CN-550000-BED32-W0010000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TASK WORK ORDER FOR

MASTER UNIVERSITY AGREEMENT

375-040-80

PROCUREMENT

OGC – 07/14

Master Agreement #:

BED32

Cost Center # - Task Work Order #:

977 - 01

University:

Embry-Riddle Aeronautical University

Task Work Order Description:

NEXTGEN Concrete - Tests of the Future: Chloride Diffusion

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:

9/30/2025 or the end date of the Master Agreement, whichever occurs first.

For the required services, compensation shall be $ 81,112.00 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:

Nanette Guzman, DBA, CRA Director, Office of Sponsored Research Administration

DocuSign Envelope ID: F7773B86-0137-4A0A-99A0-A704284B4FD6

06/15/2023 | 8:44 AM EDT

06/15/2023 | 2:50 PM EDT

May 26, 2023

Exhibit A - Scope of Service

NEXTGEN Concrete - Tests of the Future: Chloride Diffusion

Principal Investigator: Dan Su, P.E., Ph.D.

Assistant Professor, Civil Engineering

Embry-Riddle Aeronautical University

Daytona Beach, FL 32114

Sud1@erau.edu

(386) 323-8298

OSR Administrative Contact: Doreen Paoletti

Embry-Riddle Aeronautical University

1 Aerospace Boulevard

Daytona Beach, FL 32114

Doreen.Paoletti@erau.edu

(386) 226-6196

Project Manager: Ronald Simmons

FDOT State Materials Office

5007 NE 39th Avenue

Gainesville, FL 32609

Ronald.simmons@dot.state.fl.us

(352) 955-6691 v | P a g e

Embry-Riddle Aeronautical University

DocuSign Envelope ID: F7773B86-0137-4A0A-99A0-A704284B4FD6 mailto:Sud1@erau.edu mailto:Doreen.Paoletti@erau.edu mailto:Ronald.simmons@dot.state.fl.us

Background Statement

FDOT is seeking to maximize the durability of newly constructed structural elements. As part of this goal, FDOT needs to do a better job assessing concrete mixes for specific structural applications. This assessment needs to adapt to the ever changing phys ical, chemical and market issues associated with concrete’s constituent ingredients. FDOT needs to allow industry to use innovative new materials as well as existing materials in new combinations to optimize the performance of concrete. We need to apply to our mixes a series of screening tests that robustly assess their durability in specific FDOT applications and environments. Specifically, we need tests that measure a mix’s chloride and sulfate durability. These are key, materials-related factors that influence the durability of our new structures.

In light of this, a research project, BEE02 “NEXTGEN Concrete - Tests of the Future:

Chloride and Sulfate Durability” was developed and is currently underway to develop thresholds for several screening test methods including AASHTO T358 (SR), AASHTO

TP119 (BR), and Modified ASTM C1202 for sulfate permeability. In addition to the test methods included in BEE02, it is also important to investigate the chloride diffusion so that the SR and BR test results can be verified and validated with direct chloride diffusion results. Moreover, the chloride diffusion coefficients can be used as inputs for service life models. Thus, this project will serve as a companion project to BEE02 to investigate the chloride diffusion rates using both Bulk Diffusion (ASTM C1556) and

Rapid Migration (NT Build 492) tests.

Project Objective(s)

The objectives of this project are the following:

1. To investigate and determine chloride diffusion rates using Bulk Diffusion (ASTM C1556) and Rapid Migration (NT Build 492) tests for concrete mixes intended for use in an extremely aggressive chloride environment.

2. Establish a correlation between the chloride diffusion test results and the Bulk (TP 119) and Surface (T 358) Resistivity results obtained in contract BEE02.

Project Kickoff Teleconference

The principal investigator will schedule a kickoff meeting that shall be held within the first 30 days of task work order execution. The kickoff 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.

vi | P a g e

Embry-Riddle Aeronautical University

DocuSign Envelope ID: F7773B86-0137-4A0A-99A0-A704284B4FD6 https://www.fdot.gov/research/project-mgt-resources.shtm.

Supporting Tasks and Deliverables:

Task (1): Literature Review

The PI will review the literature related to chloride diffusion for various concrete mixes focusing on publications related to the following two topics:

1. Correlations between chloride diffusion rate and Surface and Bulk Resistivity results for different mix designs.

2. Concrete service life models based on chloride diffusion rates.

Deliverable 1: Upon completion of Task 1, the university will submit to the Research

Center at research.center@dot.state.fl.us a written technical report containing the findings of the literature review.

