance, it shall be the responsibility of the successful bidder to notify the Town at once, indicating in their letter the specific regulation which required an alteration. The Town of Gulf Stream reserves the right to accept any such alteration, including any price adjustments occasioned hereby, or to cancel the contract at no further expense to the Town. Page A-5 20. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may no submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. DISCRIMINATORY VENDOR LIST: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 22. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered, as a result of this bid. 23. TAXES: The Town of Gulf Stream is exempt from all Federal and State taxes 24. STANDARDS OF SAFETY: The bidder warrants that the product(s) and services supplied to the Town conforms in all respects to the standards set forth in the Occupational Safety and Health Act and its amendments and to any industry standards if applicable. Bid Proposal must be accompanied by Material Safety Data Sheet(s). (See attachment - Compliance with Occupational Safety and Health Act). 25. ASSIGNMENT: The CONTRACTOR shall not transfer or assign the performance required by this bid without the proper written consent of the Town of Gulf Stream. Any award issued pursuant to this bid invitation and monies which may become due hereunder are not assignable except with prior written approval of the Town of Gulf Stream. 26. NO BID: See Town of Gulf Stream "Statement of No Bid" form incorporated into the bid proposal package. 27. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the CONTRACTOR of supplying such work as specified. 28. REGULATIONS: All applicable laws and regulations of the Federal Government, State of Florida, Palm Beach County and Ordinances of the Town of Gulf Stream will apply to any resulting award of contract. 29. TOWN PERMITS: The CONTRACTOR will be required to obtain all necessary permits from the Town of Gulf Stream, SFWMD and FDOT. Page A-6 30. NOTICE TO PROCEED: The CONTRACTOR shall commence work within ten (10) days after receipt of Notice to Proceed from the OWNER unless otherwise stated. After start of work CONTRACTOR to remain on site until work is completed. 31. LIABILITY INSURANCE: The bidder will assume the full duty, obligation and expense of obtaining all insurance required. The Town of Gulf Stream and ENGINEER shall be an additional insured under all policies required by this proposal. The successful bidder shall furnish to the Town Manager, Town of Gulf Stream, 100 Sea Road, Gulf Stream, Florida 33483 certificates of insurance which indicate the insurance coverage have been obtained or otherwise secured in a manner satisfactory to the Town in an amount equal to 100% of the requirements provided herein and shall be presented to Town prior to issuance of any contract(s) or award(s) document(s) which meets the requirements as outlined on the accompanying Agreement. 32. INDEMNIFICATION: CONTRACTOR agrees to indemnify, defend, save, and hold harmless the Town, their officers and employees, from or on account of all damages, losses, liabilities and costs to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this construction contract. 33. IDENTICAL TIE BIDS: Refer to Attachment - Drug Free Workplace Program Form. 34. CONFLICT OF INTEREST: For purposes of determining any possible conflict of interest, all bidders must disclose if any Town of Gulf Stream employee is also an owner, corporate officer, or employee of their business Indicate either "Yes" (a town employee is also associated with your business), or "No". If "Yes", give person(s) name(s) and position(s) with your business. NO xxx YES NAME & POSITION Silvio Rubi, President (Note: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.) 35. FORCE MAJEURE: Seller's failure to make, or buyer's failure to take, any delivery or deliveries when due, if caused by Force Majeure as hereinafter defined, shall not constitute a default hereunder nor subject the party so failing to any liability to the other, provided however, the party affected by such Force Majeure shall promptly notify the other of the existence thereof and its expected duration and the estimated effect thereof upon its ability obligations hereunder. Such party shall promptly notify the other party when such Force Majeure circumstances has ceased to affect its ability to perform its obligations hereunder. The quantity to be delivered hereunder shall be reduced to the extent of the deliveries omitted for such cause or causes, unless both parties agree that the total quantity delivered hereunder remain unchanged. As used herein, the term Force Majeure shall mean and include an ACT OF GOD or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, strikes, lockouts, labor troubles, riots, sabotage, embargo, war (whether or not declared and whether or not the United States is a participant) Federal, State, or Municipal Law, regulation, order license, priority, seizure, requisition, or allocation, failure to delay of transportation shortage of or inability to obtain supplies, equipment, fuel or labor, or any other circumstances of a similar or different nature beyond the reasonable control of the party so failing. Page A-7 36. WARRANTIES: Warranty of Merchantability - Successful offeror warrants that all equipment and materials to be supplied pursuant to the Agreement will be merchantable, or good quality and free from defects, whether patent or latent in material and workmanship. Warranty of Material and Workmanship - Successful Offeror warrants all material and workmanship for a minimum of one (1) year from date of completion and acceptance by Town. If within one (1) year after acceptance by Town, or within such larger period of time as may be prescribed by Law any of the work is found to be defective or not in accordance with the contract documents, successful offeror shall promptly after receipt of written notice from Town to do so, promptly correct the work unless Town has previously given successful offeror a written acceptance of such condition. This obligation shall survive termination of the contract. Warranty of Fitness for a Particular Purpose - Successful offeror warrants the equipment shall be fit for and sufficient for the purpose(s) intended and outlined within this proposal package. Successful Offeror understands and agrees that Town is purchasing the equipment in reliance upon the skill of successful offeror in furnishing the equipment suitable for the purpose stated. If the equipment cannot be used in the manner stated in the proposal, then Town, at its sole discretion, may return the equipment to successful offeror for a full refund of any and all moneys paid for the equipment. Warranty of Title - Successful Offeror warrants that all equipment delivered under the contract shall be of new manufacture and that successful offeror possesses good and clear title to said equipment and there are no pending liens, claims or encumbrance whatsoever against said equipment. 37. DISPUTES: Except as otherwise provided in the Contract, any dispute arising under this Contract which is not disposed of by agreement shall be decided by the Town Manager of the Town of Gulf Stream or his designee, who shall reduce his decision to writing and furnish copy thereof to the CONTRACTOR. The decision of the Town Commission of the Town of Gulf Stream, Florida, and those persons to whom it delegates authority to decide disputes, shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by substantial evidence. 38. LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them shall take place in the state court in Palm Beach County, Florida. The parties waive jury trial for all disputes. 39. CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the Town for payment to a CONTRACTOR is limited to the availability of funds appropriated in current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 40. PRESENCE OF ASBESTOS MATERIALS: If in the course of work, the CONTRACTOR encounters any existing materials which he suspects contain asbestos, the CONTRACTOR will stop work in that area immediately and notify the Town. 41. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General Conditions shall have precedence. Page A-8 BID PROPOSAL FORM BID NO. 2023-100 BID TO: TOWN COMMISSION TOWN OF GULF STREAM 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents to perform the WORK as specified or indicated in said Contract Documents entitled: Town of Gulf Stream Core Area Neighborhood Improvements 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid Security. 3. The Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following addenda (receipt of all of which is acknowledged): Number 1 Date 09/15/2023 2 10/09/2023 10/10/2023 5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. 6. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced any person, firm or corporation to refrain from bidding and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. To all the foregoing, and including all Bid Schedule(s) and Information Required of Bidder contained in this Bid Form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment thereof the Contract Price based on the Total Bid Price(s) named in the aforementioned Bidding Schedule(s). Page A-9 NAME OF FIRM Roadway Constrution, LLC ADDRESS: 12791 SW 130 Street, Miami, FL 33186 NAME OF SIGNER Isir'vib Rubi TITLE OF SIGNER (Print or Type) SIGNATURE: I f t DATE: 10/12/2023 TELEPHONE NO.: Page A-10 FACSIMILE NO. 12391 SW 1301h Street Miami, FL 33186 Ph: (786) 842-3952 Fax: (786) 732-6431 CGC 1521202 1 CUC 1225013 October 12, 2023 TOWN OF GULF STREAM OFFICE OF THE TOWN MANAGER 100 SEA ROAD GULF STREAM, FL 33483 RE: Information Required of Bidder To Whom It May Concern, Roadway Construction, LLC was proudly founded in 2012. We specialize in Civil Construction in public markets working for different cities, counties, local municipalities, WASD and FDOT. We provide the complete site utility package, inclusive of storm drainage, sanitary sewer, water line and fire line. Roadway Construction also has profound expertise in earthwork & roadways in order to provide the client a complete site development package. Our company has been guided by our strong commitment to integrity, reliability and performance. Our reputation has developed and attracted talent and devoted professionals that are committed to the success of each project. I have included their distinguished resumes for your review. rds, ADDENDUM NO. 1 TO CONTRACT DOCUMENTS FOR TOWN OF GULF STREAM CORE AREA IMRPROVEMENTS September 15, 2023 TO ALL PROSPECTIVE BIDDERS AND OTHER CONCERNED: Contractor's submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge receipt of all addenda on the Bid Proposal Form — Part 1- Bidding Requirements (Page A-9) of the Contract Documents. Issued by: BAXTER & WOODMAN, INC. PLEASE ACKNOWLDEGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO BAXTER & WOODMAN AT 561-655-6179 or emailing to sprinyavivatkul@baxterwoodman.com AS SOON AS POSSIBLE. ADDENDUM NO. 2 TO CONTRACT DOCUMENTS FOR TOWN OF GULF STREAM CORE AREA IMRPROVEMENTS October 9, 2023 TO ALL PROSPECTIVE BIDDERS AND OTHER CONCERNED: Contractor's submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge receipt of all addenda on the Bid Proposal Form — Part 1- Bidding Requirements (Page A-9) of the Contract Documents. Issued by: BAXTER & WOODMAN, INC. PLEASE ACKNOWLDEGE RECEIPT OF ADDENDUM NO. 2 BY SIGNING BELOW AND FAXING BACK TO BAXTER & WOODMAN AT 561-655-6179 or emailing to DON AS POSSIBLE. ADDENDUM NO.3 TO CONTRACT DOCUMENTS FOR TOWN OF GULF STREAM CORE AREA IMRPROVEMENTS October 10, 2023 TO ALL PROSPECTIVE BIDDERS AND OTHER CONCERNED: Contractor's submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge receipt of all addenda on the Bid Proposal Form — Part 1- Bidding Requirements (Page A-9) of the Contract Documents. Issued by: BAXTER & WOODMAN, INC. PLEASE ACKNOWLDEGE RECEIPT OF ADDENDUM NO. 3 BY SIGNING BELOW AND FAXING BACK TO BAXTER & WOODMAN AT 561-655-6179 or emailing to .spriLiyavivatkul@baxterwoodman.com AS SOON AS POSSIBLE. SCHEDULE OF BID PRICES — BID NO. 2023-100 TO: TOWN COMMISSION TOWN OF GULF STREAM (Please fill in all blanks and return with your proposal.) In accordance with your request for proposals and the specifications contained herein, the undersigned proposes the following: Nine Hundred Five Thousand ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE PHASE 1 AND PHASE 2 Nine Hundred Five 1 General Conditions, Overhead, LS 1 Thousand Sixty -Six $905,066.04 $ 905,066.04 Profit (7% Max.) Dollars and Four Cents Three Hundred Eighty- 2 Site Mobilization/Demobilization LS 1 Seven Thousand Eight $ 387,885.45 $ 387,885.45 (3% Max.) Hundred Eighty -Five Dollars and Forty -Five Cents Two Hundred Fifty -Eight 3 Bonds and Insurance LS 1 Thousand Five Hundred $ 258,590.36 $ 258,590.36 (2% Max.) Ninety Dollars and Thirty - Six Cents One Hundred Eight 4 As -Built Record Drawings LS 1 Thousand Nine Hundred $ 108,999.10 $ 108,999.10 Ninety -Nine Dollars and Ten Cents PHASE 1 5 Pre -Construction Video Recording LS 1 Two Thousand Four Hundred Seventy -Seven Dollars and $ 2,477.25 $ 2,477.25 Twenty -Five Cents 6 NPDProtection LS 1 Eight Thousand $ 8,719.05 $ 8,719.05 SevenPermit/Erosion Seven Hundred Measures Nineteen Dollars and Five Cents Page A-11 ADDENDUM N0. