3  Dale County Commission Commission Meeting Minutes- March 26, 2019  The Dale County Commission convened in a regular session Tuesday, March 26, 2019. The following members were present: Chairman Mark Blankenship; District One Commissioner Chris Carroll; District Two Commissioner Steve McKinnon; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman Blankenship called the meeting to order at 10:20am. Commissioner McKinnon opened with the Pledge of Allegiance. Commissioner Gary followed with  prayer.  APPROVED - AGENDA  Commissioner Gary made a motion to approve the agenda with the addition of a Commissioner Carroll seconded the motion, all voted aye. Motion carried.  contract with F&W Construction.  APPROVED - MEMORANDUM OF WARRANTS  Commissioner Carroll made a motion to approve the following Memorandum of  Warrants:  Accounts Payable Check Numbers 83025-83114. Payroll Check Numbers: 154548 -154549. Direct Deposit Check Numbers: 30313-30454.  Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED  MARCH1 12, 2019 MINUTES  Commissioner Wilson made a motion to approve the Minutes of the Commission Commissioner Gary seconded the motion, all voted aye. Motion carried.  Meeting on March 12, 2019.    Dale County Commission  Commission Meeting Minutes March 26, 2019  Page2of5  APPROVED - APRIL, 2019 - CHILD ABUSE PREVENTION MONTH Commissioner Gary made a motion to approve the proclamation declaring that the Commissioner Wilson seconded the motion, all voted aye. Motion carried.  month of April, 2019 be Child Abuse Prevention month.  APPROVED - BOARD APPOINTMENTS- OZARK-DALE CO SENIOR CITIZENS Commissioner McKinnon made a motion to reappoint Ms. Annie L. Locke. Also, to appoint the following: Joe Walker; Barbara Brown; Cephus Borders; and Shirley Dick.  CENTER  All appointments are for a 4-year term.  Commissioner Carrol! seconded the motion, all voted aye. Motion carried.  TABLED - COUNTY BOARD OF EQUALIZATION  Commissioner McKinnon made a motion to table the nominations for the County's Commissioner Carroll seconded the motion, all voted aye. Motion carried.  Board of Equalization.  APPROVED = EMPLOYEE TRAVEL REQUEST  Commissioner Carroll made a motion to approve the following travel request: Cheryl Ganey, ACAA Conference, May 8-9, 2019, Perdido Key, AL, $845.60. Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  APPROVED - WATERSHED MANAGEMENT AUTHORITY REQUEST Commissioner McKinnon made a motion to approve the request from the Watershed Management Authority for the Road & Bridge department to change three rain/river Commissioner Carroll seconded the motion, all voted aye. Motion carried.  gauges on State bridges.    Dale County Commission  Commission Meeting Minutes - March 26, 2019  Page3of5  APPROVED - BID - BORROW DIRT - ROAD & BRIDGE  After all bids were opened, Commissioner Gary made a motion to approve the bid to Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  Nancy Jenkins. See Exhibit 1.  APPROVED - RESOLUTION- CO ROAD47  Commissioner Gary made a motion to approve the Resolution for Project No. DCP-23-  04-19 for County Road 47. See Exhibit 2.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - AGREEMENT - HRRR BRIDGE ENDS/GUARDRALS Commissioner McKinnon made a motion to approve an agreement for Project No. HRRR-2319 and County Project No. DCP-23-08-18. See Exhibit 3. Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - RESURFACING CREEL RICHARDSONRD,.  Commissioner Carroll made a motion to approve the resurfacing of Creel Richardson Commissioner McKinnon seconded the motion, all voted aye. Motion carried,  Road. See Exhibit 4.  APPROVED = SOLICIT BIDS = TIMBER MANAGEMENT  Commissioner Gary made a motion to approve the solicitation of bids for timber Commissioner Wilson seconded the motion, all voted aye. Motion carried.  management.    Dale County Commission  Commission Meeting Minutes- March 26, 2019  Page4of5  APPROVED - CONTRACT - CORD 560  Commissioner Gary made a motion to approve the contract for Project No DCP 23-06-  16, Co Road 560. See Exhibit 5.  Commissioner Wilson seconded the motion, all voted aye. Motion carried,  APPROVED - EXECUTIVE SESSION  Commissioner Carroll made a motion to approve going into Executive Session for the reason of Matter of Commerce or Trade. Also, that the Commission will reconvene after Commissioner McKinnon seconded the motion, all voted aye. Motion carried.  the Executive Session.  APPROVED = RECONVENE COMMISSION MEETING  Commissioner Wilson made a motion to reconvene the Commission Meeting. Commissioner Gary seconded the motion, all voted aye. Motion carried. Chairman Blankenship called the meeting to order at 11:30am.  APPROVED - ECONOMIC DEVELOPMENT FUNDING  Commissioner Carroll made a motion for approve the following expenditures from the  Lodging Tax monies, Fund 110:  1) $100,000 to be paid directly to Project Jeep for renovations and moving expenses. The $100,000 would be refunded to the Dale County Commission ifProject Jeep fails to relocate to Ozark/Dale County. $50,000 to be paid to the City of Ozark to go towards the required repairs of the building. 2) Approve a $35,000 lodging tax incentive to be paid to the City of Ariton at the  start of the downtown demolition.  Commissioner McKinnon seconded the motion, all voted aye. Motion carried.    Dale County Commission  Commission Meeting Minutes - March 26, 2019  Pages 50f5  ANNOUNCEMENT = NEXT REGULAR MEETING  Chairman Blankenship announced that the next regular meeting of the Dale County  Commission will be Tuesday, April 9, 2019 at 10:00am.  ADJOURNMENTE CONFIRMATORY: STATEMENT  Commission Carroll made a motion to adjour the meeting. Commissioner McKinnon Iti is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  seconded the motion. All voted aye. Motion carried.  A  i  Mark Blankenship, Commission Chairman    Exhibit 1  Dale Coumty Road and Bridgre  202S. Hwy 123, Suite A Ozark, Alabama 36360  Telephone (334),774-5875 Fax (334)774-6899  Derek S. Brewer, P.E. County Engineer Drew Meacham, P.E. Assistant Engineer  MEMORANDUM Date: March 26, 2019 To: Dale County Commission From: Derek Brewer County Engineer Re: Borrow Excavation  After a careful review of the bids, iti is the recommendation of the Dale County Engineering  Department to award the Borrow Excavation bid as follows:  FOB Quarry: (Picked-up) Nancy Jenkins 1925 County Rd. 49 Midland City, AL 36350  SEE. ATTACHED SHEET FOR BREAKDOWN    Exhibit1 1   sA    Exhibit 2  RESOLUTION  COUNTY OF DALE STATE OF ALABAMA  Project No. DCP-23-04-19  WHEREAS, the County Commission of Dale County, Alabama, is desirous of constructing or improving, by force account, by contract or both, roads included in the Dale  County Road System and described as follows:  Patching, Spot Leveling, Surface Treatment, Resurfacing, and Striping on County Road 47 from the Houston County Line Northwest along County Road 47 to the intersection of WHEREAS, the County agrees to all of the provisions of the Countywide agreement executed between the State and the County covering preliminary engineering by State forces  AL-134. Approximate length is 4.973 miles.  