Task (2): Develop A Test Plan

The PI will develop a field and laboratory test plan designed to provide the data to meet the objectives. The plan should be integrated with the test plan for BEE02. The same mix designs and same concrete batches will be used for both BEE02 and this project. The plan must include the following minimum testing at 28-day standard curing:

Chloride Diffusion

• Perform bulk diffusion and rapid migration tests after 28 days of standard curing on the same concrete mix designs selected and approved for testing in contract BEE02.

• The bulk diffusion test exposure time will be 6 months.

Deliverable 2: Upon completion of Task 2, the university will submit a detailed field and laboratory sampling and testing plan to the Research Center at research.center@dot.state.fl.us. The report should detail the test methods, number of tests, and schedule of completion. The plan must be approved by the Department prior to performing any testing.

Task (3): Execute the Approved Test Plan

The research team will execute the approved test plan developed in Task 2. The Research

Center must at a minimum receive a deliverable every 6 months on a project. Thus, the research team will submit a written report every 6 months summarizing the lab and field test results for that period. There will be three deliverables for Task 3:

Deliverable 3a: Upon completion of first 6 months of Task 3, the university will submit a written report summarizing all field and laboratory test results of this period to the

Research Center at research.center@dot.state.fl.us.

vii | P a g e

Embry-Riddle Aeronautical University

DocuSign Envelope ID: F7773B86-0137-4A0A-99A0-A704284B4FD6 mailto:research.center@dot.state.fl.us mailto:research.center@dot.state.fl.us

Deliverable 3b: Upon completion of second 6 months of Task 3, the university will submit a written report summarizing all field and laboratory test results of this period to the Research Center at research.center@dot.state.fl.us.

Deliverable 3c: Upon the completion of Task 3, the university will submit a written report summarizing all field and laboratory test results to the Research

Center at research.center@dot.state.fl.us.

Task (4): Analysis of Data, Drawing Conclusions, Making Recommendations

The research team will analyze the test results, formulate conclusions, and develop initial recommendations.

Deliverable 4: Upon completion of Task 4, the university will submit a written report and presentation to the Department summarizing analysis, preliminary conclusions, and initial recommendations. A one-hour webinar will be prepared and presented to the

Technical Review Committee. A copy of the presentation and the written report will be submitted to the Research Center at research.center@dot.state.fl.us.

Task (5): Draft Final and Closeout Teleconference

Deliverable 5a: Ninety (90) days prior to the end date of the task work order, the university 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 report will contain:

1. Compilation of deliverables 1 through 4.

2. Conclusions on correlations between chloride diffusion rates and SR and BR results for concrete mixes designed for an extremely aggressive chloride environment.

The draft final and final reports must follow the Guidelines for University Presentation and Publication of Research available at https://www.fdot.gov/research/project-mgt-resources.shtm.

The draft final and final report must also follow the FDOT Research Final Report Style

Guide provided 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 5b: Thirty (30) days prior to the end date of the task work order, the principal investigator 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.

viii | P a g e

Embry-Riddle Aeronautical University

DocuSign Envelope ID: F7773B86-0137-4A0A-99A0-A704284B4FD6 mailto:research.center@dot.state.fl.us mailto:research.center@dot.state.fl.us mailto:research.center@dot.state.fl.us mailto:research.center@dot.state.fl.us 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

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 (6) Final Report

Deliverable 6: Upon Department approval of the draft final report, the university 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.

Use of Subcontractor(s)

No subcontractor will be used for this project.

Use of Graduate Student(s) and other Research Assistants

One graduate student will be working on this project. His/her duties include conducting literature review, developing lab and field testing plan, mixing concrete, performing various testes as specified in this project, conducting data analysis and writing the lab reports. The undergraduate student assistants will also be working on this project. They will help the graduate assistant on various tasks including mixing concrete and performing various tests. The undergraduate student assistants will be hired as hourly paid.

Equipment

No equipment will be purchased.

Expenses

For this project, to comply with ASTM C1556 and NT Build 492, materials, chemicals, and consumables are needed including Calcium Hydroxide, Sodium Chloride, two-component Polyurethane or Epoxy-resin based paint, polyethylene bags, plastic containers, silver nitrate solution, etc.