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 7 Dewatering LS 1 Thirty -Four Thousand One $ 34,107.15 $ 34,107.15 Hundred Seven Dollars and Fifteen Cents Seven Hundred Twenty- 8 Maintenance of Traffic LS 1 Seven Thousand Nine $ 727,910.54 $ 727,910.54 Hundred Ten Dollars and Fifty -Four Cents 9 Clearing and Grubbing SY 6,890 Thirty -Seven Dollars and $ 37.50 $ 258,341.94 Fifty Cents Twenty -Eight 10 Remove and Dispose of Existing SY 17,435 Dollars and Fifty $ 28.50 $ 496,897.50 Pavement Cents 11 Remove and Replace Existing SY 1,665 Ten Dollars $ 10.00 $ 16,650.00 Driveways a. Paver Brick 11 Remove and Replace Existing SY 128 One Hundred Eighty -Two $ 182.50 $ 23,360.00 Dollars and Fifty Cents Driveways b. Concrete 11 Remove and Replace Existing SY 150 One Hundred Thirty- $ 135.92 $ 20,388.00 Five Dollars and Driveways Ninety -Two Cents c. Asphalt Fifty -Four Dollars 11 Remove and Replace Existing SY 280 and Forty -Six $ 54.46 $ 15,248.80 Driveways Cents d. Gravel Three 11 Remove and Replace Existing SY 85 HundredTwo $ 302.97 $ 25,752.45 Driveways Dollars and Ninety- e. Specialty (Exotic Materials/ Seven Cents Decorative Concrete/Asphalt) 12 2.5" Asphalt Pavement TON 1,628 One Hundred Sixty- One Dollars and Fifty $ 161.50 $ 262,922.00 Cents Page A-12 ADDENDUM NO.2 ITEM DESCRIPTION NO. 13 Optional Base Group 7 (LBR 100) 14 Type B Stabilized Subgrade (LBR 40) 15 Geosynthetic Fabric EST. UNIT PRICE UNIT EXTENDED UNIT QTY. (in words) PRICE TOTAL ICE SY 12,058 Fifty -Three $ 53.03 $ 639,435.74 Dollars and Three Cents Twenty -One SY 15,803 Dollars and Forty- $ 21.42 $ 338,500.26 Two Cents SY 16 Concrete Valley Gutter and Curb LF a. Concrete Valley Gutter 16 Concrete Valley Gutter and Curb LF b. Type F Curb 17 Site Grading 18 Sodding 19 Pavement Markings 20 Remove or Abandon Existing Drainage Pipe a. Remove 6" Pipe 20 Remove or Abandon Existing Drainage Pipe b. Remove 8" Pipe SY 18,279 Nine Dollars $ 9.37 $ 171,274.23 and Thirty - Seven Cents 13,400 Forty Dollars and $ 40.89 $ 533,614.50 13,050 Eighty -Nine Cents 350 Forty Dollars and $ 40.13 $ 14,045.50 Thirteen Cents Eight Dollars and 5,335 $ 8.44 $ 45,027.40 Forty -Four Cents SY 5,335 Three Dollars $ 3.12 $ 16,645.20 and Twelve Cents Eight Thousand One Hundred LS 1 Twenty -Five Dollars $ 8,125.39 $ 8,125.39 and Thirty -Nine Cents Twenty -One LF 170 Dollars and $ 21.24 $ 3,610.80 Twenty -Four Cents LF 25 Nineteen Dollars $ 19.83 $ 495.75 and Eighty -Three Cents Page A-13 ADDENDUM NO. 2 ITEM NO. DESCRIPTION 20 Remove or Abandon Existing Drainage Pipe c. Remove 10" Pipe 20 Remove or Abandon Existing Drainage Pipe d. Remove 12" Pipe 20 Remove or Abandon Existing Drainage Pipe e. Remove 15" Pipe 20 Remove or Abandon Existing Drainage Pipe f. Remove 18" Pipe 20 Remove or Abandon Existing Drainage Pipe g. Remove 24" Pipe 20 Remove or Abandon Existing Drainage Pipe h. Remove 18" RCP Pipe 20 Remove or Abandon Existing Drainage Pipe i. Remove 24" RCP Pipe 20 Remove or Abandon Existing Drainage Pipe j. Remove 30" RCP Pipe 21 Remove Existing Drainage Structure 22 Clean and CCTV Inspection of Existing 15" Drainage Pipe EST. UNIT PRICE UNIT EXTENDED UNIT QTY. (in words) PRICE TOTAL CE LF 75 Twenty -Three Dollars $ 23.09 $ 1,731.75 and Nine Cents LF LF LF LF LF LF LF EA LF Twenty -Two Dollars 155 and Thirty -Five $ 22.35 $ 3,464.25 Cents Twenty -Eight 75 Dollars and Fifty- $ 28.56 $ 2,142.00 Six Cents 650 Twenty -Six Dollars and $ 26.78 $ 17,407.00 Seventy -Eight Cents Twenty -Nine Dollars and 80 Fifteen Cents $ 29.15 $ 1,865.60 35 Twenty -Six Dollars and $ 26.78 $ 937.30 Seventy -Eight Cents Twenty -Nine 64 Dollars and $ 29.15 $ 1,865.60 Fifteen Cents Thirty -Seven 145 Dollars and Thirty $ 37.33 $ 5,412.85 -Three Cents One Thousand 36 Three Hundred $ 1,349.92 $ 48,597.12 Forty -Nine Dollars and Ninety -Two Cents 200 Nineteen Dollars $ 19.82 $ 3,964.00 and Eighty -Two Cents Page A-14 ADDENDUM NO. 2 ITEM DESCRIPTION UNIT NO. 23 Cast -In -Place Pipe Lining of Existing LF 15" Drainage Pipe 24 Adjust Existing Drainage Structure Top Elevation 25 Drainage Manhole/Inlet a. Type C Valley Gutter Inlet 25 Drainage Manhole/Inlet b. Type E Valley Gutter Inlet 25 Drainage Manhole/Inlet c. Type C Ditch Bottom Inlet w/ Concrete Apron 25 Drainage Manhole/Inlet d. Type C Inlet w/ Frame and Grate 25 Drainage Manhole/Inlet e. 4' Diameter Type J Bottom Valley Gutter Inlet 25 Drainage Manhole/Inlet f. 5' Diameter Type J Bottom Valley Gutter Inlet 25 Drainage Manhole/Inlet g. 6' Diameter Type J Bottom Valley Gutter Inlet 25 Drainage Manhole/Inlet h. 4' Diameter Manhole EA EST. UNIT PRICE UNIT EXTENDED QTY. (in words) PRICE TOTAL PRICE 200 One Hundred Thirty -Three$ 133.77 $ 26,754.00 Dollars and Seventy -Seven Cents Nine Hundred Ninety -Six 2 Dollars and Seventy $ 996.70 $ 1,993.40 Cents Five Thousand Four EA 40 Hundred Forty Dollars $ 5,440.28 $ 217,611.20 and Twenty -Eight Cents Six Thousand Eight Hundred Ninety -Five EA 5 Dollars and Forty -Nine $ 6,895.49 $ 34,477.45 Cents Six Thousand Seven EA 6 Hundred Sixty -Three $ 6,763.12 $ 40,578.72 Dollars and Twelve Cents Six Thousand EA 1 Forty -Four Dollars $ 6,044.78 $ 6,044.78 and Seventy -Eight Cents EA 2 Six Thousand Five Hundred Q 6,584.65 $ 13,169.30 Eighty -Four Dollars and Sixt -Five Cents Seven Thousand Eight EA 1 Hundred Twenty -Three $ 7,823.10 $ 7,823.10 Dollars and Ten Cents Eight Thousand One EA 1 Hundred Twenty -One $ 8,121.05 $ 8,121.05 Dollars and Five Cents Seven Thousand EA 3 Ninety -Three Dollars $ 7,093.39 $ 7,093.39 and Thirty -Nine Cents Page A-15 ADDENDUM NO. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 25 Drainage Manhole/Inlet EA 1 Eight Thousand Five $ 8,580.24 $ 8,580.24 i. 6' Diameter Manhole Hundred Eighty Dollars and Twenty -Four Cents Nine Thousand Two Hundred. 25 Drainage Manhole/Inlet EA 1 Twenty -Three Dollars and $ 9,223.94 $ 9,223.94 j. 6' Diameter Conflict Manhole Ninety -Four Cents 26 High Performance Polypropylene LF One Hundred Sixty -One 25 Dollars and Ninety -Eight $ 161.98 $ 4,049.50 (HPPP) Pipe for Stormwater Cents a. 12" HPPP Pipe One Hundred Sixty 26 High Performance Polypropylene LF 390 Dollars and Thirty -Nine$ 160.39 $ 62,552.10 (HPPP) Pipe for Stormwater Cents b. 15" HPPP Pipe 26 High Performance Polypropylene LF One Hundred Sixty -Five 2,400 Dollars and Ten Cents $ 165.10 $ 396,240.00 (HPPP) Pipe for Stormwater c. 18" HPPP Pipe 26 High Performance Polypropylene LF One Hundred Eighty -Six 150 Dollars and Forty -Four $ 186.44 $ 27,966.00 (HPPP) Pipe for Stormwater Cents d. 24" HPPP Pipe 26 High Performance Polypropylene LF 155 Two Hundred Fourteen $ 214.92 $ 33,312.60 (HPPP) Pipe for Stormwater Dollars and Ninety -Two Cents e. 30" HPPP Pipe 26 High Performance Polypropylene LF 175Three Hundred Sixty -Five $ 365.24 $ 63,917.00 (HPPP) Pipe for Stormwater Dollars and Twenty -Four Cents f. 48" HPPP Pipe 27 18" HPPP w/ Exfiltration Trench LF Two Hundred Twenty- 390 Two Dollars and $ 222.20 $ 86,658.00 Twenty Cents Three Thousand Three 28 Connection to Existing Structure EA 4 Hundred Forty -Six $ 3,346.92 $ 13,387.68 Dollars and Ninety - Two Cents Page A-16 ADDENDUM N0. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT CITY. (in words) PRICE TOTAL PRICE 29 Connection to Existing Pipe EA 16Two Thousand Five Hundred $ 2,527.18 $ 40,434.88 Twenty -Seven Dollars and Eighteen Cents Two Thousand Four 30 Concrete Flume EA 12 Hundred Seventeen $ 2,417.59 $ 29,011.08 Dollars and Fifty -Nine Cents Fifteen Thousand 31 In -Line Check Valve EA 1 Eight Hundred Forty $ 15,840.98 $ 15,840.98 a. 12" In -Line Check Valve Dollars and Ninety - Eight Cents Eighteen Thousand 31 In -Line Check Valve EA 1 Ninety -Two Dollars and$ 18,092.65 $ 18,092.65 b. 15" In -Line Check Valve Sixty -Five Cents Twenty -Two Thousand 31 In -Line Check Valve EA 1 Three Hundred Eighty -Two$ 22, 382.13 $ 22, 382.13 c. 24" In -Line Check Valve Dollars and Thirteen Cents Seven Hundred Thirty 31 In -Line Check Valve EA 1 Dollars and Fifty -Four $ 730.54 $ 730.54 d. Relocate Existing 24" In -Line Cents Check Valve One Thousand Five 32 Manatee Grate EA 1 Hundred Dollars and $ 1,500.89 $ 1,500.89 a. 12" Manatee Grate Eighty -Nine Cents One Thousand Six 32 Manatee Grate EA 1 Hundred Ninety -Three $ 1,693.26 $ 1,693.26 b. 15" Manatee Grate Dollars and Twenty -Six Cents Seven Thousand Nine Hundred 33 48" Flap Gate EA 1 Twenty -Six $ 7,926.63 $ 7,926.63 Dollars and Sixty - Three Cents Five Thousand Four 34 Seawall Repair EA 3 Hundred Forty -Nine $ 5,449.96 $ 16,349.88 Dollars and Ninety -Six Cents Page A-17 ADDENDUM N0. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 35 Swale (Excavation/Sodding) LF 300 Eighteen Dollars and Eight 18.82 $ 5,646.00 Two Cents 36 Pump Station Modifications LS 1 Two Thousand Sixty -Eight $ 2,068.53 $ 2,068.53 Dollars and Fifty -Three Cents One Thousand One 37 Drainage Structure Weir EA 3 Hundred Five Dollars and $ 1,105.44 $ 3,316.32 Forty -Four Cents Seven Hundred 38 Pollution Retardant Baffle EA 8 Ninety -Two Dollars $ 792.20 $ 6,337.60 a. PRB for 12" - 24" HPPP Pipe and Twenty Cents Two Thousand One 38 Pollution Retardant Baffle EA 1 Hundred Ten Dollars $ 2,110.83 $ 2,110.83 b. PRB for 48" HPPP Pipe and Eighty -Three Cents 39 Abandon and Grout Existing 6" LF 3,835 Three Dollars and Ninety cents $ 3.90 $ 14,956.50 Water Main 40 Remove Existing 6" Asbestos LF 90 Twenty Dollars and $ 20.87 $ 1,878.30 Cement Water Main Eighty -Seven Cents One Thousand Three 41 Remove Existing Fire Hydrant EA 4 Hundred Twenty -Eight $ 1,328.15 $ 5,312.60 Assembly Dollars and Fifteen Cents 42 6" PVC C900 Water Main Pipe LF 2,715 Seventy -Two Dollars and $ 72.53 $ 196,918.95 (Open Cut) Fifty -Three Cents One Hundred One 43 6" PVC C900 Water Main Pipe LF 3,070 Dollars and Seventy- $ 101.71 $ 312,249.70 (Fusible) (Pipe Bursting) One Cents Page A-18 ADDENDUM N0.2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 44 Pit and Restoration EA 19 Nine Hundred Seventy-ThreDollars and Ninety -Three Cent s 73.93 $ 18,504.67 Seven Thousand Seventy- 45 Fire Hydrant Assembly EA 14 Seven Dollars and Forty- $ 7,077.45 $ 99,084.30 Five Cents 46 Gate Valve and Valve Box EA 42 Two Thousand Two Hundred Nineteen Dollars$ 2,219.50 $ 93,219.00 a. 6" Gate Valve and Valve Box and Fifty Cents 46 Gate Valve and Valve Box EA 1 Six Thousand Five $ 6,574.89 $ 6,574.89 Hundred Seventy -Four b. 12" Gate Valve and Valve Box Dollars and Eighty - Nine Cents Six Thousand Six 47 12" Butterfly Valve and Valve Box EA 1 Hundred Eighty -One $ 6,681.34 $ 6,681.34 Dollars and Thirty - Four Cents Six Thousand 48 Connect to Existing Water Main EA 2 One Hundred $ 6,118.40 $ 12,236.80 Eighteen Dollars and Forty Cents 49 2" Single Water Service EA 35 One Thousand Nine $ 1,932.47 $ 67,636.45 Hundred Thirty -Two (Short Side) Dollars and Forty -Seven Cents Two Thousand Four 50 2" Single Water Service EA 42 Hundred Twenty -Two $ 2,422.34 $ 101,738.28 (Long Side w/ Sleeve) Dollars and Thirty - a. 2" Single Water Service Four Cents (Long Side w/ Sleeve) Two Thousand Five 50 2" Single Water Service EA 3 Hundred Forty -Six $ 2,546.14 $ 7,638.42 (Long Side w/ Sleeve) Dollars and Fourteen b. 2" Single Water Service Cents (Long Side w/ Sleeve & Corporation Stop Valve Box) Two Hundred 51 Sample Point EA 9 Ninety -Seven $ 297.30 $ 2,675.70 Dollars and Thirty Cents Page A-19 ADDENDUM N0. 