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Backup Documents 09/08/2015 Item #16A32 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP(2 E©EV/E1=1) TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOW u THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT ;,y 2A,32 COUNTY'ATTO) X P RO `I SL>C ' Risk Management Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office L/ „ ii74/L5 3. BCC Office Board of County TSS Commissioners \j- /$ \22,,15 4. Minutes and Records Clerk of Court's Office CI(Z7-11 /0:exn,ID 5. Return to Procurement Services Procurement Services Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Brenda Brilhart Phone Number 252-8375 Procurement Staff September 18,2015 Contact and Date Agenda Date Item was September 8,2015 Agenda Item Number 16.A.32� Approved by the BCC Type of Document Contract Number of Original J! Attached Documents Attached ( iN0 �✓i� PO number or account N/A Solicitation/Contract 15-6445 Traffic Control number if document is Number/Company Products of FL to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signer p)1(�_ by the Office of the County Attorney. !V�"' 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception), an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t� BCC, all changes directed by the BCC have been made, and the document is read for e A A.rik_ Chairman's signature. 16A32 MEMORANDUM Date: September 22, 2015 To: Diana De Leon, Contracts Technician Purchasing & General Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #15-6445 "Advanced Intersection Signs" Contractor: Traffic Control Products of Florida Attached is an scanned copy of the original of the contract referenced above, (Item #16A32) approved by the Board of County Commissioners on Tuesday, September 8, 2015. An original amendment has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16A32 Goiter= qty Mministrative Services Division Purchasing Advanced Intersection Signs COLLIER COUNTY BID NO. 15-6445 COLLIER COUNTY, FLORIDA LAP FUNDED Project#430875-1-58-01 Brenda Brilhart, Procurement Strategist Email: brendabrilhart @colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 - 6697 Design Professional: Cardno TBE r.0 Purchasing Department•3327 Tamiaml Trail East•Naples,Florida 34112-4901•www.cotiergov.net/purcharmg Ili 1 ITB 15-6445 GG Sidewalk Improvements 16A32 Email: BrendaBrilhart @colliergov.net 7 Telephone: (239)252-8446 Administ ative Services Division FAX: (239)252-6697 Purchasing ADDENDUM #1 Memorandum Date: June 23, 2015 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #1 — 15-6445 Advance Intersection Signs The following clarifications are issued as an addendum for the referenced solicitation: CHANGE: • The due date for has been rescheduled for 2:30 pm on June 30, 2015. • A revised bid schedule is attached, changes are as follows: 6/19/2015-Revised quantities for 700-1-12 from 3 to 0 6/19/2015- Revised quantities for 700-2-12 from 66 to 67 6/19/2015- Revised quantities for 700-2-13 from 17 to 19 If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager Enc: 1 1 16A32 TABLE OF CONTENTS Public Notice 3 Instructions to Bidders 5 General Terms and conditions 11 Construction Agreement 36 Exhibit A: Bid Submittal Forms (Submit with Bid Package) 42 A-1 Construction Bid 43 A-2 Bidders Affidavit 44 A-3 Bid Schedule & Personnel Assigned 46 A-4 Material Manufacturers 47 A-5 List of Major Contractors 48 A-6 Statement of Experience of Bidder 49 A-7 Trench Safety Act 50 A-8 Immigration Law Affidavit Certification 51 A-9 Collier County Solicitations Substitute W-9 52 A-10 Bid Bond 53 A-11 Bidders check List 54 A-12 Insurance 55 Exhibit B: Supplemental Terms and Conditions 58 Exhibit C: Technical Specifications 59 Exhibit D: Permits 60 Exhibit E: Standard Details 61 Exhibit F: Plans and Specifications 62 Exhibit G1: Granting Agency Requirements 63 Contractors Certification (Appendices A&E) 77 DBE Legal Requirements 79 FHWA Form 1273 82 Davis Bacon Wage Rate Decision 97 Exhibit G2: Grant Forms (Submit with Bid Package) 103 2 ITB 15-6445 Advanced Intersection Signs 16A32 tier +amount, Administrative Services Division Purchasing PUBLIC NOTICE INVITATION TO BID Advanced Intersection Signs COUNTY BID NO. 15-6445 Separate sealed bids for the construction of Advanced Intersection Signs, addressed to Ms. Joanne Markiewicz, Director, Procurement Services, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 25th day of June 2015, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $390,000. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Advanced Intersection Signs, Bid No. 15-6445 and Bid Date of June 25, 2015. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of 3 ITB 15-6445 Advanced Intersection Signs 16A32 the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred and ten (210) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 26th day of May 2015. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services 4 ITB 15-6445 Advanced Intersection Signs 16A32 INSTRUCTIONS TO BIDDERS Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids should 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (Exhibit A - as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check 5 ITB 15-6445 GG Sidewalk Improvements 16A32 payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 6 ITB 15-6445 GG Sidewalk Improvements 16A32 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys 7 ITB 15-6445 GG Sidewalk Improvements 16A32 and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%)from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current purchasing ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the 8 ITB 15-6445 GG Sidewalk Improvements 16A32 recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current purchasing ordinance and policies. A copy of the purchasing ordinance is available at http://www.colliemov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (FL Stat 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past - twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 9 ITB 15-6445 GG Sidewalk Improvements 16A32 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements.applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Per CFR 23 Ch I (635.116) Awarded firm must self-perform at least 30% of the total original contract price excluding any identified specialty items. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 10 ITB 15-6445 GG Sidewalk Improvements 16A32 GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 11 ITB 15-6445 Advanced Intersection Signs 16A32 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 12 ITB 15-6445 Advanced Intersection Signs 16A32 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to the County's Project Manager and/or his designee. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record. 4.5 Contractor shall submit three (3) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. 4.6 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application 13 ITB 15-6445 Advanced Intersection Signs 16A32 for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.7 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's purchasing ordinance and policies. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions 14 ITB 15-6445 Advanced Intersection Signs 16A32 . thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. 15 ITB 15-6445 Advanced Intersection Signs 1 6 A 3 2 Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 16 ITB 15-6445 Advanced Intersection Signs 1 6 A 3 2 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2(a) —(d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: 17 ITB 15-6445 Advanced Intersection Signs 16A32 (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.2 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.3 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an 18 ITB 15-6445 Advanced Intersection Signs 1 6 A32 itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. • 10.2 A Change Order shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determin- ation, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County purchasing ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 19 ITB 15-6445 Advanced Intersection Signs 16A32 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty- eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 20 ITB 15-6445 Advanced Intersection Signs 16A32 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit A-12 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit A-12, 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will 21 ITB 15-6445 Advanced Intersection Signs 16A32 be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's proposal may be deemed non- responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22 ITB 15-6445 Advanced Intersection Signs 1 6 A 3 2 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. • 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by 23 ITB 15-6445 Advanced Intersection Signs 16A32 the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 24 ITB 15-6445 Advanced Intersection Signs 1 6 A 3 2 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work(or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (all related construction administration forms are available on www.colliergov.net/purchasinq) 1. Receipt of Contractor's Final Application for Payment. 