CN-550000-BED28-W0020000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TASK WORK ORDER FOR

MASTER UNIVERSITY AGREEMENT

375-040-80

PROCUREMENT

OGC – 07/14

Master Agreement #:

BED28

Cost Center # - Task Work Order #:

977 - 02

University:

Florida Institute of Technology

Task Work Order Description:

Confinement Effect of Narrow Baseplates or Reaction Area on Anchor Breakout, Part 3

The start date of this task work order is:

Upon execution of the Task Work Order by the Department.

Issuance of a Notice to Proceed.

As specified in Exhibit A (Scope of Service).

In accordance with the above referenced contract, you are authorized to perform the tasks detailed in attached Exhibit A (Scope of Services). All services required under this Task Work Order will be completed by:

1/31/2024 or the end date of the Master Agreement, whichever occurs first.

For the required services, compensation shall be $ 38,057.60 as described in the attached Exhibit B (Method of Compensation).

Fund Type:

State Funds Federal Funds

Applicable Appendices: (If checked, Appendix must be attached to the TWO)

Appendix 1 Terms for Federal Aid Contracts Appendix 2 Terms for Information Technology Resources Appendix 3 Terms for Federal Transit Administration Other:

Note: Master University Agreement cannot be used for grant disbursement to subrecipients

Department Contact:

Name: Jennifer Clark Phone: (850) 414-4614

Office: Research Center Email: jennifer.clark@dot.state.fl.us

Departmental Approval:

J. Darryll Dockstader Manager, Research Center (Name) (Title) (Signature) (Date)

University Acceptance:

(Name) (Title) (Signature) (Date)

Legal Review:

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453

Executive Vice President and ProvostHamid Rassoul 9/26/2023

DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

09/26/2023 | 12:13 PM EDT

Exhibit A – Scope of Service

Project Title: Confinement Effect of Narrow Baseplates or Reaction Area on Anchor Breakout, Part 3

Principal Investigator: Nakin Suksawang

Florida Institute of Technology

150 W. University Blvd., Melbourne, FL 32901

Email address: nsuksawang@fit.edu

Phone number: (321) 674-7504

DSR Administrative Contact: Donn Miller-Kermani

Florida Institute of Technology

150 W. University Blvd., Melbourne, FL 32901

Email address: dkermani@fit.edu

Phone number: (321) 674-7648

Project Manager: Steven Nolan

Structures Design Office

605 Suwannee St., Tallahassee, FL 32399

Email address: steven.nolan@dot.state.fl.us

Phone number: (850) 414-4272

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

Background Statement

A new AASHTO LRFD Bridge Design Specification (AASHTO-BDS), Section 5.13—Concrete

Anchor Design —was added to the 2016 (8th) Edition. This new section directly references the specification requirements from ACI 318-14, Chapter 17, which addresses typical anchoring to concrete, including adhesive anchors such as those used for standard metal pedestrian/bicycle railings in Florida. However, the ACI 318-14 approach has been shown to be too conservative in some typical FDOT applications. It does not account for the confinement effect caused by the metal baseplate's compressive force in the concrete breakout cone. As a result, the existing design of adhesive anchor for standard metal pedestrian/bicycle railings would require impractical modifications to meet these design provisions if adopted by the Structures Design

Guidelines (SDG). For this reason, FDOT sponsored a research project BDV28 977-06 to determine the confinement effect of a narrow baseplate on adhesive anchor breakout resistance and developed a new confinement modification factor.

Based on the research project results BDV28 977-06, the compression confinement from the baseplate significantly increases the concrete breakout resistance by at least 1.6 times the nominal concrete breakout capacity using ACI 318-14 approach. The strength gain from the compression confinement allowed FDOT to modify the adhesive anchor's embedment length shown in Standard Plans Index 515-052 & 515-062 to 6 inches for a sidewalk and 9 inches for gravity wall applications. Furthermore, a new confinement modification factor has been developed to address this increase in concrete breakout resistance for similar design applications.