2 ITEM DESCRIPTION UNIT EST. UNIT PRICE UNIT EXTENDED TOTAL NO. QTY. (in words) PRICE PRICE 52 Fill and Flush Assembly EA 4 Four Hundred Forty -Two$ 442.70 $ 1,770.80 Dollars and Seventy Cents 53 Water Meter Relocation EA 1 Seven Hundred Thirty -Four Dollars and Fifty Cents $ 734.50 $ 734.50 a. Water Meter Relocation and Adjustments (Front Yard) Three Thousand Three Hundred Sixty- 53 Water Meter Relocation EA 14 Two Dollars and Sixty $ 3,362.65 $ 47,077.10 b. Water Meter Relocation -Five Cents (Rear -Yard to Front Yard) Seven Thousand Four 54 2" Air Release Valve with Manhole EA 1 Hundred Ninety -Three $ 7,493.03 $ 7,493.03 Dollars and Three Cents One Thousand Six 55 Plug Existing Water Main EA 1 Hundred Thirty -Five Dollars and Sixty- $ 1,635.68 $ 1,635.68 Eight Cents Seven Thousand Eight 56 12"x6" Tapping Sleeve EA 1 Hundred Eighty Dollars $ 7,880.35 $ 7,880.35 and Thirty -Five Cents Sixteen Thousand 57 Compact Ductile Iron Mechanical TON 3 Seven Hundred Ninety $ 16,790.58 $ 50,371.74 Dollars and Fifty -Eight Joint Fittings Cents 58 Low -Pressure Force Main LF 500 Twenty -Five Dollars an% 25.90 $ 12,950.00 Ninety Cents Adjustment a. 2" and below SCH 80 PVC 58 Low -Pressure Force Main LF 550 Thirty -Three Dollars and $ 33.15 $18,232.50 Adjustment Fifteen Cents b. 3" SDR-21 PVC 58 Low -Pressure Force Main LF 200 Seventy -Six Dollars $ 76.70 $15,340.00 Adjustment and Seventy Cents c. 4" C900 SDR-21 PVC Page A-20 I ADDENDUM NO.2 ITEM DESCRIPTION NO. 58 Low -Pressure Force Main Adjustment d. 4" Class 51 DIP (Green Stripe) 58 Low -Pressure Force Main Adjustment e. 6" Class 50 DIP (Green Stripe) PHASE 2 59 Pre -Construction Video Recording 60 NPDES Permit/Erosion Protection Measures 61 Dewatering 62 Maintenance of Traffic 63 Clearing and Grubbing 64 Remove and Dispose of Existing Pavement 65 Remove and Replace Existing Driveways a. Paver Brick 65 Remove and Replace Existing Driveways b. Concrete EST. UNIT PRICE UNIT EXTENDED UNIT QTY. (in words) PRICE TOTAL CE Ninety -Three Dollars and LF 350 Eleven Cents $ 93.11 $ 32,588.50 One Hundred Thirty-Eigh LF 300 Dollars and Forty -One 138.41 $ 41,523.00 Cents Two Thousand Four Hundred LS 1 Seventy -Seven Dollars anO 2,477.25 $ 2,477.25 Twenty -Five Cents LS 1 Seven Thousand Six Hundred Seventeen Dollar 7,617.55 $ 7,617.55 and Fifty -Five Cents Seventeen Thousand Three LS 1 Hundred Sixty -Three $ 17,363.61 $ 17,363.61 Dollars and Sixty -One Cents Seven Hundred Twenty - Four Thousand Nine LS 1 Hundred Thirty -Seven $ 724,937.83$ 724,937.83 Dollars and Eighty - Three Cents SY 6,278 Three Dollars and Fifty $ 3.59 $ 22,538.02 -Nine Cents Twenty -Seven Dollars SY 14,718 and Sixty -Eight Cents $ 27.68 $ 407,394.24 SY SY 1,230 Ten Dollars $ 10.00 $ 12,300.00 One Hundred Forty- 50 Six Dollars and $ 146.27 $ 7,313.50 Twenty -Seven Cents Page A-21 ADDENDUM NO. 2 ITEM NO. DESCRIPTION 65 Remove and Replace Existing Driveways c. Asphalt 65 Remove and Replace Existing Driveways d. Gravel 65 Remove and Replace Existing Driveways e. Specialty (Exotic Materials/ Decorative Concrete/Asphalt) 66 2.5" Asphalt Pavement 67 Optional Base Group 7 (LBR 100) 68 Type B Stabilized Subgrade (LBR 40) 69 Concrete Valley Gutter and Curb a. Concrete Valley Gutter 69 Concrete Valley Gutter and Curb b. Type D Curb 69 Concrete Valley Gutter and Curb c. Header Curb 70 Site Grading EST. UNIT PRICE UNIT EXTENDED UNIT QTY. (in words) PRICE TOTAL CE One Hundred SY 240 Twenty -Three $ 123.33 $ 29,599.20 Dollars and Thirty -Three Cents SY 130 Fifty -Five Dollars and Thre $ 55.03 $ 7,153.90 Cents Two Hundred Forty -Six SY 50 Dollars and Twenty -Seven $ 246.27 $ 12,313.50 Cents One Hundred Fifty - TON 1,558 Three Dollars and $ 153.99 $ 239,916.42 Ninety -Nine Cents SY 11,543 Fifty -One Dollars and $ 51.23 $ 591,347.89 Twenty -Three Cents SY 15,359 Twenty -One Dollars and $ 21.42 $ 328,989.78 Forty -Two Cents Forty -One Dollars and LF 13,600 One Cent $ 41.01 $ 557,736.00 LF 110 Fifty -One Dollars and $ 51.81 $ 5,699.10 Eighty -One Cents LF 1,020 Fifty -Five Dollars and $ 55.71 $ 6,128.10 Seventy -One Cents SY 3,433 Eight Dollars and Forty- $ 8.44 $ 28,974.52 Four Cents Page A-22 ADDENDUM NO. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 71 Sodding SY 3,433 Three Dollars and Twelve $ 3.12 $ 10,710.96 Cents Eight Thousand 72 Pavement Markings LS 1 One HundredTwenty-Five$ 8,125.39 $ 8,125.39 Dollars and Thirty -Nine Cents 73 Remove or Abandon Existing LF 205 Fourteen Dollars and $ 14.48 $ 2,968.40 Drainage Pipe Forty -Eight Cents a. Remove 6" Pipe Fourteen Dollars 73 Remove or Abandon Existing LF 185 and Forty -Eight $ 14.48 $ 2,678.80 Drainage Pipe Cents b. Remove 12" Pipe 73 Remove or Abandon Existing LF 290 Nineteen Dollars and $ 19.86 $ 5,759.40 Drainage Pipe Eighty -Six Cents c. Remove 15" Pipe Twenty -One Dollars $ $ 73 Remove or Abandon Existing LF 180 and Five Cents 21.05 3,789.00 Drainage Pipe d. Remove 18" Pipe 73 Remove or Abandon Existing LF 330 Twenty -Three Dollars and $ 23.69 $ 7,817.70 Drainage Pipe Sixty -Nine Cents e. Remove 24" Pipe 73 Remove or Abandon Existing LF 30 Twenty -Eight Dollars and F' t y28.59 $ 857.70 -Nine Cents Drainage Pipe f. Remove 24" RCP Pipe 73 Remove or Abandon Existing LF 140 Twenty -Eight Dollars and$ 28.59 $ 4,002.60 Drainage Pipe Fifty -Nine Cents g. Abandon 15" Pipe One Thousand One 74 Remove Existing Drainage EA 24 Hundred Eighty -Nine $ 1,189.31 $ 28,543.44 Structure Dollars and Thirty -One Cents Page A-23 ADDENDUM N0. 2 ITEM DESCRIPTION UNIT EST. UNIT PRICE UNIT EXTENDED TOTAL NO. QTY. (in words) PRICE PRICE 75 Drainage Manhole/Inlet EA Five Thousand Eight Hundr e 14 Ninety -Four Dollars and Fifty 5,894.52 $ 82,523.28 a. Type C Valley Gutter Inlet Two Cents Six Thousand Eight 75 Drainage Manhole/Inlet EA 6 Hundred Six Dollars and $ 6,806.65 $ 40,839.90 b. Type E Valley Gutter Inlet sixty -Five Cents Six Thousand Four Hundred $ $ 75 Drainage Manhole/Inlet EA 5 Seventy -Five Dollars and 6,475.77 32,378.85 c. Type C Ditch Bottom Inlet w/ Seventy -Seven Cents Concrete Apron Seven Thousand Five 75 Drainage Manhole/Inlet EA 1 Hundred Seventy -Nine $ 7,579.72 $ 7,579.72 Dollars and Seventy -Two e E Ditch Bottom Inlet w/ d. Type Cents Concrete Apron 75 Drainage Manhole/Inlet EA 3 Six Thousand Forty- $ 6,043.96 $ 18,131.88 e. Type C Inlet w/ Frame and Grate Three Dollars and Ninety - Six Cents 75 Drainage Manhole/Inlet EA Seven Thousand Three 1 Hundred Seventy -Two Dollar 7,372.66 $ 7,372.66 f. Type E Inlet w/ Frame and Grate and Sixty-six Cents 75 Drainage Manhole/Inlet EA Six Thousand Five 3 Hundred Eighty -Five $ 6,585.05 $ 19,755.15 g. 4' Diameter Type J Bottom Valley Dollars and Five Cents Gutter Inlet 75 Drainage Manhole/Inlet EA Seven Thousand 1 Ninety -Three Dollars $ 7,093.39 $ 7,093.39 In. 4' Diameter Manhole and Thirty -Nine Cents 75 Drainage Manhole/Inlet EA Seven Thousand Five 1 Hundred Fifteen Dollars$ 7,515.39 $ 7,515.39 i. 5' Diameter Manhole and Thirty -Nine Cents One 76 Drainage Structure Weir EA 1 ThousandSixty-One$ 1,061.16 $ 1,061.16 Dollars and Sixteen Cents Page A-24 ADDENDUM NO.2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 77 High Performance Polypropylene LF 10 One Hundred Thirty Dollars$ 130.28 $ 1,302.80 Pipe for Stormwater and Twenty -Eight Cents a. 12" HPPP Pipe One Hundred Twenty- 77 High Performance Polypropylene LF 180 Nine Dollars and Six $ 129.06 $ 23,230.80 Pipe for Stormwater Cents b. 15" HPPP Pipe One Hundred Thirty- 77 High Performance Polypropylene LF 465 Three Dollars and Fifty$ 133.51 $ 62,082.15 Pipe for Stormwater One Cents c. 18" HPPP Pipe One Hundred Fifty -Four 77 High Performance Polypropylene LF 685 Dollars and Eighty $ 154.80 $ 106,038.00 Pipe for Stormwater Cents d. 24" HPPP Pipe 77 High Performance Polypropylene LF 140 Two Hundred Eight Dolla� 208.68 $ 29,215.20 Pipe for Stormwater and Sixty -Eight Cents e. 30" HPPP Pipe 78 18" HPPP w/ Exfiltration Trench LF 675 Two Hundred Six Dollars a$d 206.61 $ 139,461.75 Sixty -One Cents 79 Connection to Existing Structure EA 4 Three Thousand Three $ 3,346.92 Hundred Forty -Six Dollars $ 13,387.68 and Ninety -Two Cents Two Thousand Five 80 Connection to Existing Pipe EA 5 Hundred Twenty-Seven $ 2,527.18 $ 12,635.90 Dollarsand Eighteen Cents Two Thousand Seven 81 Concrete Flume EA 16 Hundred Twelve Dollars %nd2 712.77 $ 43,404.32 Seventy -Seven Cents Eighteen Dollars and 82 Swale (Excavation/Sodding) SY 1,100 Eighty -Two Cents $ 18.82 $ 20,702.00 Page A-25 ADDENDUM N0. 2 ITEM DESCRIPTION UNIT NO. 83 Abandon and Grout Existing LF Water Main b. Abandon and Grout Existing 6" Water Main 84 Remove Existing Asbestos Cement LF Water Main a. Remove Existing 4" Asbestos Cement Water Main 84 Remove Existing Asbestos Cement LF Water Main b. Remove Existing 6" Asbestos Cement Water Main 85 Remove Existing Fire Hydrant EA Assembly 86 PVC C900 Water Main Pipe LF (Open Cut) a. 4" PVC C900 86 PVC C900 Water Main Pipe LF (Open Cut) b. 6" PVC C900 86 PVC C900 Water Main Pipe LF (Open Cut) c. 12" PVC C900 87 6" PVC C900 Water Main Pipe LF (Fusible) (Pipe Bursting) 88 Pit and Restoration EA 89 Fire Hydrant Assembly EA EST. UNIT PRICE UNIT EXTENDED QTY. (in words) PRICE TOTAL PRICE 1,915 Three Dollars and For$Y- 3.44 $ 6,587.60 Four Cents Nineteen Dollars 415 and Fifty -Three $ 19.53 $ 8,104.95 Cents 50 Nineteen Dollars and $ 19.48 $ 974.00 Forty -Eight Cents One Thousand Two 6 Hundred Sixty -Nine Dollars$ 1,269.28 $ 7,615.68 and Twenty -Eight Cents Eighty -Eight Dollars 20 and Seventy -One $ 88.71 $ 1,774.20 Cents 4,090 Sixty -Eight Dollars $ 68.76 $ 281,228.40 and Seventy -Six Cents Ninety -Three Dollars and 45 Twenty -Six Cents $ 93.26 $ 4,196.70 One Hundred Seven 1,330 Dollars and Forty -Five $ 107.45 $ 142,908.50 Cents One Thousand Two 9 Hundred Ninety -Eight $ 1,298.58 $ 11,687.22 Dollars and Fifty -Eight Cents Seven Thousand 12 Sixty -Eight Dollars $ 7,068.78 $ 84,825.36 and Seventy -Eight Cents Page A-26 ADDENDUM N0. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 90 Gate Valve and Valve Box EA 34 Two Thousand Two $ 2202.22 $ 74,875.48 a. 6" Gate Valve and Valve Box Hundred Two Dollars and Twenty -Two Cents Five Thousand Nine 90 Gate Valve and Valve Box EA 1 Hundred Eighty Dollars $ 5,980.66 $ 5,980.66 b. 10" Gate Valve and Valve Box and Sixty -Six Cents 91 Connect to Existing Water Main EA 7 Six Thousand Seven 6,795.53 $ 47,568.71 Hundred Ninety -Five Dollar and Fifty -Three Cents 92 2" Single Water Service EA 36 Seven Thousand FourteeDollars 7,014.02 $ 252,504.72 and Two Cents (Short Side) Two Thousand Two 93 2" Single Water Service EA 17 Hundred Ninety -Six $ 2,296.11 $ 39,033.87 (Long Side w/ Sleeve) Dollars and Eleven Cents Two Hundred Five 94 Sample Point EA 14 Dollars and Twenty- $ 205.28 $ 2,873.92 Eight Cents Seven Hundred Eight $ $ 95 Fill and Flush AssemblyEA 5 Dollars and Thirty -Two 708.32 3,541.60 Cents 96 Water Meter Relocation EA 1 Seven Hundred Thirty- $ 734.50 $ 734.50 Four Dollars and Fifty a. Water Meter Relocation and Cents Adjustments (Front Yard) Three Thousand Three 96 Water Meter Relocation EA 13 Hundred Sixty -Two $ 3,362.65 $ 43,714.45 b. Water Meter Relocation Dollars and Sixty -Five (Rear -Yard to Front Yard) Cents Three Thousand Two 97 2" Air Relief Valve with Manhole EA 8 Hundred SeventyDollars $ 3,270.29 $ 26,162.32 and Twenty- Nine Cents Page A-27 ADDENDUM N0. 2 ITEM DESCRIPTION NO. 98 Plug Existing Water Main 99 12"x10" Tapping Sleeve 100 Compact Ductile Iron Mechanical Joint Fittings Low -Pressure Force Main 101 Adjustment a. 2" and below SCH 80 PVC Low -Pressure Force Main 101 Adjustment b. 3" SDR-21 PVC Low -Pressure Force Main 101 Adjustment c. 4" C900 SDR-21 PVC Low -Pressure Force Main 101 Adjustment d. 4" Class 51 DIP (Green Stripe) EST. UNIT PRICE UNIT EXTENDED UNIT QTY. (in words) PRICE TOTAL CE EA 2 One Thousand Six $ 1,603.53 $ 3,207.06 Hundred Three Dollars and Fifty -Three Cents Ten Thousand Five EA 1 Hundred Seventy -Two $ 10,572.77 $ 10,572.77 Dollars and Seventy - Seven Cents Sixteen Thousand TON 3 Five Hundred Forty $ 16,540.75 $ 49,622.25 Dollars and Seventy -Five Cents Low -Pressure Force Main 101 Adjustment LF e. 6" Class 50 DIP (Green Stripe) ALLOWANCES 102 Relocation of Unforeseen Existing Utilities LF LF LF LF 200 Twenty -Eight Dollars aO 28.88 $ 5,776.00 Eighty -Eight Cents 300 Sixty -Four Dollars $ 64.40 $ 19,320.00 and Forty Cents Sixty Dollars and Three 60.03 $ 12,006.00 200 Cents Ninety -Three Dollars $ 93.09 $ 18,618.00 200 and Nine Cents One Hundred Thirty- Eight Eight Dollars and $ 138.41 $ 41,523.00 Forty -One Cents Seventy -Five $75,000.00 $75,000.00 LS 1 Thousand Dollars No Cents Page A-28 ADDENDUM N0. 2 ITEM EST. UNIT PRICE UNIT EXTENDED NO. DESCRIPTION UNIT QTY. (in words) PRICE TOTAL PRICE 103 Repair/Relocation of Unforeseen LS 1 Thirty Thousand $30,000.00 $30,000.00 Existing Irrigation Systems Dollars No Cents 104 Investigation and Remediation of LS 1 Ten Thousand $10,000.00 $10,000.00 Pavement Failure on Sea Road Dollars No Cents 105 Permits LS 1 Ten Thousand $10,000.00 $10,000.00 Dollars No Cents TOTAL COST OF BASE BID $ 12,936,320.72 BID ITEMS 1 — 105 (in numbers) TOTAL COST OF BASE BID Twelve Million Nine Hundred Thirty -Six Thousand Three Hundred Twenty Dollars and BID ITEMS 1 — 105 (in words) Seventy-Twq 4Zpnts ALL BIDS MUST BE SIGNED WITH THE VENDOR NAME AND BY AN OFFICER OR EMPLOYEE HAVING THE AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE. PUBLIC ENTITY CRIMES FORM ATTACHED? YES XXX NO NON -COLLUSION AFFIDAVIT ENCLOSED? YES XXX NO HAVE YOUR INSURANCE REPRESENTATIVE REVIEW THE SAMPLE INSURANCE CERTIFICATE TO ENSURE COMPLIANCE. Page A-29 I ADDENDUM N0. 