2. The Release and Affidavit. 3. Consent of surety to final payment. 4. Receipt of the final payment check list. 5. If required by Owner, other data establishing payment or satisfaction of all obligations such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by the owner. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21.WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, 25 ITB 15-6445 Advanced Intersection Signs 1 6 A 3 2 cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either corrects all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, 26 ITB 15-6445 Advanced Intersection Signs 16A32 expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 27 ITB 15-6445 Advanced Intersection Signs 16A32 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. A list identifying the Contractor's Project Superintendent and Project Manager shall be included in Exhibit A-3 and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. • 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if 28 116 15-6445 Advanced Intersection Signs 16A32 Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any 29 ITB 15-6445 Advanced Intersection Signs 16A32 Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. • Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted • on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29 PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30 VENDOR PERFORMANCE EVALUATION. 30 ITB 15-6445 Advanced Intersection Signs 16A32 Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31 MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32 SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything' herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 31 ITB 15-6445 Advanced Intersection Signs 16A32 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 32 ITB 15-6445 Advanced Intersection Signs11 4 7 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.5 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 33 ITB 15-6445 Advanced Intersection Signs 16 32 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 31.1.24 Operating & Maintenance Instruction 31.1.25 Daily Progress Reports 31.1.26 Monthly Progress Reports 31.1.27 Correspondence Files 31.1.28 Transmittal Records 31.1.29 Inspection Reports 31.1.30 Punch Lists 31.1.31 PMIS Schedule and Updates 31.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 34 ITB 15-6445 Advanced Intersection Signs 16x32 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well- groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to. resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 35 ITB 15-6445 Advanced Intersection Signs 16A32 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Traffic Control Products of Florida, Inc. ("Contractor") of 5514 Carmack Road, Tampa, Florida 33610, a corporation authorized to do business in the State of Florida, to perform all work ("Work") in connection with Advanced Intersection Signs, Bid No. 15-6445 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Cardno TBE, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: SECTION 1. CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. SECTION 2. SCOPE OF WORK. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. SECTION 3. CONTRACT AMOUNT. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Three hundred twenty seven thousand one hundred forty three dollars and no cents ($327,143.00). SECTION 4. BONDS A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than 36 ITB 15-6445 Advanced Intersection Signs it 16A32 $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. SECTION 5. CONTRACT TIME AND LIQUIDATED DAMAGES. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and eighty (180) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand seventy four dollars and no cents ($1,074.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 37 ITB 15-6445 Advanced Intersection Signs 16A32 2 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. SECTION 6. EXHIBITS INCORPORATED. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 15-6445 - Advanced Intersection Signs. 38 ITB 15-6445 Advanced Intersection Signs d� 16A32 General Terms and Conditions Exhibit A: Bid Submittal Forms Exhibit B: Supplemental Terms and Conditions Exhibit C: Technical Specifications Exhibit D: Permits Exhibit E: Standard Details (if applicable) Exhibit F: Plans and Specifications prepared by Cardno TBE and identified as follows: Advanced Intersection Signs as shown on Plan Sheets 1 through 61. SECTION 7. NOTICES All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Julio Ordonez, Principal Project Manager Growth Management Department Transportation Engineering Division 2885 S Horseshoe Drive Naples, Florida 34104 (239) 252-5762 (239) 252-5868 Fax JulioOrdonezt colliergov.net All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Karen Wasielewski, President Traffic Control Products of Florida, Inc. 5514 Carmack Road Tampa, Florida 33610 (813) 621-8484 (813) 621-4611 tcp0.trafficcontrolproducts.orq Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. SECTION 8. PUBLIC ENTITY CRIMES. By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." `y 39 ITB 15-6445 Advanced Intersection Signs 16A32 SECTION 9. MODIFICATION. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. SECTION 10. SUCCESSORS AND ASSIGNS. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. SECTION 11. GOVERNING LAW. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. SECTION 12. ENTIRE AGREEMENT. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. SECTION 13. SEVERABILITY. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's purchasing ordinance and policies and accompanying administrative procedures. SECTION 14. CONSTRUCTION. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. SECTION 15. ORDER OF PRECEDENCE In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 40 ITB 15-6445 Advanced Intersection Signs 9 1 6 A3 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Traffic Control Products of Florida, Inc. 46e -f 6?2L By: tra..s 66/4212a-e—(3,411;_, FIRST Ve1NESS I �u hart„ ( s«lecvsk„ PF' ? /4-/5 k 2U.&j Ls,€1. Print Name and Title Date Print Name 4644:QZ, SECOND WI ESS -owe =ioS-i-ror Print Name Date: 9.- i, 1.•'`'�i-.5 OWNER: • ATTES,T.- ': �' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUTI TY EJ,ORIDA BY• j (yte' BY: </JaeG�. Attestkto :: ` h Tim Nance Date Clrgrr SI na i Chairman ck\�\VS 9 only.. .. pprov-d a to F• and egality: ( oun y A torney O,epk nn Sa'4' dC.C /� !�{� Print Name 41 ITB 15-6445 Advanced Intersection Signs 16 A 3 EXHIBIT A 1:PUBLIC PAYMENT BOND Bond No. 929619616 Contract No. 15-6445 KNOW ALL MEN BY THESE PRESENTS: That Traffic Control Products of Florida, Inc. 5514 Carmack Road, Tampa FL 33610 , as Principal, and Western Surety Company as Surety, located at 101 S. Phillips Avenue, Sioux Falls, SD 57104 (Business Address) are held and firmly bound to Board of County Commissioners of Collier County, Florida as Obligee in the sum of Three Hundred Twenty Seven Thousand One Hundred Forty Three Dollars&no/00 ($ 327.143.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,Jointly and severally. WHEREAS, Principal has entered Into a contract dated as of the 14th day of September 20 15 , With Obligee for Advanced Intersection Signs Bid #15-6445 in Collier County accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined In Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract,then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Band. The provisions of this bond are subject to the time limitations of Section 255.05(2). in no event will the Surety be liable In the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 15th day of sc ptemher 20 15 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body, 16A32 . . Signed,sealed and delivered in the presence of: PRINCIPAL v A ` /-2,e . Traffic Control Products of Florida, Inc. if ` I i 1 i11jINL ,• .4; . .