Travel

The research team will travel to the construction sites to pick up samples for testing. These construction sites will be selected by the FDOT using similar mix designs used as in the laboratory testing. The PI and/or the research assistants will travel to these selected construction sites. Although the actual travel duration depends on the location of the construction sites, it is expected to be a one day trip.

ix | P a g e

Embry-Riddle Aeronautical University

DocuSign Envelope ID: F7773B86-0137-4A0A-99A0-A704284B4FD6

All travel shall be in accordance with Section 112.061, Florida Statutes. Travel expenses specifically authorized in the agreement shall be submitted using the

Department’s Travel Form No. 300-000-06, unless the university provides proof of the

Department of Financial Services approval to use an alternate travel form. The

Department shall not compensate the University for lodging/hotel in excess of $175.00 per day (excluding taxes and fees).

The maximum amount of travel is limited to $2,000. The maximum amount of indirect cost on travel is limited to $500.00.

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.

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 x | P a g e

Embry-Riddle Aeronautical University

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.”

xi | P a g e

Embry-Riddle Aeronautical University

Deliverables Schedule

Note: this document will be used by the Research Center to monitor principal investigator (PI) performance and activity on the project. The PI should give careful consideration to the time needed to complete a task(s) and deliverable(s) against current workload. Failure to submit deliverables in a timely manner may result in cancelation of the task work order.

Remember to include kick-off teleconference, submittal of draft final report, closeout teleconference and final report. The Research Center must at a minimum receive a deliverable every 6 months on a project. Failure to submit deliverables in a timely manner may result in cancelation of the task work order.

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)

Kickoff Teleconference 06/2023

Deliverable (1), Task 1 – Literature Review 07/2023

Deliverable (2), Task 2 – Develop a Test Plan 08/2023

Deliverable (3a), Task 3 – Execute the Approved Test

Plan, 1st report

02/2024

Deliverable (3b), Task 3 – Execute the Approved Test

Plan, 2nd report

08/2024

Deliverable (3c), Task 3 – Execute the Approved

Test Plan, 3rd report

12/2024

Deliverable (4), Task 4 – Analysis of Data, Drawing Conclusions, Making Recommendations

04/2025

Deliverable (5a), Task 5 – Draft Final Report 06/2025

Deliverable (5b), Task 5 – Closeout Teleconference 08/2025

Deliverable (6), Task 6 – Final Report 09/2025 xii | P a g e

Embry-Riddle Aeronautical University

Exhibit B – Method of Compensation

BED32 TWO 977-01

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 $81,112.00. The Maximum Amount consists of the following amounts:

Deliverable 1 (Lump Sum) $ 7,236.00

Deliverable 2 (Lump Sum) $14,473.00

Deliverable 3a (Lump Sum) $16,261.00

Deliverable 3b (Lump Sum) $11,261.00

Deliverable 3c (Lump Sum) $ 7,673.00

Deliverable 4 (Lump Sum) $14,472.00

Deliverable 5a (Lump Sum) $ 3,618.00

Deliverable 6 (Lump Sum) $ 3,618.00

Travel (Maximum Amount) $ 2,000.00

Travel Indirect Cost 25% (Maximum Amount) $500.00

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.

Payment for travel and indirect cost on travel shall be made to the University on the basis of actual allowable cost incurred as authorized and approved by the Department.

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.

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

BED32

6/7/2023

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 6/7/2023

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55220000977

Expansion Option: A4

Object Code: 132600

Amount: $81,112.00

Financial Project: 4423251B201

Work Activity (FCT): 770

CFDA:

Fiscal Year: 2023

Budget Entity: 55150200

Category/Category Year: 088857/23

Amendment ID: W001

Sequence: 00

User Assigned ID: 977-01

Enc Line (6s)/Status: 0001/04

Total Amount: $81,112.00

Contract: BED32

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

Vendor Name: EMBRY-RIDDLE AERONAUTICAL UNIVE

Vendor ID: F590936101003

Beginning Date of This Agreement: 03/21/2022

Ending Date of This Agreement: 03/20/2032

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

375-040-40

PROCUREMENT

08/20

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # BED32

TWO 977-01

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

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

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).