2 BIDDER'S GENERAL INFORMATION: The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete Item Nos. 1 - 10 will cause the bid to be non -responsive and may cause its rejection. In any event, no award will be made until all of the Bidder's General Information (i.e., items I through 10 inclusive) is delivered to the OWNER. (1) CONTRACTOR'S name and address: Roadway Construction, LLC 12391 SW 130 Street Miami FL 33186 (2) CONTRACTOR'S telephone number: 786-842-3952 (3) CONTRACTOR'S license: Primary classification General Contractor State License Number CGC1521202 classifications held, if any: Under Ground Utilities Name of Licensee, if different from (1) above: (4) Name of person who inspected site of proposed WORK for your firm: Name: Silvio Rubi Date of Inspection: 09/15/2023 Supplemental (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: See Attached (6) ATTACHED TO THIS BID the experience resume of the person who will be designated chief construction superintendent or on site construction manager. See Attached (7) ATTACHED TO THIS BID a financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of CONTRACTOR'S current financial condition. See Attached Page A-30 (8) List 5 projects completed in last 5 years in United States involving work of similar type and complexity: PROJECT NAME CONTRACT PRICE NAME, ADDRESS AND TELEPHONE NUMBER OF OWNER See Attched List (9) Subcontractors: The Bidder further proposes that as part of their submittal attached is a list of subcontracting firms or businesses will be awarded subcontracts for portions of the work in the event the bidder is awarded the Contract. (10) Submit name and address of Pre -Chlorinated Pipe Bursting Contractor: TBD (10A) ATTACHED TO THIS BID the experience resume of the person who will be designated chief Construction Superintendent for Pre -Chlorinated Pipe Bursting work. Page A-31 (1013) List 5 pre -chlorinated pipe burst type projects completed in the last 5 years in South Florida involving work of similar type and complexity: PROJECT NAME CONTRACT PRICE NAME, ADDRESS AND TELEPHONE NUMBER OF OWNER TBD Page A-32 ROADCON-02 STWIGGS ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/4/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Collinsworth, Alter, Fowler & French, LLC 15050 NW 79th Court Suite 200 Miami Lakes, FL 33016 CONTACT NAME: (ac No, EX1): (305 822-7800 FAx ) (FAX No):(305) 362-2443 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA:Valley Forge Insurance Company 20508 INSURED INSURER B : Continental Casualty Company INSURER C : Continental Insurance Company 35289 Roadway Construction, LLC INSURER D : 12391 SW 130th St Miami, FL 33186 INSURER E INSURER F : rrnv=oecl=c CERTIFICATE NUMBER: REVISION NUMBER: v THIS IS TOCERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS -MADE ® OCCUR 7012018549 4/3/2023 4/3/2024 DAMAGE TO RENTED PREMISES Ea occurtence 100,000 $ MED EXP (Any oneperson) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE� LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY EOMBINEn SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) X ANY AUTO 7012018535 4/3/2023 4/3/2024 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Pe�accRdent AMAGE - $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS -MADE 7012018518 4/3/2023 4/3/2024 AGGREGATE $ 4,000,000 DED X I RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY 7012018521 4/3/2023 4/3/2024 X PTAT TE OERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE 1,000,000 DXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A E.L. DISEASE - POLICY LIMIT 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Equipment Floater 7012018549 4/3/2023 4/3/2024 Leased/Rented 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ****SAMPLE CERTIFICATE OF INSURANCE**** FOR BID PURPOSES ONLY TOWN OF GULF STREAM 100 SEA ROAD GULF STREAM, FL 33483 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPURA I IUN. All rights reserved. The ACORD name and logo are registered marks of ACORD Thomas A Weeks Jr., P.P. Sr. Project Manager OVERVIEW: Mr. Thomas Weeks Jr. has a Bachelor of Science Degree in Civil Engineering (2007) from University of Florida. He is currently a Senior Manager for Roadway Construction, LLC., where he serves as the Senior Project Manager. He previously served as a Manager at Community Asphalt Corp and as a Senior Project Manager at Halley Engineering Contractors, Inc. His project experience includes all areas of highway construction to include paving, earthwork, drainage, bridges, lighting, signalization, and ITS. Thomas' project management experience totals over $150 million. He is a registered Professional Engineer in the State of Florida. EMPLOYMENT HISTORY: Roadway Construction, LLC Sr. Project Manager Halley Engineering Contractors, Inc. Sr. Project Manager Community Asphalt Corp. Project Manager EDUCATION: University of Florida, Bachelor of Science Degree, Major: Civil Engineering 2007 Registration Professional Engineer: State of Florida, P.E. License Number 75491 CERTIFICATES: September 2018 — Present Miami, Florida July 2015 — August 2018 Miami, Florida January 2008 to June 2015 Miami, Florida • CTQP - Quality Control Manager • Troxler- Nuclear Gauge Safety Training • ATSSA- Advanced Worksite Traffic Supervisor • NPDES- Stormwater, Erosion and Sedimentation Control Inspector • Primavera Scheduling • OSHA 30 Hours PROMINENT PROJECT EXPERIENCE: Design Build Project Experience M.D.X. Project No. 11211.030; Design Build: Central Boulevard Widening Realignment and Service Loop; This project highlights are to reduce congestion and improve alignment, separate commercial and passenger traffic with new service roads to accommodate commercial traffic. Improvements under this project consists of new bridges, MSE walls, roadway reconstruction, drainage, signing and pavement markings, lighting, signalization, ITS and landscaping. Prime $48M 6/2010 - 7/2015. Other Project Experience City of Florida City Project: SW 344 Street between US-1 and SW 172nd Avenue. The project consists of reconstructing -regrading SW 344 Street from US-1 to SW 172nd Avenue. The reconstruction will include widening, repaving, constructing curb and gutter, full enclosure of the Florida City Canal via a culvert placement, miscellaneous drainage improvements, signalization, roadway lighting, signage, pavement markings and water & sewer / utilities adjustments and construction, as required. Prime, $6.4 M; 5/2019 —12/2020. FDOT Project No. 431170-3-52-01, etc.: SR 94 (SW 88 St) (N Kendall Dr) From SW 79TH AVE To SR 5 (US 1) (S DIXIE HWY). The improvements under this contract consist of Intersection improvements and resurfacing along SR 94 (SW 88 St.) (Kendall Dr.). Prime $3.1 M; 1/2019 — 3/2020. FDOT Project No. 430813-1-52-01, etc.: SR A1A. This project consists of milling & resurfacing along State Road A1A / Indian Creek Drive from Abbott Avenue to State Road 907 / West 63rd Street. Prime $1.1 M; 5/2019 - 11/2019. FDOT Project No. 429569-4-52-01, etc.: SR 817 (University Drive) The improvements under this contract consist of median reconfiguration, widening, milling and resurfacing, drainage improvements, concrete curb and gutter, concrete sidewalk and driveways, guardrail, patterned pavement, pavers, signing and pavement markings including detectable warnings and bike lane, deep well cleaning, utilities adjustments, bus shelters and amenities (relocated), monitoring existing structures, signalization with pedestrian detection, lighting, lighting retrofit, and tree relocations along SR 817 (University Dr.). Prime $7.0 M; 6/2019 — 2/2021. FDOT Project No. 430817-3-52-01, etc.: SR 7 (US 441) (NW 71h AVE). The improvements under this contract consist of drainage improvements, signalization, lighting, green bike lane, concrete medians and milling and resurfacing along SR 7 (US 441) (NW 7th Ave.). Prime $ 9.7 M; 6/2020 - 8/2021 FDOT Project No. 441974-1-52-01: SR4A/SR5/US-1/Overseas HWY. This project consists of improvements along SR 4A/SR 5/US-1/Overseas Highway at Burton Drive Intersection in Monroe County. Prime $ 1.1 M; 7/2021- 3/2022 City of Miami Springs Project: South Royal Poinciana. This project consists of improvements along South Royal Poinciana such as new concrete median, landscaping, drainage improvements, green bike lane and milling and resurfacing. Prime $1.5 M; 3/2023 — Present FDOT Project No. 432748-4-52-01, etc.: SR 933 (NW 12" AVE) from S of NW 201h Street to N of NW 29th Street and at NW 19th Street. The improvements under this contract consist of Resurfacing -Ride only, intersection improvements, and Pedestrian Safety Improvements along SR 933 (NW 12 Ave.). Prime $2.2 M; 12/2022 — 7/2023 FDOT Project No. 249615-7-52-01, etc.: SR-997 (Krome) From MP 5.122 to MP 8.151 Project involves the building of a separated 4 lane corridor out on Krome Ave out on Miami -Dade County's western limits. Prime, $18.9 M; 7/2015 — 7/2016 FDOT Project No. 249615-5-52-01.: SR-997 (Krome) From MP 10.935 to MP 14.184 (Okeechobee Road) Project consists of Add lanes and Reconstruction along SR-997/Krome Avenue. Prime, $18.9 M; 4/2016 — 2/2017 MDAD Project No. H02413-3; Miami International Airport: MIA Runway 12-30 Pavement Rehabilitation Project. Project included pavement resurfacing, pavement reconstruction, airfield -lighting system, pavement grade adjustments, replacement of runway threshold and medium -intensity approach lighting system with runway alignment indicator lights navigational aid, pavement grooving, and markings. It also included construction of an air cargo aircraft parking apron and a taxilane to connect to Taxiway S. Prime $46.4M 11/2013-7/2015 FDOT Project No. 419602-1-52-01 & 419602-3-52-01 HEFT Resurfacing in Miami -Dade and Broward County - MP 38.7 to MP 44.2 Project consisted of milling and resurfacing, cross slope correction, bridge approach slab replacement on the high volume HEFT. Contract also includes signing and pavement markings and guardrail. $3M Prime 1/2010-6/2010 FDOT Project No. 413837-1-52-01; SR 823 (Red Road), from the Miami-Dade/Broward Co. Line to south of Pembroke Road, City of Miramar — Project consisted of milling and resurfacing a six lane arterial roadway, providing additional turn lanes, and intersection improvements. Contract includes storm water retention ditches, drainage structures, concrete sidewalks, signing and pavement markings, signals, lighting and landscaping. Prime $4.2 M 2/2008-2/2009 FDOT Project No. 227708-1-52-01 County Road No. 818 (Griffin Road)- Project consisted of milling and resurfacing, widening, sidewalk construction and construction of the bridge of the C-11 Canal. Contract also includes signing and pavements marking, signalization, lighting and landscape. $16M Prime 1/2008 - 3/2010 Hanel Rubi General Superintendent OVERVIEW: Hanzel has over 17 years of experience in the engineering/construction field, as an inspector and Superintendent: • As an Inspector, he was involved with water & sewer systems, lift stations, construction and rehabilitation, parks, drainage systems and roadways (widening and new). Inspect materials for identification as conforming to specifications and plans. Inspect all phases of construction of public works and private development projects. Inspect various structures such as utilities, streets, sidewalks, gutters, curb, drainage, sewer, water and other off -site construction; check line, grade, size, elevation and location of structures for conformity with specifications and regulations. Record amounts of materials used and work performed; prepare necessary reports for progress payments. Help locate other utility structures ahead of work sites. Coordinate work with other City departments and utilities. Determined quantity of work performed for contractor's payments. Checked to determine if barricades, lights, and flagmen are properly utilized at construction sites. Assumed personal responsibility for ensuring that duties are performed in a safe, efficient manner. Performed other related duties as assigned. Responsible for the daily inspection and testing. General oversight of earthwork placement and testing, subgrade and base inspection and testing. Maintained an