and equipment on the project, and  WHEREAS, the County agrees to all of the provisions of any agreement which has been Done at the special session of the County Commission of Dale County, this 26hdayof  executed or will be executed covering the construction of the project.  March, 2019.  Dale County Commission Governing Body a  District1  L  Chairperson  Member District2 ag  er  Meraber District  Fhe    Exhibit3  3/11/2019  2019 HRRR Guardrail & Bridge Ends  B  *  0 0.751.5 3 4.5 6  Miles    Exhibit 3  CONSTRUCTION AGREEMENT FORA PROJECT  HIGH RISK RURALI ROADS PROGRAM  BETWEENTHE STATE OF. ALABAMA DALE COUNTY COMMISSION  AND Dale County Project No. HRRR-2319( ) County Project No. DCP23-08-18 CPMS Ref# 100069567 PART ONE (1): INTRODUCTION  This Agreement is made and entered into by and between the State of Alabama (acting by and through the. Alabama Department ofTransportation), hereinafter referred to as the STATE; and the Dale County Commission, Alabama, (FEIN 63-6001505)! hereinafter referred to as the WHEREAS, the STATE and the COUNTY desire to cooperate in the installation ofe end anchors and replacement of existing metal bridge rails at BINS 12976( (CR-113), 8291 (CR-19E), and 10981 (CR-60) and installation ofend anchors at] BINS 12726 (CR-2), 12995(CR-19W),: and 3095 (CR-54); Project# HRRR-2319( );:DCP23-08-18; CPMS Ref# 100069567. ON,THENEPORE.HAmaNy agreed between the STATE and the COUNTY as  COUNTY.  follows:  PART TWO (2): FUNDING PROVISIONS  A. Project Funding: Funding for this Agreement is subject to availability of Federal Aid funds at the time ofa authorization. Cost for the project will be financed, when eligible for Federal participation, on the basis of9 90 percent High Risk Rural Roads funds (HRRR). and 10 percent COUNTY funds. Any deficiency in Federal Aid or overrun in costs will be borne by the COUNTY from COUNTY funds unless approved in writing by the STATE. In the event of an underrun in construction costs, the amount of Federal Aid funds will be the amount stated below, or 90% ofeligible costs, whichever is less. B. The estimated cost and participation by the various parties is as follows:  FUNDING SOURCE HRRR Funds County Funds  ESTIMATED COSTS $ 72,846.00 $ 8,094.00 $ 80,940.00  TOTAL (Incl CE&I & Indirect Cost)    Exhibit3  Iti is further understood that this is a cost reimbursement program and no federal funds will be provided to the COUNTY prior to accomplishment oft the work for which it is requested. Furthermore, no federal funds willl be reimbursed for work performed priorto Any cost incurred by the COUNTY relating to this project which is determined to be ineligible for reimbursement by the Federall Highway Administration (FHWA) orin excess oft the limiting amounts previously stated will not be an eligible cost to the project Time] Limit: This project will commence upon written authorization to proceed from the The approved allocation of funds forj projects containing Industrial Access funds shall lapse ifac contract has not been awarded for construction oft the project within (12) months oft the date oft the funding approval by the Board and the approved allocation shall be returned tot the IARB fori re-allocation. A time extension may be approved by the The approved allocation of funds for projects containing Federal Transportation Alternatives Set-Aside funds may lapse ifap project has not been authorized by FHWA within (24), months ofthe date oft the funding approval by the Governor and the approved allocation shall be returned to the STATE: for re-allocation. A time extension may be approved by the STATE upon formal request by the applicant. Failure to meet other project milestones, as set forth int the' TAP Guidelines, may result in an approved  project authorization.  and will be borne and paid by the COUNTY. STATE directed toi the COUNTY.  IARB upon formal request by the applicant.  allocation being returned to the STATE.  PART THREE (3): PROJECT SERVICES  A. The COUNTY will furnish all Right-of-Way for the project. Associated Right-of-Way acquisition costs will not be an eligible cost to the Project. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the cost of All work accomplished under the provisions of this agreement will be accomplished on property, owned by or which will be acquired by the COUNTY in accordance with applicable Federal and state laws, regulations, and procedures. Any exceptions to this requirement must be approved by the STATE in writing prior to incurring costs for which reimbursement is requested by the COUNTY. In cases where property is leased or easements obtained, the terms ofthe lease or easement will not be less than the expected Acquisition ofreal property by the COUNTY as a part oft this project will conform to and be in accordance with the provisions ofthe Federal Uniform Relocation Assistance & Real Property Acquisition Policies Act (49 CFR: 24, Subpart B), all federal environmental Any property acquired shall be in the name oft the COUNTY with any condemnation or The COUNTY shall follow all Federal regulations related to thel Management, Leasing, and Disposal ofl Right-of-Way, uneconomic remnants and excess Right-of-Way as found in CFR235710 Subpart D. Proceeds for Leases and Disposals shall be credited to the No change in use or ownership of real property, acquired ori improved with funds provided under the terms oft this Agreement will bej permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on aj prorata share, as provided in Part Two, Section B, any revenues received by the COUNTY from B. The COUNTY will adjust and/or relocate all Utilities in conflict with the project improvements. Associated Utility costs will not be an eligible cost to the project.  acquisition incurred.  life oft the improvements.  laws, and all other applicable state and federal laws. other legal proceedings being performed by the COUNTY.  Project or to the Title 23 Collector Account.  the sale orl lease of property.  