CN-550000-BEE76-W0010000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TASK WORK ORDER FOR

MASTER UNIVERSITY AGREEMENT

375-040-80

PROCUREMENT

OGC 07/14

Master Agreement #:

BEE76

Cost Center # - Task Work Order #:

977 - 01

University:

University of Miami

Task Work Order Description:

Waterline Pile Cap Footings for Bridges Using Large Diameter FRP Reinforcing - Material Characterization and Design

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:

4/30/2025 or the end date of the Master Agreement, whichever occurs first.

For the required services, compensation shall be $ 99,962.50 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: 23F1ACCF-7EF2-437A-8AC8-1BE219D3F493

04/22/2024 | 4:00 PM EDT

Exhibit A Scope of Service

Project Title: Waterline Pile Cap Footings for Bridges using Large Diameter FRP Reinforcing Material Characterization and Design

Principal Investigator: Dr. Antonio Nanni

University of Miami

Department of Civil & Architectural Engineering

1251 Memorial Drive, McArthur Engineering Building, Rm. 325

Coral Gables, FL 33146-0630 nanni@miami.edu

(305) 284-3461

DSR Administrative Contact: Fields, Michelle Elaine

University of Miami

Director, Sponsored Programs, College of Engineering m.fields@miami.edu

(305) 284-2908

Project Manager: Steven Nolan

State Structures Design Office

605 Suwannee St, Tallahassee, FL 32399 steven.nolan@dot.state.fl.us

(850) 414-4272

Background Statement

In the state of Florida, the most critical zone for corrosion of steel reinforcing in coastal bridges is within the tidal zone. Waterline pile cap footings supporting bridge piers and columns are intentionally located in this zone to protect the piling from corrosion but are currently not designed with fiber-reinforce polymer (FRP) reinforcing. If corrosion damage and deterioration occur, the repair is costly and time consuming. FRP reinforcing bars are corrosion resistant and so repair costs could be avoided if they are used for original construction of the waterline pile cap. Pile cap footings are often very large and thick elements with large loads requiring large diameter reinforcing bars. Traditionally, pile cap footings are reinforced with bars up to #11, but no standard for accepting #11 FRP bars currently exists.

The current AASHTO LRFD Bridge Design Guide Specifications for GFRP Reinforced Concrete

(2nd Edition, 2018) allows for the design of pile cap footings using GFRP bars, consequently removing the concern for corrosion deterioration. However, before implementation of this practice, the design of a typical waterline pile cap footing is needed to demonstrate implementation is possible and practical with only the current maximum bar sizes (#10 straight bars and #8 bent bars), but also develop design guidance and material acceptance criteria for bent #9, #10, and #11 bars, and straight #11 bars for more demanding applications as deployment of GFRP-RC foundations accelerate.

Project Objective(s)

1. Identify any further research required to facilitate the use of straight FRP bars larger than

#10 diameter and bent FRP bars larger than #8 diameter in waterline pile cap footings.

2. Develop Material Acceptance and Design Specifications for #11 Basalt & Glass FRP reinforcing bars.

3. Develop Material Acceptance and Design Specifications for bent Basalt & Glass FRP reinforcing bars greater than #8 (1-inch nominal diameter).

4. Develop design examples of typical pile cap footings to assist implementation on future bridge foundation projects with the goal of improving durability for a longer service life.

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.

Supporting Tasks and Deliverables:

All deliverable(s) must be submitted to the Research Center at research.center@dot.state.fl.us and contain the contract number, task work order number, and deliverable number identified in the scope.