�I.. B`f: / i2A-ii,,, l/1 .4 c>_ �'-et,_) Witnesses as to P. ipal i NAME: Wa.,-,--» /A3n5& jr(..,..)s ki ITS: r rrs, de,.4 STATE OF clo ct d.C, COUNTY OF 1-k;\Y`_'t;Tcr\) rm The foregoing instrument was acknowledged before me this R. ,day of 5 0()4k 213.6..., by :feel t,p_,�LQSL , as V« Aerr)+ of '-1-63S-c-,'• C \--Cco\-ccA Pc r t k-s , a corporation, on behalf of the corporation. Hefshe is personally known to me OR has produced as identification and did(d1d not)take an oath.. • My Commission Expires: ,_ nk k,nom, x+�vn+serm.n.aoanvrnsna. ( ig ature of Notary) LLlt ILE 111 SOMA I'll C ,1�I�I� SION#EE 871863 NAME: 11.h 1 to ci O i4 L;:, S.February b,2017 ;;>nded illni Molar;Fublic UnderwrilerS (Legibly Printed) :3e:sf+,e✓G=KJ.NvS:..,..w (AFFIX OFFICIAL SEAL) Notary Public, State of V-1nci CtC■ Commission No.: c., C?'i t 9,1 o` ATTEST: SURETY: Western Surety Company (Printed Name) 101 S. Phillips Avenue Sin'lx Falls, SD 571Q4 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 16A32 • OR Gi b pnk,C1/`b As Attorney in Fact (Attach Power of Attorney) ::-)S\1\k114 C. vUlk Joseph W. LoPresti,Attorney-In-Fact Witnesses {Printed Name) Brown &Brown of Florida,Inc. PCB Rox 173088 Tampa. FL 33672-1086 (Business Address) 813-226-1322 (Telephone Number) Florida . . . COUNTY OF Hillst prouah The foregoing instrument was acknowledged before me this 1 5th day of Saptemher , 2015 , by Joseph W. LoPresti ' • 28 Attorney-In-Fact , of Western Surety Company Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. /J C_g LA A-‘232.My Commission Expires: (Signature) ;,o;r^i; SHERON R.CORNELL Name: Sheron R. Cornell Commission#FF 009867 �, il3 Printed) a Expires May 7,2017 (Legibly ) Bonded'fhru Troy Fain Insurance B00-385-7019 I; Notary Public, State of: Florida Commission No.: FF 009867 • 1 6 A 1 4) EXHIBIT A 2: PUBLIC PERFORMANCE BOND "' Bond No. 92Q619616 Contract No. 15-6445 KNOW ALL MEN BY THESE PRESENTS: That Traffic„Control Products of Florida, Inc. , as Principal, and Western Surely ComDppY as Surety, located cat 101 S. Phillips Avenue, Sioux Falls, SD 57104 (Business Address) are held and firmly bound to Rnarri of Comity Corpmissioners of collier County, Florida , as Obligee In the sum of Three Hundred Twenty Seven Thousand One Hundred Forty Three Dollars& No/00 ($ 327,143,.00 )for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally, WHEREAS, Principal has entered into a contract dated as of the 14th day of Seotemper 2015 , With Obligee for Advanced Intersection Signs Bid#15-6445 In accordance with drawings and specifications, which contract is incorporated by reference and made apart.hereof, and is referred to herein as the Contract... . . . . THE CONDITION OF THIS BOND Is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages,whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This Instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond_ 16A32 in no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 15th day of September , 20 15 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in th: presence of: PRINCIPAL Al ! J` (11 ' Traffic Control Products of Florida, Inc. ` ii�NMM.n ./ BY: Kaite,14_. / ,(,.o u)..i-._-., Witnesses as to Pal /pal / II / NAME: 1<a - y G' i.4r P/e w jt.A-- ITS: Pfec, ,,, '- STATE OF C.1 t cfl a COUNTY OF 1 \\e- jr-r+; _ 11.. ...... ... ... ....... The foregoing instrument was acknowledged before me this it o day of Q cA . 20 6 , by 0.-\ (.a cki)(` ipt.o`> .. , as k=rec,;c1,c,c\- of 'frc�,.ce-,L. c�siky-;\ 1zb1Q cc ‘i- , a corporation, on behalf of the corporation. He/she is peraonail_y kn wn tome OR has produced as identification and did (did not)take an oath. My Commission Expires: —AL, . 0 -(Si n lure) Name: t 1 i h_QJ1 TJnn 0, '-(Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: --1 nn(I/Q. s Commission No.. t(,c c 1 i 9-1,or LI!.ILETIHSOF A %; _ MY COiMi I6SION#EE 871863 I l if S:Fehivaly 5 2) / 8,ii i i hru Hatay Public Und rvxi rs ATTEST: SURETY: Western Surety Company (Printed Name) 16A32 • 101 S. Phillips Avenue Sioux Falls, SD 57104 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR ..(2a 41P1- W • oP ipeac As Attorn Fact Y (Attach Power of Attorney) e-SA Joseph W.LoPresti,Attorney-In-Fact Witnesses (Printed Name) Brown& Brown of Florida, Inc. po Bex 1730$ Tampa. Fl 33672-1086 (BUSiheS •Address).. . . R13-22613?Z (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing Instrument was acknowledged before me this 15th day of September 2015 • by Joseph W. LoPresti as Attorney-In-Fact _ of Western Surety Company , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. ��1 My Commission Ex•fr.-• A SHERON R.CORNELL (Signature) ;4.cv�;: Eommission� 20�798�3asao,e !► •.1 Sheron R. Cornell •: .a plies May Name: z;�� 5 Bonded lhru Troy . . P;,., (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: FF 009867 Western Surety Company 16A32 POWER OE ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knew All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it dons by virtue of the signature and seal herein affixed hereby make,constitute and appoint Joseph W LoPresti,Steve Ayers, Anna Lee Duncan,Mary Jane Gwyn,Mia Bush, Individually • of Tampa,FL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts— and to bind it thereby as fully and to the same extent as if such instrument%were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given.are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 15th day of June,2015. ��fQyrrrEr WESTERN SURETY COMPANY N ettI I~ �i /� o,;,� aul T. ,; Bcuflat,Vice President State of South Dakota ss County of Minnchahn On this 15th day alone,2015,before me personally came Paul T.Braila,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate sat;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires +'0ti0040ww ►ti4000w.■..I tit; S.ECM February 12,2021 t O f�SOli?i OAKOTA "vv... tiliti\Y.tiM.4. S.Eich,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the inverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 15th day of September , 2015 . C++`a � WESTERN SURETY COMPANY 2°L.141?elson,Assistant Secretary Fern F4280.7-2012 16A32 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This-Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • 16A32 AC RO O� • CERTIFICATE OF LIABILITY INSURANCE D09/15 mD"YYY' 09/15/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-813-229-8021 'NAME: Sherry Heywood, CRIS M. E. Wilson Co., Inc. PHONE FAX (A/C,No.Ext): 813-984-3603 (A/C,No): 813-229-2795 ADDR ESS: sheywood@mewilson.com ood@mewilson.com 300 W. Platt St. .ADDR Ste 200 INSURER(S)AFFORDING COVERAGE NAIC# Tampa, FL 33606 INSURERA: ALLIED WORLD ASSUR CO US INC 19489 INSURED INSURER B: WESTFIELD INS CO 24112 Traffic Control Products of Florida, Inc. INSURERC: AMERICAN GUAR & LIAB INS 26247 5514 Carmack Road INSURERD: BRIDGEFIELD EMPLOYERS INS CO 10701 INSURER E: Tampa, FL 33610 INSURERF: COVERAGES CERTIFICATE NUMBER:44978404 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD SD POLICY EFF POLICY EXP WV POLICY NUMBER LIMITS (MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 03086715 11/01/14 11/01/15 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PRS RENTED PREMISES l(Ea occurrence) $ 50,000 X Per Proj Agg applies MED EXP(Any one person) $ EXCL X w/ $10 Mil Limitation PERSONAL BADVINJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CMM7230798 11/01/14 11/01/15 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS % AUTOS (Per accident) C X UMBRELLA LIAB X OCCUR AUC013884200 11/01/14 11/01/15 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 0 $ D WORKERS COMPENSATION 083040274 11/01/14 11/01/15 X TUTE ERH STA AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Collier County Project #60016.8; FIN #430875-1-58-01; Advanced Intersection Signs - LAP Funded . Collier County is named as an additional insured for general liability coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Procurement Division ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples, FL 34112-4901 USA �J ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SH004 44978404 16432 EXHIBIT A SUBMIT THE FOLLOWING WITH BID PACKAGE: Bid Submittal Forms. • A-1 Construction Bid • A-2 Bidder's Affidavit • A-3 Bid Schedule& Personnel Assigned • A-4 Material Manufacturers • A-5 List of Major Subcontractors • A-6 Statement of Experience • A-7 Trench Safety Act • A-8 Immigration Law Affidavit Certification • E-verify MOU or Profile Page • A-9. W-9 • A-10 Bid Bond • A-11 Bidders Checklist • A-12 Insurance Granting Agency Required Forms (Exhibit G2) • 1. Grant Acknowledgement • 2. Debarment • 3. Lobbying • 4. DBE MBE Participation • 5. Vehicle Registration • 6. Cert Sublet Work • 7. EEO Officer • 8. Conflict of Interest • 9. Drug Free Workplace • 10. LAP Certification of Current Capacity • 11. Contractor Certificate: Non-Collusion, Lobbying, Suspension and Debarment Provision 42 ITB 15-6445 Advanced Intersection Signs 16A32 Exhibit A- 1 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Advanced Intersection Signs BID NO. 15-6445 P t0 t Full Name of Bidder ,- ►C 0014)01 L . (r =I p�j CAA+ -y\c. Main Business Address 5 (4 (arrNA K cotA t Cttr&oft F{ . 53(610 Place of Business Ilk C f,,,. . e e , ,. 3 10 Telephone No. Si y -I.Pal—$ Fax No. 25 i3-tga1-'-{p 1 State Contractor's License# GG'C 4 State of Florida Certificate of Authority Document Number Federal Tax Identification Number .5e( - c3G.ta'aD. DUNS# 05o1O3:1 X59 3 CCR# Cage Code I PI V 14/ to To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 43 ITB 15-6445 Advanced Intersection Signs 16A32 Exhibit A—2 BIDDER'S AFFIDAVIT Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner In the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely - manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and eighty (180) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty(30)consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of .lot'tclot County of }-I\1s ecx.4 VICCfr?rT Qf,uSIC.t , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. harex U3ct. a Lou.) , , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, Including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a)Corporation The Bidder is a corporation organized and existing under the laws„of the State of r f't which operates under the legal name of "T( c Ci l and the full names of its officers are as follows: 44 ITB 15-6445 Advanced Intersection Signs 1 6A3 2 President ihCtfQY\ WCt i-els S�' Secretary c 'i buK.oki Treasurer Manager The Pces\ is authorized to sign construction bids and contracts for the corNovnytoy action-of-its-Board-of-Directors taken �� I 17 , a ceft ed copy-sf.which istereto attached (strike out this last-s erttenee-i€-Bet-appltcable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is Complete for information contained in (a) Corporation, (b)Co-Partnership or(c) Individual from previous page. DATED to a31 a0 15 I{citric Cot1 I ( T"(bQtl„1.G .S le al entity BY: legal TP.ifl t S i 2 l€D W'S JG W' ess Name of Bidder(Typed) Qfl fCac eti. Gt �oc� p e-e-4-kat-•-- ' Wi ss Signature t-`(e t CSR.