2    Exhibit3 3  The COUNTY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations, and procedures. C. The COUNTY will make the Survey, perform the Design, complete the Plans and furnish alll Preliminary Engineering for the project with COUNTY forces or with a consultant approved by the STATE. Associated Survey, Design, Plan Preparation, and Preliminary Ifa any Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs are an eligible cost to the project, the COUNTY will develop and submit to the STATEa project budget for approval. This budget will be in such form and detail as may be required by the STATE. Ataminimum, all major work activities will be described and an estimated cost and source off funds will be indicated for each activity. A signature line will be provided for approval by the Region Engineer and date of such approval. All cost for which the COUNTY seeks reimbursement must be included in a budget approved by the STATE in order tol be considered for reimbursement. Budget adjustments may be necessary and may be allowed, subject to the approval of the STATE in writing, in order tos successfully carry out the project. However, under no circumstances will the COUNTY be reimbursed for expenditures over and beyond the amount approved by the The COUNTY will undertake the project in accordance with this Agreement, plans approved by the STATE and the requirements, and provisions, including the documents relating thereto, developed by the COUNTY and approved by the STATE. The plans, including the documents relating thereto, is of record in the Alabama Department of Transportation and is hereby incorporated in and made aj part ofthis Agreement by reference. Itist understood' by the COUNTY that failure of the COUNTY to carry out the project in accordance with this Agreement and approved plans, including documents related thereto, may result int the loss of federal funding and the refund of any federal Projects containing Industrial Access funds or State funds, with no Federal funds involved, shall have completed original plans furnished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industrial. Access Funded County and City Projects, and attached hereto as aj part oft this Agreement prior D. The COUNTY will furnish all construction engineering for the project with COUNTY forces or with a consultant approved by the STATE as part oft the cost oft the project. Construction Engineering & Inspection cost are not to exceed 15%, without prior approval by the State. Associated Construction Engineering & Inspection costs will be an E. The STATE will furnish the necessary inspection and testing of materials when needed as part oft the cost oft the project. The COUNTY may request the use of an approved third- party materials inspection and testing provider, as approved by the STATE.  Engineering costs will not be an eligible cost to the project.  STATE.  funds previously received on the project.  tot the COUNTY letting the contract.  eligible cost to the project.  PART FOUR (4): CONTRACT PROVISIONS  A. The COUNTY shall not proceed with any project work covered under the provisions of this Agreement until the STATE issues written authorization to the COUNTY to proceed. B. Associated Construction cost will be an eligible cost to the project. For projects let to contract by the STATE, the STATE will be responsible for advertisement and receipt ofbids, and the award oft the Contract. Following the receipt of bids and prior to the award oft the Contract, the STATE will invoice the COUNTY for its pro rata share oft the estimated cost as reflected by the bid ofthe successful bidder plus Engineering & Inspection and Indirect Costs (if applicable). The COUNTY shall pay this amount to the STATE no later than 30 days after the date bids are opened. Failure to do  sO may lead to the rejection of the bid.  3    Exhibit3  For projects let to contract by the COUNTY, the COUNTY shall comply with all Federal and State laws, rules, regulations and procedures applicable toi the advertisement, receipt ofbids, and the award oft the contract. The COUNTY will, when authorized by the STATE, solicit bids and make awards for construction and/or services pursuant to this agreement. The COUNTY shall not solicit bids until the entire bid package (plans, specifications, estimates, etc.) has been reviewed and approved byt the STATE. Following receipt ofb bids, the COUNTY will provide alll bids to the STATE with: a recommendation for award. The COUNTY shall not award the contract until it has For projects with approval by the STATE to use COUNTY Forces, the Construction for the project will bej performed by the COUNTY at actual costs for labor, materials, and The purchase ofj project equipment and/or services financed in whole or inj part pursuant to this Agreement will bei in accordance with applicable Federal and State laws, rules, regulations, and procedures, including state competitive bidding requirements applicable toc counties and municipalities in the State of Alabama when the purchase is made byany C. Ifnecessary, the COUNTY will file an Alabama Department of Environmental Management (ADEM)National Pollutant Discharge Elimination System (NPDES) Notice of Registration (NOR)(Code Chapter 335-6-12) for this project without cost to the State or this project. The COUNTY will be the permittee ofrecord with ADEM for the permit. The COUNTYand the contractor will be responsible for compliance with the permit and the State will have no obligation regarding the permit. The COUNTY will furnish the State (Region)ac copy of the permit prior to any work being performed by the The COUNTY will secure all permits and licenses ofevery nature and description applicable to the project in any. manner, and will conform to and comply with the requirements ofa any such permit or license, and with each and every requirement ofany and all agencies, and of any and all lawful authorities havingjurisdiction or requirements D. The COUNTY will comply with the Alabama Department ofTransportation Standard Specifications for Highway Construction, Latest Edition, on this project and will ensure that work associated on this project meets the standards ofthe Alabama Department of Transportation and the project will be built in accordance with the approved plans. E. The COUNTY shall be responsible at all times for all ofthe work performed under this agreement and, as provided in Ala. Code $ 11-93-2 (1975), the COUNTY shall indemnify and hold harmless the State ofA Alabama, The Alabama Department of Transportation, its officers, officials, agents, servants, and employees. For all claims not subject to Ala. Code $ 11-93-2(1975), the COUNTY shall indemnify and hold harmless the State of Alabama, the Alabama Department ofTransportation, its officers, officials, agents, servants, and employees from and against any and all damages, claims, loss, liabilities, attorney's fees or expense whatsoever or any amount paid in compromise thereofarising out of, connected with, or related to the (I) work performed under this Agreement, (2) the provision ofany services or expenditure off funds required, authorized, or undertaken by the COUNTY pursuant to the terms of this agreement, or (3) misuse, misappropriation, misapplication, or misexpenditure of any source of funding, compensation or reimbursement by the COUNTY, its officers, officials, agents, servants, F. The COUNTY will be obligated for the payment of damages occasioned to private property, public utilities or the general public, caused by the legal liability (in accordance with Alabama and/or Federal law) ofthe COUNTY, its agents, servants, employees or  received written approval from the STATE. equipment, as approved by the STATE.  