Task 1: Literature Review Research and Design Applications of Large (greater than #10)

FRP Reinforcing bars

Analyze and document information on relevant academic and manufacturer research studies that nominal including achievable tensile strength, elastic modulus, endurance properties, and tensile development and lap splice lengths. List international design guides or specifications and the associate design, material and construction provisions

. Identify bridge foundation design examples using steel reinforcing that could be modified to substitute FRP reinforcing with a preference for recently completed FDOT structures less than 2-years old or current design projects with Structures Plans at or beyond 60% completion, not yet under construction. The Project Manager will provide bridge substructure plans and comparison calculations with steel-RC pile supported waterline footings for at least two bridges, for use by the research team by the kick-off meeting.

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 from academic and manufacturer s published research, a summary of gaps in existing research for large FRP bars, and a list of bridge foundation projects that will be candidates for developing two or three FRP reinforced concrete foundation design examples.

Task 2: Test Plan for #11 Bar Mechanical Characterization

Develop a testing plan for #11 BFRP & GFRP reinforcing bar physio-mechanical properties including tensile strength, bond strength, bent bar strength compatible with ASTM D8505-22 and proposed bent bar testing protocols, potentially different from ASTM D7957-17.

Deliverable 2: Upon completion of Task 2, the University will submit to the Research Center at research.center@dot.state.fl.us a written technical report containing the test plan including the number of manufacturers, number of specimens per manufacturer, and the bent bar test procedure.

It is noted that this deliverable is not a product evaluation.

Task 3: Physio-Mechanical Testing #11 Bars

Execute the approved Test Plan from Task 2, and report results for evaluation and identify achievable mechanical design properties for Task 5.

Deliverable 3: Upon completion of Task 3, the University will submit to the Research Center at research.center@dot.state.fl.us a written technical report containing the detailed test results and recommended design properties for inclusion in FDOT Standard Specification 932.

Task 4: Curate and Compare Existing Designs for Pile Footings in Marine Locations

With the assistance of the Project Manager, collect and curate existing FDOT bridge designs for waterline pile caps located in the marine environment splash zone as defined by the FDOT Structures Design Guidelines 1.3. These designs are intended to be used as candidates for developing comparative designs using FRP reinforced concrete design under Task 5.

Deliverable 4: Upon completion of Task 4, the University will submit to the Research Center at research.center@dot.state.fl.us a report summarizing the findings of selected new existing or future pile supported waterline footings for bridges in marine environments.

Task 5: Prepare Design Example and Mathcad Worksheet for Pile Footing Design

Prepare at least two comparative designs for FRP reinforcing waterline pile cap footings identified under Task 4. Develop a Mathcad Prime 8 worksheet(s) for streamlining the pile cap footing design and tabulate comparisons between conventional steel-reinforced pile cap footings. It is preferable that the Mathcad worksheet(s) work also serve as a preprocessor and post-processor for input and output from FB-MultiPier for a single pier analysis and AASHTO LRFD Service and Strength Limit States.

Deliverable 5: Upon completion of Task 5, the University will submit to the Research Center at research.center@dot.state.fl.us a detailed report summarizing the example calculations and comparison the existing conventional reinforcing designs. Complete calculation design examples shall be compiled in an Appendix for the Deliverable and Final Reports. The Mathcad worksheet(s) shall be uploaded in native format to the Research Center share service (currently Kiteworks).

Task 6: Draft Final and Closeout Teleconference

Deliverable 6a: Ninety (90) days before the end date of the task work order, the university will submit a draft final report in PDF and Word formats to research.center@dot.state.fl.us.

The draft final report will contain chapters based on the Deliverable reports in Tasks 1 through 5, with an Introductory and Conclusion chapter summarizing the needs for this research and the teams selected approach, and the findings and recommendations, respectively. Appendices will contain two completed design examples suitable for publishing on the Structures Design Office website and the associated electronic design tool worksheet.

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 6b: Thirty (30) days before 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.

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 the next steps.

Task 7 Final Report

Deliverable 7: 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)

A subcontractor will not be used.

Use of Graduate Student(s) and other Research Assistants

One graduate student assistant will be hired to work on the project for one year. Under the supervision of the PI and Co-PI, the graduate student assistant will contribute to all the tasks of the project with particular emphasis on Task 4 and 5.