inspector's diary and prepared written reports. Worked with the City of Weston and Parkland as Engineering and Zoning Inspector. • As an Superintendent, he is involved with the Scheduling of subcontractors, consultants, and vendors in critical path to ensure timely completion. Perform quality control duties and responsibilities regarding the work being performed. Communicate with project team regarding RFI's and Material Submittals. Ensure that subcontractors are fully executing and complying with his contracted scope of work. Coordinate required inspections with local jurisdictions. Identify conflicts in construction progress and communicate them to project team for resolution. Maintain daily log (written) of activities on the jobsite. Perform Superintendent duties at multiple job sites, simultaneously. Walk all units on project daily to monitor activities and assist in future planning. Preside over weekly meetings designed to coordinate the work. Attend pre -construction and weekly meetings with consultants and the City. Ensure that the job site is always kept in a clean and organized manner. Perform job progress and completion punch list identification and completion. EMPLOYMENT HISTORY: Roadway Construction, LLC General Superintendent Calvin, Giordano & Associates, Inc. Inspector Page 1 of 3 CERTIFICATES: CTQP Asphalt Paving Technician Earthwork Construction Inspection Nuclear Safety Certification Florida Stormwater Management Inspection Certified FEMA Emergency Management NIMS Certified Advanced MOT PROMINENT PROJECT EXPERIENCE: Krome Ave — FDOT from MP 10.935 to MP 14.032: The work consisted of 10,000 LF of Drainage Pipe Culvert, control structures and end walls City of Doral — NW 54 St from NW 87 Ave to NW 79 Ave: The work consists of new sewer lines, drainage, watermain, complete reconstruction of roadway, lights, landscape, asphalt and striping NW 87 Ave From NW 74 St. to NW 103 St. — FDOT: The work consists of 13,000' of drainage Pipe Culvert (18", 24", 30" and 36") and 15,000' of watermain (8", 12", 16" and 36") 826/ 836-MDX: The work consists of 84" Pipe Culvert installation Town of Davie — SW 61 Ave and SW 48 Ct: The work consisted of 700' of 6" watermain, fire hydrants, water services, striping and asphalt overlay MDWASD — SW 157 Ave. from SW 36 Terr to SW 32 Terr: The work consisted of installing 1343 LF of 30" watermain, curb, striping, milling and resurfacing MDWASD — Banos Court from Riviera Dr. to University Dr: The work consisted of installing 2200 LF of 8" watermain, fire hydrants, water services, sidewalk, milling, asphalt and striping Drainage Improvements Project Multiple Sites - Miami -Dade County SW 152 Ave from SW 60 Ter to SW 64 St SW 58 St from SW 152 Ave to SW 148 PL SW 165 Ave and SW 88 St SW 82 St from SW 73rd Ave to SW 76th Ave SW 38 Ct form SW 62 Ct to SW 63 Ave: The work consisted of drainage, sidewalks and ramps, milling, asphalt and striping Krome Ave — FDOT from MP 5.121 to MP 8.151: The work consisted of 7,000 LF of Drainage & 72" culvert installation Page 2 of 3 Publix Super Market at Fifth Avenue Shops: The work consisted of new watermain, drainage, sewer, parking lot, signage, asphalt and striping Sunny Isles Beach — Newport Fishing Pier: Inspection on drainage, sewer, watermain, sidewalk, paver crosswalks, signage, pavement markings, landscape, milling & resurfacing Town of Surfside Seawall Replacement: Inspection of removing and installing new seawalls and piles Miami Beach Neighborhood Improvements 715t to 81st Tatum Waterways: Inspection on sidewalk, handicap ramps, paver crosswalks, signage, pavement markings, landscape, milling & resurfacing Miami Beach Neighborhood Improvements 71'to Abbott on Indian Creek: Inspection on sidewalk, handicap ramps, curbs, paver crosswalks, signage, pavement markings, milling & resurfacing Miami Beach Neighborhood Improvements 81'to 87st Byron: Inspection on sidewalk, handicap ramps, paver crosswalks, signage, pavement markings, milling & resurfacing Miami Beach Watermain Improvements for Carlyle, Bonita North and South: Inspection on sidewalk, watermain, signage, pavement markings, milling & resurfacing Miami Beach 4600 Block Beachwalk/Boardwalk: Inspection on paver walkways, demo existing boardwalk, curb, landscape, irrigation, electrical and lights Bay Harbor Kane Concourse Improvements: Inspection on paver walkways, handicap ramps, curb, landscape and irrigation Sunny Isles 172st Roadway Improvements: Inspection on Sidewalks, handicap ramps, drainage, irrigation, electrical, subgrade, new road, asphalt, curb and gutter FPL Lawrence Station upgrades: Inspector on drainage, landscape, irrigation and asphalt Homestead School K-8: Inspection on Sidewalks, handicap ramps, drainage, sewer, lift station, irrigation, electrical, lights, subgrade, new road, new parking lot, asphalt, signage, pavement markings, curb and gutter Page 3 of 3 12391 SW 1301h Street Miami, FL 33186 Ph: (786) 842-3952 Fax: (786) 732-6431 CGC 1521202 1 CUC 1225013 October 12, 2023 TOWN OF GULF STREAM OFFICE OF THE TOWN MANAGER 100 SEA ROAD GULF STREAM, FL 33483 RE: Financial Statement To Whom It May Concern, Any public inspection of our audited financial statements may or can provide an opportunity to obtain an advantage to those who do not know or use them. Under F.S. 812.081(1)(c), such statements are deemed a trade secret and cannot be provided at this time during bid submittal. 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WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule of the OWNER'S Contract Documents entitled: Town of Gulf Stream Core Area Neighborhood Improvements NOW THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of the agreement bound with said Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said OWNER and OWNER prevails, said Surety shall pay all costs incurred by said OWNER in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 0 (S LLC AND NOTARIAL ACKN 12th day of October , 2023 ONSTFR�' NGM Insurance Company (SEAL) COMPANY�':? (Surety) 2012 FL0R\�r Ian A. Nipper, Attorney -In- act NOF SURETY) REFERENCE SHEET Page A-33 STREET � POWER OF ATTORNEY iFvsted AMERICA cl,olce® INSURANCE I KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint Jarrett Merlucci, Charles D. Nielson, Joseph P. Nielson, David R. Hoover, Charles J. Nielson, Ian A Nipper, Brett Rosenhaus--------------------------------------------------------------------------------------------- its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Ten Million Dollars ($10,000,000) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Assistant Secretary and its corporate seal to be hereto affixed this 24th day of August, 2023. NGM INSURANCE COMPANY By: a lNµilullllll/I//�i RI`'"�"`��'°y Lauren K. Powell Assistant Secretary State of Wisconsin, County of Dane. On this 24th day of August, 2023, before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane duly commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Madison, Wisconsin this 24th day of August, 2023. e0C►�",�r A off 3 OF 0 I, Andrew Rose, Vice President of NGM Insurance Company, do tiereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Madison, Wisconsin this 12th day of October , 2023 Andrew Rose, Vice President WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1437. In order to receive Bid Award consideration on the proposed bid, it is a mandatory requirement that the following "Information Sheet" must be completed and returned with your bid. This information may be used in determining the Bid Award for this contract. BIDDER (COMPANY NAME): Roadway Construction, LLC ADDRESS: 12391 SW 130 Street, Miami, FL 33186 TELEPHONE NO: 786-842-3952 CONTACT PERSON: Silvio Rubi TITLE President NUMBER OF YEARS IN BUSINESS 12 ADDRESS OF NEAREST FACILITY 12391 SW 130 Street, Miami, FL 33186 LIST THREE (3) GOVERNMENTAL AGENCIES WHERE THESE SERVICES HAVE BEEN PROVIDED IN THE LAST FIVE YEARS. 1. Company Name: Miami -Dade county Address: Phone: 305-310-7920 Contact Person: Juan Canizares Title: PM 2. Company Name: FDOT Address: Phone: 305-401-1560 Contact Person: Dru Badri Title: PM 3. Company Name: city of Florida city Address: Phone: 305-301-1081 Contact Person: Sergio Beasu Title: PM BID DESCRIPTION: Town of Gulf Stream Core Area Neighborhood Improvements — BID NO. 2023-100 Page A-34 TOWN OF GULF STREAM NON -COLLUSION AFFIDAVIT This affidavit is to be filled in and executed by the bidder, if the bid is made by a Corporation, then by its Chief Officer. This document must be submitted with the bid. STATE OF Florida COUNTY OF Miami -Dade being first duly sworn, deposes and says that residing at12391 SW 130 Street, Miami, FL 3318and residing at and Silvio Rubi residing at (is/are) the only person(s) with (him/them) in the delivery of the materials bid upon or the services performed under these specifications; that the said bid is made without any connection or common interest in the profits with any other work; that the said contract is on (his/their) and also that no head of any department Gulf Stream is directly or indirectly intereE BIDDER'S AUTHORIZED SIGNATURE Subscribed and sworn to before me t sons making any bid or proposal for the said i all respects fair and without collusion or fraud; employee therein; or any officer of the Town of erein. day of October 2023 BID DESCRIPTION: Town of Gulf Stream Core Area Neighborhood Improvements — BID NO. 2023-100 DRUG -FREE WORKPLACE PROGRAM FORM Page A-35 In accordance with Section 287.087, State of Florida Statutes, preference shall be given to businesses with Drug -free Workplace Programs. Whenever two or more bids which are equal with respect to price, quality and service are received for the procurement of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug - free Workplace Program shall be given preference in the award process. In the event that none of the tied vendors have a Drug -free Workplace program in effect the Town reserves the right to make final Decisions in the Town's best interest. In order to have a Drug -free Workplace Program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States of any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation. �`. i If bidder's company has a Dr g;ee Workplace Program, so certify below: AS THE PERSON AUTHORIgED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH ABOVE REQUIREMENTS. SIGNATURE OF BIDDER: DATE: 10/12/2023 BID DESCRIPTION: Tovbn of Gulf Stream Core Area Neighborhood Improvements — BID NO. 202�-100 Page A-36 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, CONTRACTOR, and as Surety, are held and firmly bound unto the hereinafter called "OWNER" TOWN OF GULF STREAM, FLORIDA in the sum of dollars, lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled: Town of Gulf Stream Core Area Neighborhood Improvements - BID NO. 2023-100 NOW, THEREFORE, if the said CONTRACTOR shall fully and faithfully perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED and SEALED, this day of 2023. (CONTRACTOR) BY: (SIGNATURE) STATE OF FLORIDA: COUNTY OF PALM BEACH: M (SURETY) (SIGNATURE) BEFORE ME PERSONALLY APPEARED THE ABOVE TO ME WELL KNOWN AND KNOWN TO ME TO BE THE PERSONS DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO AND BEFORE ME THAT THEY EXECUTED SAID INSTRUMENT FOR THE PURPOSES THEREIN EXPRESSED. WITNESS MY HAND AND OFFICIAL SEAL, THIS DAY OF 2023 NOTARY PUBLIC: Page A-37 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR and as Surety, are held and firmly bound unto the TOWN OF GULF STREAM, FLORIDA, hereinafter called "OWNER", in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled: Town of Gulf Stream Core Area Neighborhood Improvements - BID NO. 2023-100 NOW THEREFORE, if said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED and SEALED, this day of 2023 (CONTRACTOR) By: (Signature) STATE OF FLORIDA: COUNTY OF PALM BEACH: 0 (SURETY) (Signature) BEFORE ME PERSONALLY APPEARED THE ABOVE TO ME WELL KNOWN AND KNOWN TO ME TO BE THE PERSONS DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO AND BEFORE ME THAT THEY EXECUTED SAID INSTRUMENT FOR THE PURPOSES THEREIN EXPRESSED. WITNESS MY HAND AND OFFICIAL SEAL, THIS DAY OF - 2023 NOTARY PUBLIC: Page A-38 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the Town of Gulf Stream (print name of the public entity) by Silvio Rubi-President (print individual's name and title) for Roadway Construction, LLC (print name of entity submitting sworn statement) whose business address is 12391 SW 130 Street, Miami, FL 33186 and (if applicable) its Federal Employer Identification Number (FEIN) is 45-4767314 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or materiel misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means finding of guilt of a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or in formation after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, Page A-39 partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). xxx Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUG ECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I REQUIRED TOINFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EX E OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, F TEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this 12 � a October 2023 Personally known Or Produced Identificatic (Type of identification) Page A-40 DAVIS-BACON REQUIREMENTS 10. FEDERAL LABOR STANDARDS PROVISIONS (Davis -Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.1.