such entity.  contractor.  applicable to the project or to the project activities.  and employees. facilities.  4    Exhibit3 3  G. Upon completion. and acceptance oft this project by the State, the COUNTY will assume fullo ownership and responsibility for the project work and maintain thej project in accordance with applicable State law and comply with the Department'sLocal Road  Maintenance Certification Policy.  PART FIVE (5): ACCOUNTING PROVISIONS  A. The COUNTY will, when appropriate, submit reimbursement invoices to the STATE for work performed in carrying out the terms ofthis Agreement. Requests for reimbursement will be made on forms provided by the STATE: and will be submitted through the Region Engineer for payment. The COUNTY may invoice the STATE not more often than once perr month for the funds due for work performed under this Agreement. Invoices for payment will be submitted in accordance with state law and will indicate that the payment is due, true, correct, unpaid, and the invoice will be notarized. Invoices for any work performed under the terms ofthis agreement will be submitted within twelve (12) months after the completion and acceptance by the STATE for the work. Any invoices submitted after this twelve-month period will not be eligible for payment. B. The COUNTY will not assign any portion oft the work to be performed under this Agreement or execute any. contract, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this C. The COUNTY will establish and maintain a cost accounting system that must be adequate and acceptable to the STATE as determined by the auditor oft the STATE. All charges to the Project will be: supported by properly executedi invoices, contracts, or vouchers, as applicable, evidencing inj proper detail the nature and propriety of the charges, in accordance with the requirements oft the STATE. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the project will be clearlyi identified, readily accessible and to the maximum extent The COUNTY will report to the STATE the progress oft the project in such manner as the STATE may require. The COUNTY will also provide the STATE any information requested by the STATEr regarding the project. The COUNTY will submit to the STATE financial statements, data, records, contracts and other documents and items ofany respect related to the project as may be requested by the STATE. The COUNTY will permit the STATE, the Comptroller General of the United States, and the SeerlayofteUSDOT, or either oft them or their respective authorized representatives, to inspect, at any time, vehicles and equipment utilized or used in performance oft the project; any and all data and records which in any way relate to the project ort to the accomplishment oft the project. The COUNTY will also permit the above noted persons to audit the books, records and accounts pertaining to the project at any and all times, and the COUNTY will give its full cooperation to those persons or The COUNTY will comply with all audit requirements set forth in the 2 CFR Part 200 requirements, or the most current version oft those requirements under federal law. D. The COUNTY will retain all books, records, and other documents relative to this Agreement for a minimum oft three (3)years after project termination, expiration of Federal interest, or close out, and the STATE, the Comptroller General of the United States, and the Secretary oft the USDOT, or either of them or their respective authorized representatives, will have full access to, and right to examine any ofs said materials at all E. Any user fee or charge to the public for access to any property or services provided through the funds made available under this agreement, ift not prohibited byal Federal, State or local law, must be applied for the maintenance and long-term upkeep oft the  Agreement, without the prior written approval oft the STATE.  feasible, kept separate and apart from all other such documents.  their authorized representatives, as applicable.  reasonable times during said period.  project authorized by this agreement.  5    Exhibit3  F. An audit report must be filed with the Department of Examiners ofPublic Accounts, upon receipt by the COUNTY, for: any audit performed on this project in accordance with  Actl No. 94-414.  PART SIX (6): MISCELLANEOUS PROVISIONS  A. Bye entering into this agreement, the COUNTY is not an agent ofthe STATE, its officers, employees, agents or assigns. The COUNTY: is an independent entity from the STATE and nothing in this agreement creates an agency relationship between the parties. B. Iti is agreed that the terms and commitments contained in this agreement shall not be constituted as a debt ofthe State of Alabama in violation of Article 11, Section 213 ofthe Constitution of Alabama, 1901, as amended by Amendment 26. Itis further agreed that if any provision ofthis agreement shall contravene any statute or Constitutional provision ora amendment, either now in effect or which may, during the course ofthis agreement, be enacted, then the conflicting provision in this agreement shall be deemed null and void. C.B Bys signing this contract, the contracting parties affirm, for the duration oft the agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation ofthis provision shall be deemed in breach oft the agreement and shall be responsible for all damages resulting D. No member, officer, or employee oft the COUNTY during their tenure of employment, and for one year thereafter shall have any interest, direct ori indirect, in this Agreement or E. The terms ofthis Agreement may be modified by revision oft this Agreement duly F. This agreement may be terminated by either party upon the delivery ofai thirty (30) day G. Nothing shall be construed under the terms of this Agreement that shall cause any H. Exhibits A, E,H, M, and N are hereby attached to and made aj part ofthis Agreement.  therefrom.  the proceeds, profits, or benefits therefrom. executed by the parties hereto. notice oft termination.  conflict with Section 23-1-63, Code of Alabama, 1975.    Exhibit3  IN WITNESS WHEREOF, the parties hereto have caused this Agreement tol be executed by those officers, officials and persons duly authorized to execute. same, and the. Agreement isd deemed to be dated and to be effective on the date hereinafter stated as the date ofits  approval by the Governor of Alabama.  