Equipment

No equipment will be purchased.

Expenses

Expenses included in the budget for Material/Supplies ($3,370.00) will be used to cover consumable materials and supplies needed for specimen preparation and testing, such as plywood for formwork, concrete, material handling supplies, cutting blades, expansive grout, and steel anchors.

Travel

Travel is not required.

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 before 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, and 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

For the purposes of this task work order, the publication terms outlined in section 16 entitled "Publication Provisions" of the Master University Agreement, Agreement Number BEE76, shall apply.

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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)

Kickoff Meeting 04/2024 Deliverable 1 Literature Review Research and Design Applications of Large (greater than #10) FRP Reinforcing bars (Task 1)

07/2024

Deliverable 2 Test Plan for #11 Bar Mechanical Characterization (Task 2)

08/2024

Deliverable 3 Physio-Mechanical Testing #11 Bars (Task 3)

12/2024

Deliverable 4 Curate and Compare Existing Designs for Pile Footings in Marine Locations (Task 4)

09/2024

Deliverable 5 Prepare Design Example and Mathcad Worksheet for Pile Footing Design

12/2024

Deliverable 6a - Draft Final Report 01/2025 Deliverable 6b Closeout Teleconference 03/2025 Deliverable 7 Final Report 04/2025

* - By end of the month

Failure to submit deliverables promptly may result in the cancellation of the task work order.

Exhibit B Method of Compensation

BEE76 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 $99,962.50. The Maximum Amount consists of the following amounts:

Deliverable 1 (Lump Sum) $ 5,893.75 Deliverable 2 (Lump Sum) $ 2,918.75 Deliverable 3 (Lump Sum) $31,875.00 Deliverable 4 (Lump Sum) $13,062.50 Deliverable 5 (Lump Sum) $19,750.00 Deliverable 6a (Lump Sum) $22,275.00 Deliverable 7 (Lump Sum) $ 4,187.50

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.

FLORIDA DEPARTMENT OF TRANSPORTATION

FUNDS APPROVAL

BEE76

4/5/2024

CONTRACT INFORMATION

FUNDS APPROVAL INFORMATION

FUNDS APPROVED/REVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 4/5/2024

Action: Task Work Order

Reviewed or Approved: APPROVED

Organization Code: 55220000977

Expansion Option: A4

Object Code: 132600

Amount: $99,962.50

Financial Project: 4443251B201

Work Activity (FCT): 770

CFDA:

Fiscal Year: 2024

Budget Entity: 55150200

Category/Category Year: 088857/24

Amendment ID: W001

Sequence: 00

User Assigned ID: 977-01

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

Total Amount: $99,962.50

Contract: BEE76

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

Vendor Name: UNIVERSITY OF MIAMI

Vendor ID: F590624458085

Beginning Date of This Agreement: 12/12/2022

Ending Date of This Agreement: 11/30/2032

Contract Total/Budgetary Ceiling:

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

Description: Master University Agreement

Page1 of 1

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

375-040-40

PROCUREMENT

09/23

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # BEE76

TWO 977-01

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest

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. D , 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

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.

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

09/23

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 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 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 : 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 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

09/23

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 -1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-

-1965 Comp., p. 339), as amended by Executive

(where applicable).

S. Clean Air Act: The Contractor agrees to comply with applicable standards, orders or regulations issued pursuant to Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to the Department of Transportation (Department) and understands and agrees that the Department will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

T. Federal Water Pollution Control Act: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.

1251 et seq.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

U. Byrd Anti-Lobbying: Contractors awarded a contract of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS:

(Compliance with 49CFR, Section 20.100 (b)) (1) The Contractor certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for

09/23

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

influencing or attempting to influence either directly or indirectly an officer or employee of any state or Federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities". (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The Contractor also certifies by signing this contract that the Contractor shall require the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.