✓k+ "�,, Title STATE OF IM( ►UISA COUNTY OF ;M_.-kir b The foregoing instrument wq.s .ckn wledged before me this a3y of -3-LA-1\-Q„ 20 I , by 0 (�-r� , I Q IL( , as +(e5'i cj).r-+ of t.1 -Q 11„ b , a Ft c'\GO corporation, on behalf of the corporation. He/she is perste known to me or has produced as identifica is• - - •id (did not take an oath. , y ommission Expires: !" sr ,/ (Signature of No NAME: t Q S +'h''•, BOBBIE JO STRONG .;�••: �: (Legibly Printed) ( 'F G`crFG i �Folsaae NotaryPublic State of FLO 21 E!�'1't�6��99•• ++ts,2x17 ti g.P.' Bonded ihruNotary PubkUndeniriters Commission No.:. FFIH33c 45 ITS 15-6445 Advanced intersection Signs 3 16A32 Exhibit A—3 BID SCHEDULE Advanced Intersection Signs Bid No. 15-6445 Bid Schedule Provided in Separate File Include Contract Personnel: } ,Lt- we_A;S.1`, Construction Superintendent }N--#1) ,U L )A-s i J Lc; oject Manager 46 ITB 15-6445 Advanced Intersection Signs W.' s -s r E c CU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q 00000000000000 . . . . . . . . . . `1t N O O CO 0 0 0 0 0 cD O LI) Cr) 1— f`- N 0 CC t- L() ‘ti- 0 0 0 0 CD CJ) ..at a to U j N r CO [f O 6,3' N CO CO CO CO r T 15 N N N N N N N N !n p 0 NW N N Q 4' In (" tet' ai LC) .4 OCh M ch 6') r- c w a) w w w w w w w Z w w w w w CO N ER EA- ER ER !-- co_ ER EA Efl N c }. >" ›- ›- ›- >- ›- ).- >" )- >" >" >" } ✓ ER ER r ECO 64 0000000000000 .J 00000. 0. 0. 0000004t F. W c' N O O (\!o 0 0 C7 O C`7 O LC) I-- - N- N In [o L() r — 0 0 0 U) CO r O lC) N r V CD O ER CO N N CO r ER H EL v. LC) 64 N Eft N Ch ER r ER LI- C") N ER ER ER ER Eft ER da- l"... R H CO Cn Q U) 0 U) U) (1) U) < Q Q ▪ J J U) W Q Q Q Q Q Q w W W I N r r N i : : :NCdt0 ` cc m C F- p Cl) W o a, 0 U NOON `7 � c(n 0DO C r J C N rO O > F- W W r N CO CO Co W ' Q D _ Z Ct N LL O 0O O » t1~. Y Z g 2 C1 G) 0 0 0 600 0ZDZ � � I— oao l)) 0 H CC° 002QnI- `oo `D Z 4-- 4- 4- 0 LI- 4' Ws � � 0 0 0 I W a) a) CL: CC _YI u- 0C70606WU •m.CC iHHliiilH III m O U w U) U) U) t- I- F- J J J ) N ) E u a vi . CL y f— Q OOOU) U) U) WWW cccc � Sco 448 N w ct Q W W W a a CL Q Q Q 1.r) U) � S J o r E o J V— � J J J CL CD o ' ' o b ,� o n � __ m Z Z. 0 0 0 0 J J J Z Z Z N N N w m m L m s owC g EE �' m S. c N L-' O Q O Q Z_ Z _Z D D D O CDCD C) C) c `o y ` 32 as d € T z,, o e a cL 22U2tn000n222C5inU) I* Loco a _ § � � � Ewceams m. U5 co y .-. N M - Lc" to N- co U .- N t7 Q U) t0 !- O Z O C° w O Cr) r r to w O r 0 0 N C�) 0 0 0 0 c w 4c o c f- r CO r r CO N In CO O [7 m co t i i i ! ? C i ce D r r N C7 r r r N N N C 7 p? c? .� CJ -) CO } ! i w Q r N N 0 0 0 0 0 0 0 0 0 0 > rt d O O N .t 0 0 0 0 0 0 0 0 o N o CL CL r r LC) Co 1-- t.•i N- ti C` ti f ti N Q' m c7 16A $ p Exhibit A-4 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company i c� ' C'Dr P �,t ©I r—/Ore cIci' -r+'tL Signature. K ems. ... 44(4.:, Date: m I a8J+S Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER Please insert additional pages as necessary. Company: Signature: Date. . 47 ITB 15-6445 Advanced Intersection Signs 16 3Z Exhibit A- 5 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed), Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address Electrical ?i 1 A Mechanical Plumbing Site Work Identify other subcontractors that represent more than 10% of price or that affect the critical path of the �6 schedule Company: 1 dal � c -lor , nCra -C Signature: / Date la 1,14 �Oc.de 48 ITB 15-6445 Advanced Intersection Signs 1 0 32 Exhibit A- 6 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference t 5R $b1i anct sR $ , �It1 1"� -TU.rm a {•ter rn't t1\r1Y(} "c.c1 r'd Zr wo4 FL. ciSti etc c ai 1).3c, ln't0 'II$4.n Rbc.; .tAaf S ern 1).-Yi ci 1> r Orlando bra s .. Sks r,. profit eiNAA$11 tu tad,s 4� tea r.irk oar hn410,Cori SR 55 t US vq pd19 R.. c-�I~x�rd Easy-LaICe ` ►�, AlediCatots ett')n Cher, to4s-•Sstt t�1 Gk.brto rtP hu.b3cistt..r,OWN Company: raft dor l P t lel I-1 CC�t Oka rC Signature: / Date: to a 31 l5 (.0444 49 ITB 15-6445 Advanced Intersection Signs 16A32 Exhibit A- 7 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) TOTAL$ Failure to complete the above may result in the Bid being declared non-responsive. Company: Signature: ecoaG�eJ Dat .S 50 ITB 15-6445 Advanced Intersection Signs 16A32 Goer-4 C�.nty Adrnintstrative Services D islat Purchasing Exhibit A- 8 Immigration Law Affidavit Certification Solicitation:15-6445-Advanced Intersection Signs This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in B U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. (� { S Company Name —Fra-41Q., \ 'Y eo( Dk Prx�.t,.c4ID(' Fo -�tiC,�tl,.,li._T1'�. Print Name ()are" Las'l e I AY k e..I Title 'Dr10.ili'`r Sig nature ka./12 kL.- 404,0 c2-2a-r4J,9.61.A..- Date CI I as I 1 SS State of F1or'I LA LA County of 41 e (.AP -- The foregoing instrument was signed and acknowledged before me this OS day of ��(-LIU , 20 i.5, by IcQ(Qri (print or type name)who has produced `I7Pl5oryAtli \()l..L \ (type of identification and number)as identification. 4,( 0( Notary Public Sig ure ( oft, —s - �!QJ 3� `l n� M+.s 80881E JO STRONG ; • ,t, MY COMMISSION P 519332 �•,r"�� EXPIRES:September 18,2017 Printed Name of Notary Public r a„fid`' Bonded Thru Notary Pubic Underwriters F 61933D JI$ )ao Notary Commission Number/Expiration The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 51 ITH 15-6445 Advanced Intersection Signs it 16A32 Coker Coity Adranist4ve Services CRVISCO Purchasing Exhibit A- 9 Collier County Solicitations Substitute W-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5)requires that the county notify you in writing of the reason for collecting this information,which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name -Ii-CX-e-4-1 C.., u•c-4-s oc !`(o S Gt s nC (as shown on income tax return) Business Name (if different from taxpayer name) Address ��6(4 C.O.f rr.ote K.. t cock City --Ca,nr\Pq State 5'k or.%do,. Zip B cplc) Telephone$I?J-ta o`Zt-$4$4 FAX &\3-uat-gut t Email-kW(Ct 1C' rtkTa'LdttdS.0rg Order Information 1 Remit!Payment Information Address 5siq �af YYpIACIt. t`pt. Address ss I14 lokfmaGk- Rot, City Tame state FL zip 33t.DIt) city-Ye w\pq State Ft- Zip oto I FAx S 13 bat-L-I l 2[I /� FAX `�s i 3 - le ra\j-,,, X4(1 I�1� t �� Email'(� ( 7-•nM�r �4aN r<e C.. Email 65-�rar� @ifOi. )C coned cyke, �1 2. Company Status(check only one) _Individual/Sole Proprietor v./Corporation _Partnership • _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) L -Q5-$a S as (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury,I certify that the information shown on this form is correct to my knowledge. Signature eetAF.A._ Date (¢J a3! aOiS Title tPre.&ic(p t t+ Phone Number -aq gq 52 ITa 15-6445 Advanced Intersection Signs 1 6 A .5 Exhibit A- 10 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Traffic Control Products of Florida, Inc. (herein after called the Principal) and Western Surety Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of South Dakota with its principal offices in the city of Sioux Falls and authorized to do business In the State of Florida are held and firmly bound unto the Collier County (hereinafter called the Owner), in the full and just sum of 5%of total bid dollars ($ 5%of total bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Advanced Intersection Signs, Bid No. 15-6445. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or,In the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ 5%of total bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 18th day of June , 20 15 . Traffficc Control Products of Florida Principal BY 60at.<74- (Seal) Western Surety Company Surety Joseph W.LoPresti,Attorney-In-Fact L k). Xp ej:0 C (Seal) Countersigned (,, t.3 - nit< Local Resident Producing Agent for Brown&Brown of Florida,Inc, 53 ITS 15-6445 Advanced Intersection Signs 16A32 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Joseph WLoPresti,Steve Ayers,Anna Lee Duncan,Mary Jane Gwyn,Mia Bush,Individually of Tampa,FL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,arc hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on tie reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. in Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of May,2013. r, WESTERN SURETY COMPANY S v. 0rge aul T.Bruflat,Vice President State of South Dakota ss County o f Minnehaha J( On this 20th day of May,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires t("" """'. } J.MOHR t NOTARY PUBLIC June 23,20 i 5 SOUTH DAKOTA J.Mohr,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th day of June,2015. SUQEry WESTERN SURETY COMPANY f �.J, + / �4irH op�dv° 2414 ��-I✓/ L.Nelson,Assistant Secretary Form F4280-7.2012 16A32 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WES TERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 16 A32 Exhibit A - 11 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. •• Bidder should check off each of the following items as the necessary action is completed: • The Bid has been signed. • The Bid prices offered have been reviewed. •:• The price extensions and totals have been checked. • Any required drawings, descriptive literature, etc. have been included. •: Any delivery information required is included. • Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 • If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. • Any addenda have been signed and included. • The mailing envelope has been addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: Bid Number; pProject Name; Opening Date. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET -TeC1lRc C.OrAntil Pant .c -S of- FL. . Bidder Name Signature &Title (Q I as Date: I arc i5 54 ITS 15-6445 Advanced Intersection Signs 16A32 Exhibit A-12 INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in this solicitation, The Vendor shall procure and maintain property insurance upon the entire project,if required,to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining Its own liability insurance. Certificates Issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners In Collier County, OR Collier County Govemment, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT A-12 with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage shall be maintained without Interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24)hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall Immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the Insurance coveragefsl required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragejj and charge the Vendor for such coverages)purchased. If Vendor falls to reimburse the County for such costs within thirty(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(SZ shall In no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall fumish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certiflcate(s)shall be considered Justification for the County to terminate any and all contracts. 55 ITB 15-6445 Advanced Intersection Signs 16A32 Collier County Florida Insurance and Bonding Requirements Insurance?Bond Type Required Limits ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements ® Employer's Liability $500.000 single limit per occurrence Z Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. ® Indemnification To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.This section does not pertain to any incident arising from the sole negligence of Collier County. ®Automobile Liability $ 1,000.000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included E Other insurance as noted: 0 Watercraft $ Per Occurrence ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence 0 Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence 0 Professional Liability $ per claim and in the aggregate $1,000,000 per claim and in the aggregate $2,000,000 per claim and in the aggregate 0 Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 56 ITB 15-6445 Advanced Intersection Signs 16 A32 ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and Insured by the Federal Deposit Insurance Corporation. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award.The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided, however,the surety shall be rated as "A=' or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of Insurance meeting the required insurance provisions. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners In Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. Thirty(30) Days Cancellation Notice required. LJB 5/19/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name ofn Date Firm �f )G eor c Pr uc C. t.• ti f a- is Vendor -+t--�t4 Signature Print ]Can WO-SI e ieic & Name Insurance -8/1.0 i. 1 Agency j Agent p e- (_i)P,ip Telephone Number Name &13 57 ITB 15-6445 Advanced Intersection Signs Collier County Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement, For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla.Stat. Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name 1 ca-}A C Cor'-6-0t PtoduS Date to I I IS Authorized Signature Address 6 51 Olf YYNf C'i ' C -1-00-c pc , FL 331.e ID Solicitation \CLvc r\C Q.dlir 7�er S? P)tj►-7 ,Q Contract# I5 —(DLit-4C 10/1/2012 Revision 2 1 16432 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 1610610ACQd .T14Q150-a4cr) s'48 as Name Project Name 'Pr esIc (\i` is -uggS Title Project Number 074-yo 1Ptxuc43 sq- a5& ago aa Firm Tax ID Number 5 Sea,Crr1 ad< Rod. 05 a c -1 g ct3 Street Address DUNS Number Tames, FL 3,- CO, !0 City, State, Zip Signature 0104/2013-(2) • COLLIER COUNTY CERTIFICATION REGARDING LOBBYING The undersigned—NA C jtr i t'(bO.tck OP .Vendor/Contractor) certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, 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. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by"Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413 (1/19/96). Note:Language in paragraph (2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L 104-65,to be codified at 2 U.S.C.1601,etseq.)] (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 31,U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure or failure..]_ �_�" r /t The Vendor/Contractor r C eptti?O 4 dt4Cf-S Gr[ .; certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any. L .4L p,. ),4Lignature of Vendor/Contractor's Authorized Official 1110;(12" WiS\I 2{.. u).q (2S-Name and Title of Vendor/Contractor's Authorized Official (D f g6', I g Date 0104,2013-(2) COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status, ,sky � yA'PRiMM V �IDOR/COM RACTOR INFORMATION *I1 t,.o-, � PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT `Cca c CbriCV0k Pars&R. 59 -aScaa 81 !y 3 . Da IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? OBE? N CONSTRUCTION? IDBE/MBE/WBE)OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? Y N SD8 8A? Y N IS THIS SUBMISSION A REVISION?- Y IF YES,REVISION NUMBER x lixx x x � sr su H u a, s a x i �e13 r« <x 3 n g�•rase a e ^' 5r B `IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS,A�DISADVANTAGED`MINORITY,WOMEN-OWNED SN 1 L n BUSINESS CONCERN PIV3ERVICE DISABLMVETERAWTRIMEIS TO tOMPLETE THIS NEXT SECTION,tl tg raa DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS aIA TOTALS: C SECTION TOLE COMPLETtD BAY PRIME VENb00 /CONTRACTORn # , ,. NAME OF SUBMITTER DATE TITLE OF SUBMITTER -Croom e Co „h1 Producf S is 1 I's Prestot EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER + pQ 41(04\C.OocdYolprbdudc r. ei3- (s)a,)-%Li&q gl3 _vat 4u 11 NOTE:This information Is used to track ani cert antldpated DBE or MBE participation In federally-funded contracts.The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms.This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ' € x -iETHNICITYv: tcwDE a» c Black American ;:.BA Hispanic American HA Native American ;NA Subcont.Asian American SM Asian•PadflcArrierican `APA- :_. Non-Minority Women NMW Other.not of arty'other group listed 0 • " � 'Ou"SECTJOIV TO}BE COMPLETED BIfCOL�LIERCOtJNTY r3 �rE ' "' s�`ri'.:.:, .»,„Yv,ro..^wuw.. q:o-srw+awd'u_m '."aw.5%.,sh*.; .....a a'�:sw,Ss,.zv. .:,: ;81Nz,.a p.. ae.:, s..•.o-.a.w.-...o.i v.,. 'tNz, a 'F...�;,.. i^r�+`C ¢-.H.:x. � DEPARTMENT NAME COWER CONTRACT N(IFB/RFP or PO/RED) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-52 CONTRACTOR'S AFFIDAVIT CONSTRUCTION 08101 VEHICLE REGISTRATION State: FLORIDA County: HILLSBOROUGH BEFORE ME,this day personally appeared KAREN WASIELEWSKI (Contractor's Name) who says that all of the vehicles operated or caused to be operated by said Contractor,are registered in the State of Florida, in accordance with Section 320. Contractors Signature TYPED NAME: KAREN WASIELEWSKI POSITION: PRESIDENT/EEO OFFICER COMPANY NAME: TRAFFIC CONTROL PRODUCTS COMPANY ADDRESS: 5514 CARMACK ROAD TAMPA,FL.33610 State of Florida County: HILLSBOROUGH Sworn to and subscribed before me this Q5 day of J��r•.� a�t5' by KAREN WASIELEWSKI 41( aPaC16-s-0 (Print name of person signing Certcation) O fx iy KERRY PAIAOINO Notary P I Ir _„ a .`_ MY COMMISSION f EE 877210 , EXPIRES:February 21,2017 FEBRUARY 21,2017 85 dl otaiyPoCUnder*1dr Commission Expires Personally Known X OR Produced Identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: .. . . . ..2. . • . . . . . . . „ . . .. . • . .. . ... .. . . . . :. .... . . 6 ..... :.....::____ : ..:__. ._. : ... , __.. . ,_ . :.._. :. .: . ..,: ....:: .:. . .: .. .. . . . ! „„„ ,.„,„,,,, ..... 0 °. ..y_• ,, 0 ,,, .. .... 4 0 .`,, 990 NON a 4 � S. p4P • 7= e80E- 1,7, ...14 .••• '...".••' /I: 4.r) -.:9 1 -4 E Q = E G KE.omi °' -F ' ' D Q°' 0ILt_ ° � o en in-? wv>N ///1j111IIY�1111 LL , n A o ¢ n (� �Ilgd o o >-o.-I . Y m a E �i .s ' �,U O 4¢ d 4V: twG U ,-j ' ! f c .-c- ...c u.. o a) a E t a E. Vs En o JEn a COv ° 4 ^ CiS 041' �w c o ° o 1-1 aQ' c z. E o o li 0 3 w �4o cn U cn o /z ►— O 0 m O - k 3 . _ o WZNU ^ W W U > 3 2 ! T c ao OCC Lc et mo mo ela- e ma O a Em � V u76 : -.0" 0 .1' ,.A : -c : cc o 4 +.) u) ,, c 2 .. tam na fa W ^ OC 2yW IL ° . IL Q aLig NZ $ FF 4 em mE m E 2 V 8 Q aAgm y m 'm e E E xNimo E m 9o , . D z Ei y i .g g 2, cwa gt EE m 0 p > 6 ti E m ° . g "2t Q W Ee ° ` g aENm ma 431. Li. ° 0 aE caga n a cV - c c ? I = , m oL E a,a Z 191,1 E , v = 4 o m u N.o u o m Er,..