ATTEST:  Dale County, Alabama  By:  By:  a Mi As Chairman (Signature) MAB Blanensp Type Name of Chairman  Clerk( of Clerk Chesyl Name Type (AFFIX SEAL)  dG4  bay  This agreement has been legally reviewed and approved as to form and content.  By:  William F. Patty, Chief Counsel  RECOMMENDED FOR APPROVAL:  D.E. (Ed) Phillips, P.E. State Local Transportation Engineer  Don T. Arkle, P.E. Chief Engineer  STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION  John R. Cooper, Transportation Director  THE WITHIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND  SIGNED BY THE GOVERNOR ON' THIS  DAYOF  ,20  KAYIVEY 7  GOVERNOR, STATE OF ALABAMA    Exchibit. 3  RESOLUTIONNUMBEK  BEI ITRESOLVED, by the Dale County Commission as follows: Alabama Department ofTransportation relating to aj project for:  That the County enter into an agreement with the State of Alabama, acting by and through the Installation of end anchors and replacement of existing metal bridge rails at BINS 12976 (CR-113), 8291 (CR-19E), a and 10981 (CR-60) and installation of end anchors at] BINS 12726 CR3,12995/CR-19W), and 3095 (CR-54); Project# HRRR-2319( ); DCP23-08- Which agreement is before this Commission, and that the agreement be executed ini the name of the County, by, the Chairman for and on its behalfa and that it be attested by the County Clerk and BEI IT FURTHER RESOLVED, that upon the completion oft the execution ofthe agreement by I,t the undersigned qualified and acting Clerk of Dale County, Alabama, do hereby, certify that the above and foregoing is at true copy ofar resolution lawfully passed and adopted by the County AArch 20_/9,andt that such resolution is on file in the County Clerk'sOffice.  18; CPMS Ref# 100069567;  the official seal oft the County be affixed thereto.  all parties, that a copy ofs such agreement be kept on file by the County.  named therein, at a regular meeting ofs such Commission held on the  day of  ATTESTI  -  lel  County Clerk 2l-dyo the Minute  Chairman  By  20 19 and that such resolution is oft record in  Kodea Rh  IN WITNESS WHEREOF, Ihave hereunto set my hahd and affixggthe official seal ofthe  County on this 2dayof mAlas - ,20 7  - hey Court  (AFFIX SEAL)  8    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT. A  PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- Policy. It is the policy oft the U.S. Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this AGREEMENT. Consequently, the DBE requirements of 49 CFR Part 26 apply to this DBEOblieation. The recipient of funds under the terms oft this AGREEMENT agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or inpart with Federal funds provided under this agreement. The recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to see that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate on thel basis ofrace, color,national origin, or sex ini the award and pertormance ofU.S. Department Failure of the recipient of funds under the terms of this AGREEMENT, or failure of its subcontractor (if a subcontractor is authorized) to carry out the DBE requirements of this AGREEMENTshal. constitute a breach of contract, and may result in termination oft the contract by the STATE, or such other remedy may be undertaken by the STATE: as it deems appropriate.  AID PROGRAM  AGREEMENT.  ofTransportation assisted contracts.    Exhibit3  STD CONTRACTEXIIBITS  REV. 9/19/16  EXHIBITE  TERMINATION OR ABANDONMENT  a. The STATE has the right to abandon the work or to amend its project at any time, and such action on its part shall in no event be deemed al breach of contract. b. The STATEh has the right to terminate this AGREEMENTati its sole discretion without cause and make settlement with the COUNTY upon an equitable basis. The value of the work performed by the COUNTY prior to the termination oft this AGREEMENT shall be determined. In determining the value of the work performed, the STATE 1. The ratio of the amount of work performed by the COUNTY prior to the termination ofthe AGREEMENT to the total amount ofwork contemplated by 2. The amount of the expense to which the COUNTY is put in performing the work to be terminated in proportion to the amount of expense to which the COUNTY would have been put had he been allowed to complete the total work contemplated by the AGREEMENT, less any payments previously made. In determining the value of the work performed by the COUNTY prior to the termination, no consideration willl be given toj profit, which the COUNTYn might have made on the uncompleted portion of the work. Ift the termination is brought about as a result of unsatisfactory performance on the part of the COUNTY, the value of the work performed by the COUNTY prior to termination shall be fixed solely on the ratio oft the amount ofs such work to the  shall consider the following:  this AGREEMENT less any payments previously made.  total amount of work contemplated by this AGREEMENT.  CONTROVERSY  In: any controversy concerning contract terms, or on a question of fact in connection with the work covered by this project, including compensation for such work, the decision oft the Transportation Director regarding the matter ini issue or dispute shall be final and conclusive ofa all parties.  CONTRACT BINDING ONSUCCESSORS AND ASSIGNS  a. This contract shall be binding upon the successors and assigns ofthe respective parties b. Should the AGREEMENT be terminated due to default by COUNTY, such termination shall be in accordance with applicable Federal Acquisition Regulations.  hereto.  10    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITI H Page 1  EQUAL RIGHTS PROVISIONS interest agrees as follows:  During the performance of this contract, the COUNTY for itself, its assignees and successors in  a. Compliance with Regulations  The COUNTY will comply with the Regulations ofthe Department ofTransportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, as amended by 23 CFR 710-405(b), hereinafter referred to as the Regulations), which are herein During the performance ofthis contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not 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 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42U.S.C. $4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal-Aid Highway Act of 1973,(23 U.S.C. $324 et seq.), (prohibits Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. $794 ets seg.), as amended, (prohibits discrimination on the basis of disability); and 49 The Age Discrimination Act of 1975, as amended, (42 U.S.C. $ 6101 ets 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, The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI oft the Civil Rights Act of1964, The Age Discrimination Act of 1975 and Section 5040 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities ofthe Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles Ila and IIofthe 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. SS 12131- 12189) as implemented by Department ofTransportation regulations  incorporated by reference and made aj part oft this contract.  