( 1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer=s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. EPA shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EPA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EPA or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) ( c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and EPA or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), EPA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EPA or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EPA or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3.( i) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to EPA or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to EPA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(1). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(1) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ( c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of EPA or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, EPA or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.( i) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman=s hourly rate) specified in the contractor=s or subcontractor=s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice=s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee=s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EPA or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.( i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor=s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part Whoever, for the purpose of. ..influencing in any way the action of such Administration ...makes, utters or publishes any statement, knowing the same to be false ...shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. Guidance to Contractor for Compliance with Labor Standards Provisions a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. 4) The hourly value of the fringe benefit is calculated by dividing the contractor=s annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis -Bacon and Related Acts has been satisfied.) c) Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis -Bacon and Related Acts only establishes minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis - Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court -ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner=s representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis -Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis -Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g) Sole Proprietorships / Independent Contractors / Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. h) Apprentices / Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis -Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. FDEP SUPPLEMENTARY CONDITIONS (CONSTRUCTION) TABLE OF CONTENTS FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Article Number Article Title Page 1 DEFINITIONS FDEP-1 2 PRIVITY OF AGREEMENT/CONTRACT FDEP-2 3 PROCUREMENT REQUIREMENTS FDEP-2 4 RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES FDEP-2 5 CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS FDEP-3 6 BONDS AND INSURANCE FDEP-3 7 AWARD OF AGREEMENT/CONTRACT FDEP-4 8 ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES FDEP-4 9 FDEP/USEPA ACCESS TO RECORDS AND PROJECT SITE FDEP-4 10 DISADVANTAGED BUSINESS ENTERPRISES FDEP-4 11 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) FDEP-5 12 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) FDEP-6 13 IMMIGRATION REFORM AND CONTROL ACT OF 1986 FDEP-12 STATE OF FLORIDA EXECUTIVE ORDER 11-116) 14 ENVIRONMENTAL COMPLIANCE FDEP-12 15 FEDERAL LABOR STANDARDS PROVISION FDEP-12 16 AMERICAN IRON AND STEEL PROVISION FDEP-12 17 PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES FDEP-12 Appendix Title A CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS B GOALS AND TIMETABLES FOR MINORITIES AND FEMALES C FEDERAL LABOR STANDARDS PROVISION D AMERICAN IRON AND STEEL PROVISION Page FDEP-13 FDEP-14 FDEP-15 FDEP-23 Revised October 2017 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS The intent of the Florida Department of Environmental Protection (FDEP) Supplementary Conditions is to complement and supplement other provisions of the Bidding Documents. However, if there is any conflict between the FDEP Supplementary Conditions and other provisions of the Bidding Documents, the FDEP Supplementary Conditions shall take precedence over the other provisions except when the other provisions are similar to, but more stringent than, the FDEP Supplementary Conditions. When other provisions of the Bidding Documents are similar to, but more stringent than, the FDEP Supplementary Conditions, the more stringent provisions shall apply. ARTICLE 1 - DEFINITIONS Wherever used in these Supplementary Conditions (except in the appendices to these Supplementary Conditions), the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. 1.1 Addendum -A written or graphic instrument that is issued prior to the opening of bids and that clarifies, corrects, or changes the Bidding Documents. 1.2 Agreement or Contract - The written agreement between the Owner and the Contractor covering the Work to be performed and furnished; these Supplementary Conditions and other Contract Documents are attached to the Agreement/Contract and made a part thereof as provided therein. 1.3 Bid - The offer or proposal of a bidder submitted on the prescribed form and setting forth the price(s) for the Work to be performed and furnished. 1.4 Bidder - Any person, firm, or corporation that submits a bid directly to the Owner. 1.5 Bidding Documents -The Advertisement for Bids or the Invitation to Bid, the Instructions to Bidders or the Information for Bidders, the Bid Form, the proposed Contract Documents, and all addenda. 1.6 Bond - An instrument of security. 1.7 Change Order -A document that is recommended by the Engineer and signed by the Contractor and the Owner; that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time; and that is issued on or after the Effective Date of the Agreement/Contract. 1.8 Contract Documents -The Agreement/Contract; the Contractor's Bid when attached as an exhibit to the Agreement/Contract; the Performance and Payment Bond(s); the General Conditions; the Supplementary Conditions (including these Supplementary Conditions); the Specifications (written technical descriptions of material, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto); the Drawings (drawings that show the character and scope of the Work to be performed and furnished); all addenda that pertain to the Contract Documents; and all change orders. 1.9 Contract Time - The number of days or the date stated in the Contract Documents for completion of the Work. 1.10 Contractor -The person, firm, or corporation with whom or which the Owner enters into the Agreement/Contract. 1.11 Effective Date of the Agreement/Contract -The date indicated in the Agreement/Contract on which the Agreement/Contract becomes effective, or if no such date is indicated in the Agreement/Contract, the date on which the Agreement/Contract is signed and delivered by the last of the two parties to sign and deliver the Agreement/Contract. 1.12 Engineer - The person, firm, or corporation named as such in the Contract Documents. 1.13 Minority Business Enterprise (MBE) - A historically Black college or university or a business that is (a) certified as socially and economically disadvantaged by the Small Business Administration, (b) certified as an MBE by a state or federal agency, or (c) an independent business concern which is at least 51-percent owned and controlled by minority group members. (A minority group member is an individual who is a citizen of the United States and one of the following: [i] Black American; [ii] Hispanic American [with origins from Puerto Rico, Mexico, Cuba, or South or Central America]; [iii] Native American [American Indian, Eskimo, Aleut, or native Hawaiian]; or [iv] Asian -Pacific American FDEP-1 Revised October 2017 [with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, or the Indian Subcontinent].) 1.14 Notice to Proceed -The written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Contract Documents. 1.15 Owner - The local government (municipality, county, district, or authority; or any agency thereof; or a combination of two or more of the foregoing acting jointly) with which the Florida Department of Environmental Protection (FDEP) may execute, or has executed, a State Revolving Fund loan agreement and for which the Work is to be provided. 1.16 Project -The total construction or facilities described in a State Revolving Fund loan agreement between the FDEP and the Owner, of which the Work to be provided under the Contract Documents may be the whole or a part. 1.17 Sponsor —The recipient of the State Revolving Fund loan agreement that provides funds for the project. 1.18 Subcontract -A direct contract between a subcontractor and the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.19 Subcontractor - A person, firm, or corporation having a direct contract with the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.20 Successful Bidder - The lowest responsive, responsible bidder to whom or which the Owner intends to award the Agreement/Contract. 1.21 Women's Business Enterprise (WBE) - A business that is (a) certified as a WBE by a state or federal agency or (b) an independent business concern which is at least 51-percent owned and controlled/operated by women. (Determination of whether a business is at least 51-percent owned by women shall be made without regard to community property laws [e.g., an otherwise qualified WBE that is 51-percent owned by a married woman in a community property state will not be disqualified because the married woman's husband has a 50-percent interest in the married woman's share of the business; similarly, a business that is 51-percent owned by a married man and 49-percent owned by women will not become a qualified WBE by virtue of the married man's wife having a 50-percent interest in the married man's share of the business].) 1.22 Work - The entire completed construction or the various separately identifiable parts thereof required to be performed and furnished under the Contract Documents; Work is the result of performing services, furnishing labor, furnishing material and equipment, and incorporating material and equipment into the construction as required by the Contract Documents. ARTICLE 2 - PRIVITY OF AGREEMENT/CONTRACT 2.1. The Owner expects to finance this Agreement/Contract with assistance from the FDEP, which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency (USEPA). Neither the State of Florida nor the United States (nor any of their departments, agencies, or employees) will be a party to this Agreement/Contract or any lower -tier subcontract. ARTICLE 3 - PROCUREMENT REQUIREMENTS 3.1. This Agreement/Contract and the Owner's solicitation and award of this Agreement/Contract are subject to requirements contained in Chapter 62-503 (Revolving Loan Program) and/or Chapter 62-552, Florida Administrative Code as applicable. ARTICLE 4 - RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES Resolution of Protests Concerning the Owner's Solicitation and/or Award of this Agreement/Contract: FDEP-2 Revised October 2017 4.1. Protests concerning the Owner's solicitation and/or award of this Agreement/Contract must be filed in writing with the Owner to be considered. 4.2. All timely written protests concerning the Owner's solicitation and/or award of this Agreement/Contract are to be resolved in accordance with the Owner's dispute resolution process. A copy of the ordinance(s), resolution(s), or written policy (policies) that set forth the Owner's dispute resolution process is included elsewhere in the Bidding Documents or is to be made available by the Owner upon request. 