--,, � E ° � meo , _ ~ g >,y uC c o c a O m < , m = E V c U < S C m ry a10, 0 ;2x o E 3 a a c m m m E IL c 'm a u. o 0 U .E v° E m c W E W 7 tm. m i 3 v m m Uci . . o c c Q) L e E . a m g° m . 11 -- ° E D g. m ° `g n ` 5 0 s d Id, E .Y co c O .. V 0 . , a c w0 ` ? "-"- 42 .° mE+ we ^ m ,2 . O V 'E u ,.l a E ,� m 3 E H c — o E O 0 E F a: °• 3 E 'c u ' � a c c m o �6 C gI• a m .5 m Ev `o E p j •P J U �•u. o 0 U U E d E m e c >, m = c- m 1 ° cvmE , r a o ` wU. -O _ N � $ . o ° 3 Lu . a c = m . a Co Q 0 0 .12 . e . . 0 >43 v ° E ,- E 0 -... 1-• Z .. — LL r 4 n: m m m ° a U) 0 .•ice+• „c, . a ° 0 - V i 'l m e 'r.' c = EU 11 9 0 d o g. ., c g O d E . 2 m o m ~ oa c o o 2' 2vm5� Cgt58g : g H 0 U EL U U 6"bUm o Q a cc W h 8 U n`o of is < E .ii i6A2 A 3 Instructions for Form: The contractor must provide enough information through a Schedule"A"spreadsheet to determine which pay-Item(s)are being sublet,the amounts,and cost. For sublet calculations,the amount will be calculated based on the actual contract unit price(s)unless there Is a partial sublet. For partial sublets,use the unit prices from the actual sub-contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount(round to nearest whole dollar). 10) Enter a"Y"in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise,leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s)regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor,enter a"1". If he works one level below,enter a"2"and so on, 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the work to be performed. 16) Enter a"P"if any pay-item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor."D"for DBE,"N"for non-DBE, 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise, 19) One(1)copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and notarized. 275-021-13 02/05 EQUAL OPPORTUNITY OFFICE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EEO OFFICER NO1rIVICATION Section 1; COMPANY IDENTIFICATION 1.Contractor Name 2.FEID No. TRAFFIC CONTROL PRODUCTS OF FL.,INC. 59-2582822 3.Home Office Mailing Address(street) 4.Nome Office Mailing Address(city,State,Tip)) 5514 CARMACK ROAD TAMPA,FL.33610 • 5.htain Phone Number i 6.Fax Number 813-621-8484 813-621-4611 7. What is being Initial EEO Officer Notice to FOOT New Person •••ointed •u•ointee Chan•ed Name Contact Data Chan•ed Changed? r Yes • No ■Yes ►4 No I Yes No • Yet No Section 2: EEO OFFICER IDENTIFICATION 8.Name of EEO Officer(first name, middle initial,last name) 9,EEO Of6Chr's Working Title KAREN WAS IELEWSK1 PRESIDENT/EEO OFFICER 10.Wor(Address of EEO Officer: Street) 11.Work •••ress of EEQ Officer.(city,state,AP) 5514 CARMACK ROAD _ TAMPA, FL.33610 2.EEO•'icer Phone um•er. 13.EEQ•-car Fax Number: 813=621-8484 813-621-4611 . I 14.EEO Officer email address kw@trafficcontrolproducts.org • Section 3: SIGNATURE OF CORPORATE OFFICIAL • As required in the Equal Employment Opportunity Special Provisions included in'Federally Funded Highway Construction Contracts and as required In the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) Is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the - EEC Officer,the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15.Appointing Official's Signature 16.Date(MolDay/Yr.) ' I 10 SI- 17.Official's Name(printed) 18.Official's Tale(printed) Karen Wasielewski President/EEO Officer (This Section For FDOT Use)Section 4; Processing of Notification 19•Probesse•-• :• rst and Last Name) 20.Date Processed(mNday/yr) s' DISTRIBUTIO 1DI AT C: 77•'• -Flies:Copy.Mailed to Contractor _ UPDATE ACT's . •utln ORS -m - ,10RIDA DEM't T OF t"�` •ti'TACO ECU. OF"$ il1j1� I 1 # APPROVED: • „dr lOfiSAPPROVEO: _ 16A Florida: Department of Transportation CHARLIE CHET 605 Suwannee Street STEPHANE C.KOPELOUSOS GOVERNOR Tallahassee, FL 32399-0450 ST CRETARY March 20, 2009 Ms. Karen Wasielewski Traffic Control Products of FL, Inc. 5514 Carmack Rd. Tampa, Florida 33610 RE: EEO AFFIRMATIVE ACTION PLAN APPROVAL Dear Ms. Wasielewski: The Equal Employment Opportunity Affirmative Action Plan submitted by: Traffic Control Products of FL, Inc. has been received. Please update any changes to your plan as they occur. If you need any additional information, please call Carol Greene at (850) 414- 4750 Si erely, Ca of Green Administrative Assistant Equal Opportunity Office log • Attachment(s) 16A32 REcErvED TRAFFIC CONTROL PRODUCTS OF FL, INC JAN 2004 5514 CARMACK ROAD BY C TAMPA, FL 300 • REViSION 6/21/2003 EQUAL EMPLOYMENT OPPORTUNITY AND kFF1RMATIV.E ACTION REc EEOIAA POLICY AND PLAN E' O jRe MAR 3 I2QC14 EEO/AA POLICY STATEMENT ft is the policy of Traffic Control Products of FL,inc. to comply and cooperate to the fullest extent with all applicable regulations of the equal Employment Opportunity Provisions of the Civil Rights Act of 1964,Executive Order 11246,the Rehabilitation Act of 1973 (29 U.S.C. 793), the Americans with Disabilities Act(ADA)of June 26, 1990 and the Vietnam Ea Veterans Readjustment.Assistance Act of 1972, all as amended:This policy pertains, as far as the responsibility of Traffic Control Products of FL., Inc. is concerned, to any arrangement under which employees, including trainees, are selected for work. It is the policy. of Traffic Control Products of FL,Inc. notto discriminate against any employee or applicant for employment because of race, religion, color, age, sex, and national origin, disabilities or Vietnam Era and Special Disabled Veterans status. Traffic Control Products of FL., hc. will take afro inative action to assure an equal employment opportunity to all qualified persons, and that employees are treated-equally.during employment without regard to their race,religion, color, age, sex, national origin, disabilities; or Vietnam Era and Special Disabled Veteran's status. Such action shall include hut not be limitedto: 1. Employment, Upgrading, demotion, or transfer. 2. Recruitment and recruitment advertising 3. Layoff or termination 4. Rate of pay of other forms of compensation 5. Selection for training, including apprenticeship, pre-apprenticeship and/or on-the- job training. EEO OFFICER DUTIES It is the policy of Traffic Control Products of FL,inc. to continuously maintain the appointment of an Equal,Employni.enf LZppot-funity Oftcer{1*EO II rcer-): The lame-and-oont-aet- _.__ information for the EEO Officer will be communicated along with this policy. The EEO Offcer has responsibility for effectively administering and promoting an active program of equal employment opportunity, The EEO Otfcer will coordinate the EEO efforts of superintendents,supervisors, foremen and others in the position of hiring personnel. Traffic Control Products of FL, hc.'s EEO Officer has the responsibility for effectively administering and promoting an active`program of equal employment opportunity within the Company. The EEO Officer will make recommendations,where appropriate, to correct any deficiencies found in the Company's program. The EEO Offcer will ensure that this policy and plan are being carried out. 16A32 EEO/AA PLAN It is the policy of Traffic Control.Products of FL.,Inc_ that there not be any discrimination by virtue of race, religion, color, age, sex, national origin, disabilities or V ietnarn Era and $ecial Veterans status, in the functions of hiring, placement, up--grading, transfer or demotion. In addition, there shall not be any discriminatory practices in recruitment, advertising, or solicitatio,i for em ployrrient, rates of pay Or other forms of compensation, selection for training including apprenticeship, layoff or termination, or;treatment during employment,The Traffic Control Products of FL, Inc., have affirmative action obligations in the hiring of minorities, females, disabled and veteran's applicants. We will not use goals, timetables or affirmative action standards to discriminate against any person because of their race, religion, color, age, national origin, disabilities, or Vietnam Era and Special Disabled Veteran's status. Traffic Control Products of F.L:.,lnc., will not transfer minority or female employees or trainees from one Company tb another or from project to project for the sole purpose of meeting goals, Traffic Control Products of FL.., ho. shall take specific affirmative actions to ensure equal opportunity. Our compliance with this policy and plan shall be based upon our efforts to achieve maximum results from our actions and we shall document our efforts fully.Traffic Control Products of FL, Inc. will implement specific ,and action steps, at least as extensive as the following actions to ensure equal employment opportunity: 1. Ensure and maintain a working environment free of harassment, intimidation,and coercion at all limes and in all facilites at which our employees are assigned to work. Where possible we will assign two or more women to each construction project. We shall specifically ensure that all foremen,•superintendents and other on-site supervisory personnel are.awareof and carry out:our obligations to maintain such a - working environment, with specific attention to minority or femaie individuals working at such sites ar iri such facilities; 2. Establishand maintain a current list of minority and fernale,recru"iinient sources, provide written notification to rriinority and female;recruitment sources and to community organizations'when we have employment opportunities available, and maintain a record of the organization's responses. 