Since the initiation of the BDV28 977-06 project, adoption of screw anchor design provisions into the ACI 318-19, Chapter 17 has been completed. Furthermore, the AASHTO Committee on

Bridges and Structures is developing a 2021 ballot item for the adoption of the updated ACI 318, 2019 edition into the AASHTO-BDS. This would allow the adoption of screw anchor designs that benefit from rapid, reliable, and simplified installation procedures.

The FDOT confinement modification factor could potentially be used for all post-installed anchors as it is applied to the concrete breakout strength. It could also be applied to other failure modes such as pullout and pry-out, but more testing would be needed to confirm its applicability.

It is possible that with the proposed modification factor, screw anchor systems could be used instead of an adhesive anchor for pedestrian railing and other applications. The current design concrete breakout strength of the screw anchor is approximately 9.8 to 15 kips depending on concrete compressive strength, so if a modification factor of m = 1.5 is applied, the design concrete breakout capacity could increase between 14.7 to 22.5 kips, which meets the required strength of 15.6 kips in most applications. However, the design pullout strength would have to be evaluated to determine the governed failure mode.

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

Using post-installed mechanical anchors can further reduce the installation cost and time as there is no additional adhesive cost and no need to wait for the adhesive to harden and cure, which takes between 24 – 72 hours depending on the ambient temperature. Additionally, the mechanical anchor is not influenced by the surrounding environment, such as the service temperature and concrete moisture content that impact the bond strength when using adhesive anchors, which could delay the project. Therefore, there is a need to determine if the confinement effect could benefit FDOT by providing an expanded use for post-installed mechanical anchors.

Project Objective(s)

The primary objectives of this research project are completion of the report writing for experimental work conducted under BDV28 977-09 (Phase 2):

1. Develop new FDOT Structures Design Guidelines criteria for screw anchors with confinement effects.

2. Compile Tasks 1 through 6 from BVD28 977-28 into a Final Report.

Project Kick-off Teleconference

The principal investigator will schedule a kick-off meeting to be held within the first 30 days of task work order execution. The kick-off meeting will consist of a webinar at least 30 minutes in length. The purpose of the meeting is to review the tasks, deliverables, deployment plan, timeline, and expected/anticipated project outcomes and their potential for implementation and benefits. The principal investigator shall prepare a presentation following the template provided at https://www.fdot.gov/research/project-mgt-resources.shtm.

The project manager, principal investigator, and research performance coordinator shall attend.

Other parties may be invited, if appropriate.

Task 1: Develop SDG Design Criteria

Based on the recommendation of BDV28 977-09 Task 6, modified SDG design criteria for adhesive and screw anchors will be developed. The design will be based on typical FDOT applications. Design examples for different anchor configurations will also be developed.

Deliverable 1: Upon completion of Task 1, the Research Team will submit to the Research Center at research.center@dot.state.fl.us a technical memorandum that documents draft SDG provisions on adhesive and screw anchors designs.

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029 https://www.fdot.gov/research/project-mgt-resources.shtm mailto:research.center@dot.state.fl.us

Task 2: Draft Final Report and Closeout Teleconference

The draft final report will include the results of all research tasks. The draft report will present specific findings and recommendations concerning the design of adhesive and screw anchor systems. All of the executed research tasks and findings will be summarized in the draft final report. The draft final report will be submitted a minimum of 90 days prior to the end of the project for comments and review. Additionally, a closeout meeting will also be scheduled 30 days prior to the end of the project to review the project performance, the deployment plan, and the next steps.

Deliverable 2a: Ninety (90) days prior to the end date of the task work order, the Research Team will submit a draft final report in PDF and Word formats to the Research Center at research.center@dot.state.fl.us.

The draft final and final reports must follow the Guidelines for University Presentation and

Publication of Research and the FDOT Research Final Report Style Guide available at https://www.fdot.gov/research/project-mgt-resources.shtm.

The report must be well-written and edited for technical accuracy, grammar, clarity, organization, and format. The report must also comply with section 508 of the United States

Workforce Rehabilitation Act of 1973.

Deliverable 2b: Thirty (30) days prior to the end date of the task work order, the Research Team will schedule a closeout teleconference. The principal investigator shall prepare a PowerPoint presentation following the template provided at https://www.fdot.gov/research/project-mgt-resources.shtm.