4.3. Neither the (FDEP) nor the USEPA will become a party to, or have any role in resolving, protests concerning the Owner's solicitation and/or award of this Agreement/Contract. Protest decisions made by the Owner cannot be appealed to the FDEP or the USEPA. Resolution of Claims and Disputes Between the Owner and the Contractor: 4.4. Unless otherwise provided in the Contract Documents, all claims and disputes between the Owner and the Contractor arising out of, or relating to, the Contract Documents or the breach thereof are to be decided by arbitration (if the Owner and the Contractor mutually agree) or in a court of competent jurisdiction within the State of Florida. 4.5. Neither the FDEP nor the USEPA will become a party to, or have any role in resolving, claims and disputes between the Owner and the Contractor. ARTICLE 5 - CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS 5.1. All changes to the Bidding Documents made subsequent to the FDEP's acceptance of the Bidding Documents and prior to the opening of bids are to be documented via addendum (addenda) to the Bidding Documents; all changes to the Contract Documents made after the opening of bids are to be documented by change order(s) to the Contract Documents. The Owner shall submit all addenda and change orders to the FDEP. ARTICLE 6 - BONDS AND INSURANCE Bid Guarantees: 6.1. Each bidder's bid is to be accompanied by a bid guarantee made payable to the Owner in an amount at least equal to five percent of the bidder's maximum bid price and in the form of a certified check or bid bond. Performance and Payment Bond(s): 6.2. The Contractor shall furnish a combined performance and payment bond in an amount at least equal to 100 percent of the Contract Price (or, if required elsewhere in the Contract Documents, the Contractor shall furnish separate performance and payment bonds, each in an amount at least equal to 100 percent of the Contract Price) as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This(these) bond(s) are to be delivered to the Owner by the Contractor along with the executed Agreement/Contract. The Owner shall forward a copy of this (these) bond(s) to the FDEP. Insurance: 6.3. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, such liability insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims that may arise out of, or result from, the Contractor's performance and furnishing of the Work (whether the Work is to be performed or furnished by the Contractor or any subcontractor at the Work site) and the Contractor's other obligations under the Contract Documents. This insurance is to include workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile liability insurance, and contractual liability insurance applicable to the Contractor's indemnification obligations and is to be written for not less than the limits of liability and coverages determined by the Owner or required by law, whichever is greater. FDEP-3 Revised October 2017 6.4. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, property insurance upon the Work at the Work site in an amount equal to the full replacement cost of the Work or the full insurable value of the Work. This insurance is to include the interests of the Owner, the Contractor, and all subcontractors at the Work site (all of whom are to be listed as insured or additional insured parties); is to insure against the perils of fire and extended coverage; and is to include "all-risk" insurance for physical loss or damage due to theft, vandalism and malicious mischief, collapse, water damage, and/or all other risks against which coverage is obtainable. 6.5. Before any Work at the Work site is started, the Contractor shall deliver to the Owner certificates of insurance that the Contractor is required to purchase and maintain in accordance with Paragraphs 6.3 and 6.4 of this Article and other provisions of the Contract Documents, and the Owner shall deliver to the Contractor certificates of insurance that the Owner is required to purchase and maintain in accordance with Paragraphs 6.3 and 6.4 of this Article and other provisions of the Contract Documents. ARTICLE 7 - AWARD OF AGREEMENT/CONTRACT 7.1. If this Agreement/Contract is awarded, it is to be awarded to the lowest responsive, responsible bidder. A fixed price (lump sum or unit price or both) agreement/contract is to be used. A clear explanation of the method of evaluating bids and the basis for awarding this Agreement/Contract are included elsewhere in the Bidding Documents. All bids may be rejected when in the best interest of the Owner. After the contract has been awarded, the Owner shall give the Contractor a notice to proceed fixing the date on which the Contract Time will commence to run. The Owner shall forward a copy of this notice to proceed to the FDEP. ARTICLE 8 - ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES 8.1. The Contractor shall submit to the Owner, within ten calendar days after the Effective Date of this Agreement/Contract, an itemized construction cost breakdown and construction and payment schedules. 8.1.1. The itemized construction cost breakdown, or schedule of values, is to include quantities and prices of items aggregating the Contract Price and is to subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices are to include an appropriate amount of overhead and profit applicable to each item of Work. 8.1.2. The construction, or progress, schedule is to indicate the Contractor's estimated starting and completion dates for the various stages of the Work and is to show both the projected cost of Work completed and the projected percentage of Work completed versus Contract Time. 8.1.3. The payment schedule is to show the Contractor's projected payments cumulatively by month. ARTICLE 9 — FDEP/ USEPA ACCESS TO RECORDS AND PROJECT SITE 9.1. Authorized representatives of the Owner, the FDEP, and the USEPA shall have access to, for the purpose of inspection, the Work site(s), any books, documents, papers, and records of the Contractor that are pertinent to this Agreement/Contract at any reasonable time. The Contractor shall retain all books, documents, papers, and records pertinent to this Agreement/Contract for a period of five years after receiving and accepting final payment under this Agreement/Contract. NOTE: ARTICLE 10 ONLY APPLIES TO FEDERAL CAP GRANT PROJECTS ARTICLE 10 - DISADVANTAGED BUSINESS ENTERPRISES 10.1 A goal of five percent of the Contract Price is established for Minority Business Enterprise (MBE) participation in the Work, and a goal of five percent of the Contract Price is established for Women's Business Enterprise (WBE) participation in the Work. If bidders or prospective contractors (including the Contractor) intend to let any lower -tier goods FDEP-4 Revised October 2017 or services (including construction) subcontracts for any portion of the Work, they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take good faith efforts to assure that MBEs and WBEs are utilized, when possible, as sources of goods and services. Good faith efforts are to include the following: 10.1.1. Require Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 10.1.2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 10.1.3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 10.1.4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 10.1.5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 10.1.6. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs 10.1.1 through 10.1.5 of this section. 10.2. Within ten calendar days after being notified of being the apparent Successful Bidder, the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises (MBEs and WBEs) in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the FDEP a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the Work. ARTICLE 11 - DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 11.1. The bidder certifies, by submission of this proposal, that neither the bidder nor its principals, nor the bidder's subcontractors nor their principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 11.2. Where the bidder is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 11.3. The bidder also certifies that it and its principals and the bidder's subcontractors and their principals: 11.3.1. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 11.3.2. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 11.3.1 of this certification; and 11.3.3. Have not within a three-year period preceding this proposal had one or more public transactions (federal, state or local) terminated for cause or default. Where the bidder is unable to certify to any of the above, such owner shall attach an explanation to this proposal. FDEP-5 Revised October 2017 11.3.4. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 11.3.5. The bidder shall incorporate the foregoing requirements 11.1 through 11.3 in all subcontracts. ARTICLE 12 - EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 12.1. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000) 12.1.1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 12.1.2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in Florida, are as follows: Goal for female participation: 6.9 percent statewide Goal for minority participation: (See Appendix B at FDEP-20 for goals for each county) These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 12.1.3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 12.1.4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the State of Florida. 12.1.5. Contractors shall incorporate the foregoing requirements in all subcontracts. 12.2. Equal Opportunity Clause (Applicable to contracts/subcontracts exceeding $10,000) During the performance of this contract, the contractor agrees as follows: 12.2.1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: 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. FDEP-6 Revised October 2017 12.2.2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The notice can be obtained online at http:;'.,!,A7ww.ceoc.gov/einplover,;/tLploadleeoc self print poster pdf. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. 12.2.3. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 12.2.4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12.2.5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 12.2.6. The contractor 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. 12.2.7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor 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. 12.2.8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs 12.2.1 through 12.2.8 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 contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 12.3. The Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 12.3.1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and FDEP-7 Revised October 2017 (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 12.3.2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 12.3.3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 12.3.4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 12.3.5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 12.3.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the .goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 12.3.7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. FDEP-8 Revised October 2017 c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 12.3.7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. in. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. FDEP-9 Revised October 2017 n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 12.3.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (12.3.7a through 12.3.7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 12.3.9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 12.3.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 12.3.11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12.3.12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 12.3.13. The Contractor, in fulfilling its obligation under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 12.3.14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. FDEP-10 Revised October 2017 12.3.15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 12.4. Pursuant to 41 CFR 60-1.7, if the price of this bid exceeds $10,000, the bidder, by signing and submitting this proposal, certifies the following: 12.4.1. Affirmative action programs pursuant to 41 CFR 60-2 have been developed and are on file; 12.4.2. Documentation of a previous contract or subcontract subject to the equal opportunity clause is available; 12.4.3. All reports due under the applicable filing requirements have been filed with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission; and 12.4.4. Each prospective construction subcontractor that may be awarded a lower -tier construction subcontract with a price exceeding $10,000 shall meet the above requirements 12.4.1 through 12.4.3. 