3. Maintain a current file of the names, addresses and telephone number of each minority and females off-the--street applicant or female referral from a union and minority or female referrals:from a union, a recruitment source or community organization and of - what acfiori-was-taken with respect to each such individual: If such individual was sent to the Union hiring hall for referral and was not referred back to Traffic Control Products of FL., loc., by the union or, if referred, not employed by Traffic COntrO1 Products of FL„ this shall be documented in the file with the reason-therefore, along with whatever additional actions Traffic Control Products of FL; lnc.,may,have taken. 4. Provide,immediate written notification b the Director when the union or unions with which we;;have a collective bargaining agreement have not.refe'rr°ed to.us.a minority person or women sent by us, or when we have other information that the union referral process has impeded our efforts to meet our obligations.. 16A3 2 ,,! ,. 5. Develop-on-the-job training opportunities and/or participate in training programs for the area-which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to Traffic Control Products of FL., inc., employment needs, especially those-programs funded or approved by the Department of Labor.'vVe shall provide notice of these programs to the sources complied under a2" above. 6. Disseminate the company EEO policy notice by providing notice to the Unions and, training programs and requesting their cooperation in assisting us in meeting our EEO ., obligations; byincluding it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by!specific review of. the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 7. Review, at least annually, the Company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other erriployment.decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc. prior.to the initiation-of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate Traffic Control Products of FL, Inc., EEO policy externally by including it in any • advertising in the new media, specifically including minority and female news media and proving written notification to and discussing Traffic.Control Rr"oducts.sif FL::; Inc:, EEO policy with other contractors and subconti actors with whom Traffic Control Products of FL_, Inc., does or anticipates doing business. 9. Direct our recruitment efforts, both oral and.written, to minority,trnale and community organizationis, to schools with minority and female students and to female recruitment and training-organizations serving our recruitment area and our employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, we shall send written • notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the-selection process. 10. We will encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation,employment to minority and female youth,both on the siteand in other areas _ of our workforce. 11. ;Validate all test and other selection requirements where there is an obligation to do so under 41 CFP Part 60--3. Conduct at least annually, an inventory and:evaluation ofall Minority and female personnel for promotional opportunities and encourage these employees to prepare for, through appropriate training, etc. such opportunities. 16 A3a. 13. Ensure that seniority practices,job classifications, work•assignrnents and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and our obligations under these specifications are-being carried out. 14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilets and necessary changing facilities-shall be provided to assure privacy between the sexes: 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and'suppliers,.including circulationof solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under Traffic Control Products of FL., Inc. EEO policies and affirmative action obligations. RECORDS Traffic Control Products of FL., hc.will keep-records to monitor all employment related activity to ensure that Traffic Control Products of FL..,Inc:s EEO policy is being carried out Records shall at least include for each employee the name, address,telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g.,mechanic, apprentice,-trainee, helper, or laborer), dates and changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed_ REPORTING OF COMPLAINTS If at anytime-anyone feels he or she has been discriniinatedf against'because of sex, race, religion, color, age, national origin, disabilities or Vietnam•E'ra arid Social Disabled Veteran status;they-should report this matter to Traffic Control Products of EL..,Inc. EEO Officer whose name and contact information is communicated along with this policy. ' The EEO Officer will investigate all complaints of alleged discrimination made to the company in connection with its contractual obligations. The`EEO Officer will attempt to resolve such complaints, corrective actions to be•t`aken and will-then follow up on actions taken and their effect lfthe investigation indicates thatthe discrimination may affect persons other:#hat the complainant, such corrective actions shall includesuch:other persons. • Upon completion of each investigation,1ihe_EEO 0-Cider will inform every complainant Of ali of lois or iter avenues of appeal The addresses-shown below are such avenues for appeals. ,tea e 4. REPORT COMPLAINTS TO: . • _ :Our Company EEO Officer ._..—.--- fiondaCommssion -_.._. ._____�—�_._._., on Human r Their name and contact information is Relations Isubsequently shown/posted 2009 Apalachee Parkway, Suite 100 - T Tallahassee, Fl 32301-4857 . (850)488-7082 or(800)34.2.78170 U.S. Dept. of Labor,-Regional Director U.S. Federal Highway Administration Office of Federal Contract Compliance 227 N. Bronough Street, Room 2015 61 Forsyth Street, SW,Room 7B75 Tallahassee, Fl 32301 Atlanta, Ga 30303 - (404)-562-2424 (850) 942 9650 U.S. Equal Employment Opportunity Commission U.S. Equal Employment Opportunity Commission Miami District Office Tampa D-istFict Oboe • One Biscayne Tower ' 501 East Polk Street, Suite 1020 2 South Biscayne Blvd., Suite 2700 _ Tampa, FI 33602 Miami, Fl 33131 - (800) 669-4000 I ( 8.00) 669-4000 ___/ ,6,_,..,La.,,...aee:_t_vig,-. . . , i aten.-T`Vasiele.. _ President/Traffic Control.Products of FL,Inc. • . • i 16A32 COLLIER COUNTY Vendor Submittal —Conflict of Interest Certification Collier County Solicitation No. I, Ki ot,{.p h W{}tSt.Liiu, .K� , hereby certify that to the best of my knowledge, neither I nor my spouse,dependent child, general partner, or any organization for which I am serving as an officer,director,trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household.Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by,the conduct of this matter. liar-en t,Was1e1-0 Name ( Signature ?(eS1ct r to I ac 15 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of Interest laws and regulations. Additional disclosures of the information on this report may be made:(1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government Is a party or In order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain Information relevant to a conflict of interest investigation or decision; (4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5)to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding,if the Information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGEJGOVT-2 executive branch-wide Privacy Act system of records. COLLIER COUNTY Certification Regarding Drug-Free Workplace Requirements The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about—(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d) Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e)and (f). �iar�n O CASA Q l Q w K I (' , aDA.. Certifying Official Name Title (as Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-46 LAP CERTIFICATION OF CURRENT CAPACITY PRODUCTION SUPPORT 12,94 Page 1of2 CONFIDENTIAL For bids to be received on Fill in your FDOT Vendor Number 41 .501a0 is (Letting Date) VF 5 9 a 5' fs ? 2 ? o a o g1 (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY(maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the"Status of Contracts on Hand"report(page 2) $_ I611 33. Z$S• 3 I further certify that the"Status of Contracts on Hand"report(page 2)was prepared as follows: 1. If the letting is before the 25th day of the month,the certificate and report reflect the uncompleted work as of the 15th day of the month, last preceding the month of the letting. 2. If the letting is after the 25th day of the month,the certificate and report reflects the uncompleted work In progress as of the 15th day of the month of the letting. 