limited to:  Pertinent Non-Discrimination. Authorities:  origin); and 49 CFR Part 21.  Federal or Federal-aid programs and projects); discrimination on the basis ofs sex);  CFR Part 27;  color, national origin, or sex);  at49 C.P.R. parts 37and 38;  11    Exhibit3 3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITI H Page 2  The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 47123) (prohibits discrimination on the basis of race, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority Executive Order13166, 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 accesstoyour programs (70Fed. Reg. at 74087to 74100); Title IXC ofthe Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education  color, national origin, and sex);  and low-income populations;  programs oractivities (20U.S.C. 1681etseq).  b. Nondiserimination  In accordance with Title VIofti the Civil Rights Act, as amended, 42 U.S.C. $ 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. S 6102, Section 202 oft the Americans with Disabilities Act of 1990, 42 U.S.C. $ 12132, and Federal transit law at 49 U.S.C. S 5332, the COUNTY agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age,ord disability. The COUNTY will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices where the contract covers aj program set The COUNTY will comply with all provisions of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375, and of the rules, regulations (41 CFR, Part 60) and relevant orders ofthe Secretary ofLabor. Inall solicitations either by competitive bidding or negotiation made by the COUNTY for work to be performed under a subcontract, including procurements ofmaterials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the COUNTY of the COUNTY'S obligation under this contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex The COUNTY will provide all information and reports required by the Regulations, or orders andi instructions issued pursuant thereto, and will permit access toi its books,  forth in Appendix B oft the Regulations.  C. Solicitations  orn national origin. d. Information and Reports  12    Exhibit. 3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT: H Page 3  records, accounts, other sources ofinformation and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required ofa COUNTY isi in the exclusive possession of another who fails or refuses tof furnish this information, the COUNTY shall so certifyto the STATE, ort thel Federal Highway Administration as appropriate, and shall set forth what efforts it has made Int the event oft the COUNTY'S noncompliance with the nondiscrimination provisions provided for herein, the STATE shall impose such contract sanctions as it may 1. withholding of payments to the COUNTY under contract until 2. cancellation, termination or suspension of the contract, in whole  to obtain the information. e. Sanctions for Noncompliance  determine to be appropriate, including but not limited to,  the COUNTY complies, and/or  ori in part. Incorporation of] Provisions  The COUNTY willi include the foregoing provisions a. ioghfineveyshonins, including procurements of materials and leases ofe equipment, unless excepted by the Regulations, orders or instructions issued pursuant thereto. The COUNTY will take such action with respect to any subcontract, procurement, or lease as the STATE may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a COUNTY becomes involved in, or is threatened with, litigation with subcontractors, suppliers, or lessor as a result ofs such direction, the COUNTY may request the STATE to enter into such litigation Equal Employment Opportunity = The following equal employment opportunity I. Race. Color. Creed. National Origin. Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. S 2000e, and Federal Transit laws at 491 U.S.C. $ 5332, the COUNTY agrees to comply with all applicable equal employment requirements ofU.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order11246 Relating tol Equal Employment Opportunity," 42 U.S.C. $ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that mayi in the future affect construction activities undertaken in the course ofthel Project.  toj protect the interest oft the STATE. requirements apply to the underlying contract:  13    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 4  The COUNTY agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the COUNTY agrees to comply with any implementing requirements FTA may issue. 2. Age In accordance with Section 4 of the Age Discrimination in Employment Actof1967, as amended, 29U.S.C. S 623 and Federal transit law at 49 U.S.C. $ 5332, the COUNTY agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the COUNTY agrees to comply with any implementing 3. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42U.S.C. $1 12112, the COUNTY agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, Regulations to Implement the Equal Employment: Provisions ofthe. Americans with Disabilities Act,"29C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing  requirements FTA may issue.  requirements FTAI may issue.  COST PRINCIPLES  The STATE'S cost principles forusei in determining the allowability ofany item ofcost, both direct and indirect, in this AGREEMENT, shall be the applicable provisions of Volume I, Federal Acquisition Regulations, Parts 30 and 31. The COUNTY shall maintain costs and supporting documentation in accordance with the Federal Acquisition Regulations, Parts 30 and31 and other Regulations referenced with these Parts where applicable. The COUNTY shall gain an understanding of these documents and regulations. The applicable provisions of the above referenced regulations documents are hereby incorporated by reference herein asi iffullys set forth.  EXECUTORY CLAUSE AND NON-MERIT SYSTEM STATUS  a. The COUNTY specifically agrees that this AGREEMENT shall be deemed executory onlyt to the extent ofmoneys available, andi nol liability shall bei incurred by the STATE  beyond the moneys available for this purpose.  