At a minimum, the principal investigator, project manager, and research performance coordinator shall attend. The purpose of the meeting is to review project performance, the deployment plan, and next steps.

Task 3: Final Report

The final report will incorporate all comments and concerns made to the draft final report.

Deliverable 3: Upon Department approval of the draft final report, the Research Team will submit the Final Report in PDF and Word formats electronically to the Research Center at research.center@dot.state.fl.us. The Final Report is due by the end date of the task work order.

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029 https://www.fdot.gov/research/project-mgt-resources.shtm https://www.fdot.gov/research/project-mgt-resources.shtm https://www.fdot.gov/research/project-mgt-resources.shtm

Governor’s Executive Order

Pursuant to Governor’s Executive Order 20-44, if Recipient/Contractor/Vendor/Agency/Other

Party is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole-source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient/Contractor/Vendor/Agency/Other Party shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Recipient/Contractor/Vendor/Agency/Other Party executive leadership team. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. Recipient shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports required by this Amendment within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Recipient/Contractor/Vendor/Agency/Other Party. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the

Recipient/Contractor/Vendor/Agency/Other Party receiving Department funding.

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

Use of Graduate Student(s) and other Research Assistants

A full-time (20 hours per week) graduate student in structural engineering with laboratory experience will be hired for this project to assist in all research tasks. Additionally, a part-time undergraduate student will also be used to help with research tasks 1 -5.

Equipment

No equipment will be purchased for this research project. However, the following equipment from the SRC will be needed:

• A servo-controlled hydraulic actuator with a minimum capacity of 10 kips

• Data acquisition system

• Video Camera for recording cracks on slab

Expenses

No expenses are anticipated for this TWO.

Travel

No Travel is anticipated for this TWO.

Financial Consequences

Payment shall be made only after receipt and approval of goods and services. Deliverable(s) must be received and accepted in writing as specified in the task work order prior to payment.

If the Research Center and/or project manager determine that the performance of the university is unsatisfactory, the Research Center shall notify the university of the deficiency to be corrected, and correction shall be made within a timeframe to be specified by the Research Center. Within five days of notice from the Research Center, the university shall provide the Research Center with a corrective action plan describing how the university will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Research Center, the university shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the current billing period. The retainage shall be withheld until the university resolves the deficiency. If the deficiency is subsequently resolved, the university may bill the

Department for the retained amount during the next billing period. If the university is unable to resolve the deficiency, the funds retained will be forfeited at the end of the task work order period.

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

Minimum Performance Measures

Performance metrics are defined in this scope of work, which describes the tasks, milestones, and/or deliverables the principal investigator shall accomplish and provide under this task work order. The Research Center will conduct periodic reviews to determine compliance with the tasks, milestones, and/or deliverables.

Publication Provision

If at any time during the TWO, the university desires to publish, in any form, any material developed under the TWO, the university must submit to the Project Manager and the Research

Center at research.center@dot.state.fl.us a written abstract and notification of intent to publish the materials and receive the Project Manager’s concurrence to publish. Such approval to publish shall not be unreasonably withheld. If the Project Manager does not provide a written response within 30 days after receipt, the university may publish. The publication must include the following language:

“The opinions, findings and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Florida Department of Transportation or the

U.S. Department of Transportation.”

Deliverables Schedule

Deliverable # / Description of Deliverable as provided in the scope (included associated task #)

Anticipated

Date of

Deliverable

Submittal

(month/year)

TO BE

COMPLETED

BY

RESEARCH

CENTER

(performance monitoring)

Kick-off Teleconference October 2023

Task 1 - Develop of SDG Design Criteria October 2023

Task 2 - Draft Final October 2023

Closeout Meeting December 2023

Task 3 - Final Report January 2024

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

Exhibit B – Method of Compensation

BED28 TWO 977-02

1.0 Purpose

This Exhibit defines the limits of compensation to be made to the University for the services set forth in Exhibit A and the method by which payment shall be made.