12.5. Pursuant to 41 CFR 60-1.8, if the price of this bid exceeds $10,000, the bidder, by signing and submitting this proposal, certifies the following: 12.5.1. That he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments; 12.5.2. That he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained; 12.5.3. That he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments; 12.5.4. That he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained; 12.5.5. That a breach of this certification is violation of the Equal Opportunity Clause of this contract; and 12.5.6. That he/she will obtain identical certifications from proposed Subcontractors prior to the award of Subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his/her files. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. 12.6. If the price of this Agreement/Contract exceeds $10,000, the Owner shall give written notice to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of this Agreement/Contract. The notice is to include the name, address, and telephone number of the Contractor; the employer identification number of the Contractor; the dollar amount of this Agreement/Contract; the estimated starting and completion dates of this Agreement/Contract; the number of this Agreement/Contract; and the geographical area in which the Work is to be performed. 12.7. If the price of this Agreement/Contract equals or exceeds $50,000 and if the Contractor has 50 or more employees, the Contractor shall electronically file Standard Form 100 (EEO-1) online at https://eQov.ecoe.gov/ecol/ecol js L within 30 calendar days after the award of this Agreement/Contract , unless the Contractor has submitted such a report within 12 months preceding the date of award of this Agreement/Contract. In addition, the Contractor shall ensure that each construction subcontractor having 50 or more employees and a lower -tier construction subcontract with a price equaling or exceeding $50,000 also electronically files this form within 30 calendar days after the award to it of the lower -tier construction subcontract, unless the construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower -tier construction subcontract. FDEP- I I Revised October 2017 ARTICLE 13 - IMMIGRATION REFORM AND CONTROL ACT OF 1986 (STATE OF FLORIDA EXECUTIVE ORDER 11-116) The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Contractor shall only employ individuals who may legally work in the United States — either U.S. citizens or foreign citizens who are authorized to work in the U.S. The Contractor shall use the U.S. Department of Homeland Security's E- Verify Employment Eligibility Verification system (http:!/w,A.-kv.uscis. Tc� �v/portal/site/uscis) to verify the employment eligibility of: • all new employees, during the term of this Agreement, to perform employment duties within Florida; and, • all new employees (including subcontractors and subrecipients) assigned by the Contractor to perform work pursuant to this Agreement. The Contractor shall include this provision in all subcontracts/subgrants it enters into for the performance of work under this Agreement. ARTICLE 14 — ENVIRONMENTAL COMPLIANCE The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans). ARTICLE 15 — FEDERAL LABOR STANDARDS PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with the Federal Labor Standards Provisions as provided in Appendix C. Signing Appendix A certifies compliance with these provisions. ARTICLE 16 — AMERICAN IRON AND STEEL PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with The American Iron and Steel Provision as provided in Appendix D. Signing Appendix A certifies compliance with these provisions. ARTICLE 17 - PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1. The contractor's maintaining an office or place of business within a particular local jurisdiction; 2. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or 3. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. FDEP-12 Revised October 2017 APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS This certification relates to a construction contract proposed by Town of Gulf Stream (insert the name of the Owner) which expects to finance the proposed construction contract with assistance from the Florida Department of Environmental Protection (which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that I have read the Florida Department of Environmental Supplementary Conditions and agree to incorporate the following articles into the bid and/or contract: ARTICLE 11 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) ARTICLE 12 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) ARTICLE 13 IMMIGRATION REFORM AND CONTROL ACT OF (STATE OF FLORIDA EXECUTIVE ORDER 11-116) ARTICLE 14 ENVIRONMENTAL COMPLIANCE ARTICLE 15 FEDERAL LABOR STANDARDS PROVISION ARTICLE 16 AMERICAN IRON AND STEEL PROVISION I agree that I will obtain identical certifications from prospective lower -tier construction subcontractors prior to the award of any to a ier construction subcontracts with a price exceeding $2,000. I also agree that I will retain such certifications in my fi es. y (Signature of Authorized Official) 10/12/2023 (Date) (Name and Title of Authorized Official [Print or Type]) Roadway Construction, LLC (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) 12391 SW 130 Street, Miami, FL 33186 786-842-3952 (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) 45-4767314 (Employer Identification Number of Prospective Construction Contractor or Subcontractor) FDEP-13 Revised October 2017 APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS GOALS AND TIMETABLES FOR MINORITIES AND FEMALES [Note: These goals and timetables are the goals and timetables referred to in Paragraph 2 of the "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)'; these goals and timetables are to be included in all FDEP assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] The following goals and timetables for female utilization shall be included in all federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate on -site construction workforce whether or not part of that workforce is performing work on a federal or federally assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Goals and Timetables Timetable Goals (percent) Indefinite 6.9 Goals for minority utilization can be found in the Department of Labor's Technical Assistance Guide for Federal Construction Contractors (May 2009), available on the internet at http:/hvww.civitrii4htsusa.aov/pdf/TAG%20- %20Constuction.pdf . These goals shall be included for each craft and trade in all federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a federal, federally assisted or non -federally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix. FDEP-14 Revised October 2017 APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Davis -Bacon Requirements FEDERAL LABOR STANDARDS PROVISIONS (Davis -Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such federal assistance. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act, 29 CFR Part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) The sponsor, on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The FDEP shall approve a request for an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the sponsor(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the sponsor to the FDEP. The FDEP will transmit the request to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional FDEP-15 Revised October 2017 classification action within 30 days of receipt and so advise the FDEP or will notify FEDP within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and the sponsor do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), the FDEP shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of FDEP, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. The sponsor shall, upon written request of the EPA or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I (b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). FDEP-16 Revised October 2017 (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed, a copy of all payrolls to the sponsor. Such documentation shall be available upon request by FDEP. As to each payroll copy received, the sponsor shall provide a certification that the project is in compliance with the requirements of 29 CFR 5.5(a)(1) with each disbursement request. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site http://www.ciol.f—oy/whd`/fomis!xN!h347instr.htiii or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current addresses of each covered worker, and shall provide them upon request to the sponsor for transmission to the FDEP or EPA if requested by EPA, the FDEP, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsor. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR Part 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR Part 5.5 (a)(3)(I), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of the FDEP or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FDEP may, after written notice to the contractor, or sponsor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, the Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio FDEP-17 Revised October 2017 of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, the Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA determines may be appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. FDEP-18 Revised October 2017 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the sponsor, FDEP, EPA, the U. S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part "Whoever, for the purpose of... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both". 11. Complaints, Proceedings, or Testimony by Employees A. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. The sponsor shall insert the following clauses set forth in paragraphs B.(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by item 3 above or 29 CFR 4.6. As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. The sponsor, upon written request of the FDEP or an authorized representative of the Department of Labor, may withhold or cause to be withheld, from any moneys payable on FDEP-19 Revised October 2017 account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contract, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 12. Guidance to Contractor for Compliance with Labor Standards Provisions a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. 4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis -Bacon and Related Acts has been satisfied.) c) Overtime FDEP-20 Revised October 2017 For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis -Bacon and Related Acts only establishes minimum rates and does not address overtime. The Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis -Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court -ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the state agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis -Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis -Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g) Sole Proprietorships / Independent Contractors / Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. FDEP-21 Revised October 2017 h) Apprentices / Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis -Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. FDEP-22 Revised October 2017 APPENDIX D TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS American Iron and Steel Requirement The Contractor acknowledges to and for the benefit of the Town of Gulf Stream ("Owner") and the State of Florida (the "State") that it understands that iron and steel products to be installed as a part of this contract must be in compliance with the requirements in H.R. 3547, "Consolidated Appropriations Act, 2014," (Appropriations Act). H.R. 3547 includes the following language in Division G, Title IV, Sec. 436, under the heading, "Use of American Iron and Steel,": (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. For waivers to these requirements based on (2)(b) above, contact Sheryl Parsons at USEPA Region IV. She can be reached by phone at (404) 562-9337. FDEP-23 Revised October 2017