14    Echibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT: H Page 5  b. The COUNTY, in accordance with the status ofCOUNTY as an independent contractor, covenants and agrees that the conduct of COUNTY will be consistent with such status, that COUNTY will neither hold COUNTY out as, or claim tol be, an officer or employee oft the STATE by reason hereof, and that COUNTY will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee oft the STATE under the merit system or any other law of Alabama, including but not limited to workmen's compensation coverage, or retirement membership or credit or any Federal employment law. This paragraph also applies in like manner to the employees of COUNTY.  COUNTYS' CERTIFICATIONS  The COUNTY by acceptance oft this contract certifies that the rates or composition of cost noted in Article IV - PAYMENTS are based on the current actual hourly rates paid to employees, estimated non- salary direct cost based on historical prices, the latest available audited indirectc cost rate, and estimated cost of reimbursements to employees for travel (mileage, per diem, and meal allowance) based on the current policy of the COUNTY. The COUNTY agrees that mileage reimbursements for use of company vehicles is based on the lesser of the approved rate allowed by the General Services Administration of the United States Government or the reimbursement policies of the COUNTY at the time ofe execution of the AGREEMENT. The COUNTY agrees that no mileage reimbursement will be allowed for the purpose ofcommuting to and from workor for personal use of a vehicle. The COUNTY agrees that the per diem rate will be limited to the rate allowed by the STATE at the time ofexecution oft the AGREEMENT. The COUNTY agrees that ai meal allowance shall be limited to COUNTY employees while in travel status only and only  when used in lieu ofaj per diem rate.  The COUNTY shall submit detailed certified labor rates as requested, and in a timely manner, to the External Audits Section of the Finance and Audits Bureau of The Alabama Department of Transportation. The COUNTY agrees that material differences between rates submitted with a proposal and rates provided as certified for the same proposal are subject to adjustment and  reimbursement.  15    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT: M  CERTIFICATION FORFEDERAL-AID CONTRACTS: LOBBYING  This certification is applicable to the instrument to which it is attached whether attached directly Thej prospective participanurecipient, by causing the signing ofand the submission ofthis Federal contract, grant, loan, cooperative AGREEMENT, or otherinstrument as might be applicable under Section 1352, Title 31, U. S. Code, and the person signing same for and on behalf of the prospective participanurecipient each respectively certify that to the best of the knowledge and beliefofthe prospective participant or recipient and oft the person signing for and on behalfofti the a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective participant/recipient or the person signing on behaif of the prospective participantrecipient as mentioned above, to any person fori influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ofCongress, or an employee ofal Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making ofany Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofa any Federal contract, grant, loan, b. Ifany 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 ofCongress, an officer or employee of Congress, or an employee ofa MemberofCongress: in connection with this Federal contract, grant, loan, or cooperative agreement, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, the prospective participantrecipient: shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is aj prerequisite forr 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 acivil penalty ofnot less than $10,000and The prospective participantrecipient also agrees. by submitting this Federal contract, grant, loan, cooperative agreement or other instrument as might be applicable under Section 1352, Title 31, U.S. Code, that the prospective participantrecipient shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such  ori indirectly with other attachments to such instrument.  prospective participanurecipient, that:  oro cooperative agreement.  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  16    Exhibit3  STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITN  FUNDS SHALL NOT BE CONSTITUTED AS Al DEBT  Iti is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation ofA Articlel 11, Section 2130 ofthe Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this AGREEMENT shall contravene any statute or Constitutional provision of amendment, either now in effect or which may, during the course ofthis AGREEMENT, be enacted, then the conflicting When considering settiement of controversies arising from or related to the work covered by this AGREEMENT, the parties may agree to use appropriate forms ofnon-binding alternative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATION DUE TO INSUFFICIENT FUNDS  a. Ifthe agreement term is to exceed more than one fiscal year, then said agreement is subject tot termination in the event that funds should not be appropriated fort the continued payment b. In the event of proration of the fund from which payment under this AGREEMENT is to  oft the agreement in subsequent fiscal years.  ber made, agreement will be subject to termination.  NOGOVERNMENT OBLIEGATIONTOTHID PARTY CONTRACTORS  The STATE and COUNTY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award oft the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not aj party to this contract and shall not be subject to any obligations ofor liabilities to the STATE, COUNTY, orany other party (whether or not aj party to that contract) pertaining to any matter resulting from The COUNTY agrees to include the above clause in each subcontract financed in whole ori in part with Federal assistance provided to FHWA. It is further agreed that the clause shall not be modified, except toi identify the subcontractor who willl be subject toi its provisions.  the underlying contract.  17    Exhibit3 3  STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION GUIDELINES FOR OPERATION  SUBJECT: PROCEDURES FOR PROCESSING STATE. AND INDUSTRIAL  ACCESS FUNDED COUNTY AND CITY PROJECTS  No work can bej performed and no contracts can be let prior tol having a fully executed project agreement, submittal of project plans to Region and notification from the Region that advertisement for bids can be made, or, in the case off force  account projects, work can begin.  