2.0 Compensation

For the satisfactory performance of services details in Exhibit A, the University shall be paid a

Maximum Amount of $38,057.60. The Maximum Amount consists of the following amounts:

Deliverable 1 (Lump Sum) $23,230.99

Deliverable 2a (Lump Sum) $ 8,599.76

Deliverable 3 (Lump Sum) $ 6,226.85

3.0 Progress Payments

The University shall submit an invoice upon approval of each task deliverable in a format acceptable to the Research Center. Lump sum payments shall be made to the University for the satisfactory completion of each task and approval by the Department of each task deliverable.

Invoices shall be submitted to the Florida Department of Transportation, Research Center, 605

Suwannee Street, MS 30, Tallahassee, FL 32399-0450 or electronically to research.center@dot.state.fl.us The Research Center will allow itself ten (10) working days for approval from receipt of deliverable and invoice.

4.0 Tangible Personal Property

This task work order does not include the purchase of Tangible Personal Property as defined in

Chapter 273, F.S.

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

BED28

9/22/2023

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 9/22/2023

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55220000977

Expansion Option: A4

Object Code: 132600

Amount: $38,057.60

Financial Project: 4443251B201

Work Activity (FCT): 770

CFDA:

Fiscal Year: 2024

Budget Entity: 55150200

Category/Category Year: 088857/24

Amendment ID: W002

Sequence: 00

User Assigned ID: 977-02

Enc Line (6s)/Status: 0002/04

Total Amount: $38,057.60

Contract: BED28

Contract Type: BU - PLANNING & RESEARCH SERVICES (PLN/RSH)

Vendor Name: FLORIDA INSTITUTE OF TECHNOLOGY

Vendor ID: F596046500006

Beginning Date of This Agreement: 02/28/2022

Ending Date of This Agreement: 02/28/2032

Contract Total/Budgetary Ceiling:

Method of Procurement: G - GOVERMENTAL AGENCY (287.057,F.S.)

Description: Planning and Research Services

Page1 of 1

To: Jennifer.Clark@dot.state.fl.us

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

375-040-40

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # BED28

TWO 977-02

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

A. It is understood and agreed that all rights of the Florida Department of Transportation relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S. Department of Transportation (hereinafter “USDOT”), not withstanding anything to the contrary in this Agreement.

C. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the USDOT, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Contractor, with regard to the work performed during the Agreement, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section

21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Contractor shall provide all information and reports required by the

Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Agreement, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or

b. cancellation, termination or suspension of the Agreement, in whole or in part.

H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (I) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42

U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by USDOT regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises (“DBE”): The Contractor shall agree to abide by the following statement from 49 CFR 26.13(b). The statement that follows shall be included in all subsequent agreements between the Contractor and any sub-contractor or contractor:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.”

Pursuant to 49 CFR 26.11(c) , the Contractor shall submit the bid opportunity list at the time of contract execution, and shall enter DBE commitment and payment information in the Florida Department of Transportation’s Equal Opportunity Compliance (EOC) system. The Contractor shall request access to the EOC system using Form No. 275-021-30.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Contractor at any time learns that the certification it provided the

Florida Department of Transportation in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to the Florida Department of Transportation. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

lower tier covered transactions and in all aforementioned federal regulation.

O. The Florida Department of Transportation hereby certifies that neither the Contractor nor the Contractor's representative has been required by the Florida Department of Transportation, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement, to

1. employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

The Florida Department of Transportation further acknowledges that this Agreement will be furnished to a federal agency, in connection with this Agreement involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Contractor hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure this contract (except a bona fide employee or Agency); or

2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or

3. paid, or agreed to pay, to any firm, organization or person any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract (except a bona fide employee or Agency).

The Contractor further acknowledges that this Agreement will be furnished to the Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

Q. Federal-aid projects for highway construction shall comply with the Buy America provisions of 23 CFR 635.410, as amended (where applicable).

R. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract” in 41 CFR Part 60-1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor” (where applicable).

DocuSign Envelope ID: 9C90956A-13E5-4B4F-9E85-C710BF424453DocuSign Envelope ID: A1E0D150-A8A7-42F1-BD4C-DD2961597029