Aj project agreement will be prepared and furnished to the County/City upon receipt ofgrant award letter signed by the Director or Governor. The Region will prepare and submit a F-7A Budget Allotment request upon receipt ofaj project funding agreement at the time it is submitted to the County/City for their execution. The County/City will submit plans prepared and signed by a registered professional engineer showing work to be performed. Plans must match the project agreement description. Iti is not necessary for thel Region to perform an in-depth review of plans. The County/City will submit a certification signed by a Registered Professional Engineers stating that the plans have been prepared so that all items included in the plans meet. ALDOT specifications. The County/City will include: a letter certifying that the County/City owns all right-of-way on which the project is Upon receipt of the executed agreement, the executed F-7A, final plans from the County/City, and right-of-way certification, the Region may notify the County/City to proceed with advertising the project for letting or proceed with work in the case In the case where a County/City is using an inplace annual bid, the County/City will furnish the Region a copy of their bid and this bid price will be used for  to be constructed.  ofa force account project.  reimbursement.  1-20  Rev. 10/2017  18    Exhibit3  Where the County/City is letting a contract locally, the County/City will furnish to the Region the three lowest bids with their recommendation for award. The Region will review the bids, and, ifin order, advise the County/City to proceed with award of the contract to the lowest responsible bidder. The County's/City's estimate for reimbursement will be based on the bid prices concurred in by the State and supported with documentation that the contractor has been paid for work performed (copy of cancelled check). A certification willl bes submitted with County/City final estimate stating that the project was constructed in accordancewith final plans submitted to the State and with the specifications, supplemental specifications, and special provisions which were shown on the plans or with the State's latest specifications which were applicable at the time of plan The County/City will notify the Region when the project is complete and thel Region will perform a final ride-through to determine whether the project was completed in substantial compliance with original final plans. Final acceptance will be made by the Region with a copy oft the letter furnished to the Bureau ofLocal Transportation. All required test reports, weight tickets, material receipts and other project documentation required by the: specifications, applicable: supplemental: specifications, and special provisions will be retained by the County/City for a period of three (3): years following receipt of final payment and made available for audit by the State upon request. Ifan audit is performed and proper documentation is not available to verify quantities and compliance with specifications, the County/City will refund the project cost to the State or All County/City Industrial Access or State funded projects let to contract by the State will follow normal project procedures and comply with all current plan processing  approval.  do whatever is necessary to correct the project at their cost.  requirements.  RECOMMENDED FOR. APPROVAL:  /  BUREAU CHIEF/REGION ENGINEER  APPROVAL: hIalh  CHIEF ENGINEER  APPROVAL:,  NEMBER 1,207 DATE    1-20  Rev.10/2017  19    Exhibit4 4  &    Exhibit. 5  A  E   à  N S    Exhibit 5  CONTRACT Project No. DCP 23-06-16  THIS AGREEMENT made and entered into this 26 day of Mech2os Two Thousand Nineteen, by and between the Dale County Commission, party oft the and F&W Construction of 947 Co Rd 18, Ozark, AL 36360, party of the second part  (Day)  (Month)  first part (hereinafter called the Owner)  (hereinafter called the Contractor), WITNESSETH:  WHEREAS, the Owner desires the construction of a three-span precast concrete bridge on County Road 560 spanning the Soapstone Branch, (hereinafter called the Project), and the Contractor desires to furnish and deliver all the material and to do  and perform all the work and labor for the said Project;  NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the sum of one dollar ($1.00) by each of the parties to the other in hand paid, the receipt whereof is hereby acknowledged, the parties hereto agree as  follows:  1. The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the construction of the Project in the Dale County, Alabama, known as Project Number DCP 23-06-16, in strict and entire conformity with the provisions of the Contract, and the Notice to Contractors and the Proposal, and the Plans and Specifications (including Special Provisions) prepared by (or for) the Owner, the originals of which are on file with the Owner, and which said Plans and Specifications and the Notice to Contractors and the Proposal are hereby made a part of this Agreement as fully and to the same effect as if the same had been set forth at  length in the body of this Agreement.  2. The Owner agrees and promises to pay to the Contractor for said Work, when completed in accordance with the Provisions of this Contract, the price as set forth in the said Proposal, amounting approximately to Three Hundred Sixty-Four Thousand payments to be made as provided in said Specifications upon presentation of the proper certificates of the Owner and upon the terms set forth in the said Specifications  Four Hundred and Ten and 0/100 dollars ($3 364,410.00)  and pursuant to the terms of this Contract.  3. The said work shall be done in accordance with the laws of the State of Alabama under the direct supervision, and to the entire satisfaction of the Owner, subject at all times to the inspection and approval of the United States Secretary of Transportation, or his agents, and in accordance with the rules and regulations made pursuant to the Federal Highway Act and Acts of the Federal Congress, amendatory 4. The decision of the Owner upon any question connected with the execution of this Agreement or any failure or delay in the prosecution of the Work by the said  and/or supplementary thereto.  Contractor shall be final and conclusive.    Exhibit. 5  5. The Contractor agrees to abide by ALDOT's Principles of Business IN WITNESS WHEREOF, THE DALE COUNTY COMMISSION has caused these  Conduct".  presents to be executed by its CHAIRMAN and hand and seal this the day and year above written.  fwCostruckon Co Isc, the Contractor, has hereto set his  (Name of  Contractor)  ATTEST:  DALE COUNTY COMMISSION,  1 as Chairman  Mr  By:  Dale CoartyClefk  Lhl6sy  NAME OF CONTRACTOR:  FIW Cowstroctos Co. INc,  (Individual, Partnership, Corporation, or. Joint Venture)  ALABAMA CONTRACTORS LICENSE NUMBER:  9553 (X) M4a yitness Nig Wells Ill Print Name) Preidt Title  By: (X).  m  MH Contractor's! Signature Chat5mh (Print Name) Vufeslut Title  lbl  By: (X).  (X).  Contractor's: Signature (Print Name) Title  Witness (Print Name) Title  By: (X).  (X).  Contractor's Signature (Print Name) Title  Witness (Print Name) Title