3. All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against our total rating. e0A+rot Pry c'4 .... I certify that the information above is correct. NAME OF FIRM Sworn to and subscribed this as day By: K )^-,-- C.cc<J n `� of S'�tft� ,20 1% C ' (Qri tiOX.Cie112,)S k f — rf i#Or Title 0 rl 0 � N NMN . Q pp b p 4 M mnn m ~ pp O p p N . i ry ' o . o c e o 8 NNW ed o m vi . WCrH W W m 113 0M Q O e 'A M Dl NW ryC Nb N 01 As sr ON 0 MO M Y � . ON q N l C O U K 1/F K K K N K K K K K K K K N N K K K K K K O 8 Y .b-1 b N . V•I N b Q N mn VI N Y H d M E t 6 K K K 8 8 Q S S 81 8 N 8 8 8 8 M 2 2 S I 21 8 5 m -. .... .4 .i nni .m1 d A o E ami n sq} ^ 1vm� n 111 O tFAi. 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N § & / ; § © \ g § § § 22 § § k / § C § ] § 2 § Is N Is ( k U N N CCC N - - V / § \ \ ) j H } ) a. - Z. 2 ; ! ! ; = .m 0 $ _ ! _ ; I 1 i5ZE 3 g 7 . cs j=. @ � { k • - " - � 2 � Ea � i ; ) N001 U � k o c2to k g.§ a ! ; f$ k D \ ) k / C # k { \ e' r , / / ; r2 i 2 k § ) ! V k d z / ) k k - V. k k 0 . _ 1..6.A32. • . • THE CONTRACTOR CERTIFIES THE FOLLOWING STATEMENTS: Non-Collusion Provision The undersigned hereby certifies,to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. Lobbying Certification "The undersigned hereby certifies,to the best of his or her knowledge and belief,that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, 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 agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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, US 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 failure." Suspension and Debarment "The Bidder certifies that, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; ITB 15-6445 GG Sidewalk Improvements . _ . . a 6 A „.„ (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud-or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c)is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (d) has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." fryz../A.- C2ae2-c.).41-1- Signature V ctr€n DoSt.eIews Printed Name —11(s0. 1 c C0 al 3r uc-,s OP FL' Firm Name ITB 15-6445 GG Sidewalk Improvements • . . I 6 it 3 #r) Company ID Number: 45025 INFORMATION REQUIRED FOR THE E-VERIFY PROGRAM Information relating to your Company: Company Name: Traffic Control Products of FL,Inc. Company Facility Address: 5514 Carmack Road Tampa,FL 33610 Company Alternate Address: County or Parish: HILLSBOROUGH Employer Identification Number: 592582822 North American Industry Classification Systems Code: 237 Parent Company: 100 to Number of Employees: 499 Number of Sites Verified for: 1 Are you verifying for more than I site? If yes,please provide the number of sites verified for in each State. • FLORIDA I site(s) Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name: KERRY PALADINO Telephone Number: (813)621-8484 Fax Number: (813)621-4611 E-mail Address: kerryp®trafficcantrolproducts.org , Company[D Number:45025 USCIS Verification Division Name(Please type or print) Title Electronically Signed 06/04/2007 Signature Date Search Results System for Award Management Page 1 of 1 View assistance for Search Results Search Results 3 2 Current Search Terms:traffic* control* products* of florida* Notice:This printed document represents only the first page of your SAM search results.More results may be available.To Glossary orint your complete search results,you can download the PDF and print It. No records found for current search. Search Entity Exclusion Search Filters By Record Status By Functional Area-Entity Management By Functional Area- Performance Information SAM I System far Awed Management 1.0 IBM vI.P32.20150626.1050 Note to all Users:This is a Federal Government computer system.Use of this USA.g / system constitutes consent to monitoring at all times. sig `�" https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS rOOABXdcACJgYXZheC5m... 7/6/2015 Search Results System for Award Management 1' A° view.for Search Result Search Results Notice:This printed document represents only the first page of your SAM search results.More results may be available.To Glossary print your complete search results,you can download the PDF and print It No records found for current search. leach Resift Entity Exclusion Search Filters By Record Status By Functional Area-Entity Management By Functional Area- Performance Information SAM I System for Award Management 1.0 IBM v1.P32.20150626-1050 Note to all Users:This is a Federal Government computer system.Use of this El 1#1iw!�.ga_ system constitutes consent to monitoring at all times. �< https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS rOOABXdcACJgYXZheC5m... 7/6/2015 Detail by Entity Name 6 e 1 � 52 FLORIDA DEPARTMENT OP STATE jAft DIVISION or CORPORATIONS n Detail by Entity Name Florida Profit Corporation TRAFFIC CONTROL PRODUCTS OF FLORIDA, INC. Filing Information Document Number H69640 FEI/EIN Number 592582822 Date Filed 08/05/1985 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 12/16/1985 Event Effective Date NONE Principal Address 5514 CARMACK ROAD TAMPA, FL 33610 Changed: 03/25/1994 Mailing Address 5514 CARMACK ROAD TAMPA, FL 33610 Changed: 02/18/2009 Registered Agent Name &Address WASIELEWSKI, KAREN 5514 CARMACK ROAD TAMPA, FL 33610 Name Changed: 08/05/1986 Address Changed: 03/25/1994 Officer/Director Detail Name &Address Title PT WASIELEWSKI, KAREN 5514 CARMACK RD TAMPA, FL 33610 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/6/2015 Detail by Entity Name 1 6aA23 Title S DUKAT, CAMILLE 5514 CARMACK RD TAMPA, FL 33610 Annual Reports Report Year Filed Date 2013 02/05/2013 2014 02/26/2014 2015 01/23/2015 Document Images 01/23/2015 --ANNUAL REPORT View image in PDF format 02/26/2014 --ANNUAL REPORT View image in PDF format 02/05/2013 --ANNUAL REPORT View image in PDF format 01/19/2012 --ANNUAL REPORT View image in PDF format 01/26/2011 --ANNUAL REPORT View image in PDF format 02/19/2010 --ANNUAL REPORT View image in PDF format 02/18/2009 --ANNUAL REPORT View image in PDF format 01/07/2008 --ANNUAL REPORT View image in PDF format 03/05/2007 --ANNUAL REPORT View image in PDF format 01/11/2006 --ANNUAL REPORT View image in PDF format 03/07/2005 --ANNUAL REPORT View image in PDF format 02/04/2004 --ANNUAL REPORT View image in PDF format 01/23/2003 --ANNUAL REPORT View image in PDF format 02/05/2002 --ANNUAL REPORT View image in PDF format 01/24/2001 --ANNUAL REPORT View image in PDF format 01/19/2000 --ANNUAL REPORT View image in PDF format 03/03/1999 --ANNUAL REPORT View image in PDF format 01/30/1998 --ANNUAL REPORT View image in PDF format 03/21/1997 --ANNUAL REPORT View image in PDF format 05/01/1996 --ANNUAL REPORT View image in PDF format 04/11/1995 --ANNUAL REPORT View image in PDF format Coovrioht©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/6/2015 16A32 EXHIBIT B: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ 58 ITS 15-6445 GG Sidewalk Improvements 1 6 A 3 9 EXHIBIT C: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ 59 ITB 15-6445 GG Sidewalk Improvements 16 *32 EXHIBIT D: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ 60 ITS 15-6445 GG Sidewalk Improvements 1 6 A 3 2 EXHIBIT E: STANDARD DETAILS Supporting documents found at: http://bid.colliergov.net/bid/ 61 ITB 15-6445 GG Sidewalk Improvements 16A32 EXHIBIT F: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ 62 ITB 15-6445 GG Sidewalk Improvements EXHIBIT G1 FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM (LAP) GRANT REQUIREMENTS The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government (Agency) for the purpose of this engagement only. Bonding Upon award, furnish to the Agency, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Agency. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Agency, and has the Agency's approval. Ensure that the surety's resident agent's name, address and telephone number is clearly stated on the face of the Contract Bond. Buy America and Foreign Contractor and Supplier Restriction Source of Supply- Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 63 ITB 15-6445 GG Sidewalk Improvements Certification of Current Capacity 1 6 A 32 The contractor must certify that he/she has the financial capacity to complete the project. Change in the Work (Change Orders) See General Terms and Conditions: Section 10 Changes in the Work, Article 10.2 Change Order, Collier County Bid, page 18. Claims and Disputes See General Terms and Conditions - Section 11 Claims and Disputes See Collier County Bid, pages 19-20. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. Legal Requirements and Responsibility to the Public — Disadvantaged Business Enterprise Program (REV 10-23-12) (FA 11-15-12) (7-13) The Florida Department of Transportation began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State assisted contracts; however, FDOT has an overall 9,91% goal it must achieve. See the Disadvantaged Business Enterprise Program at the end of this provisions document. Equal Employment Opportunity Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex, or disability and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color, national origin, sex or disability. Such action must include: 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, pre-apprenticeship, and/or on- the-job training." Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer) who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. 64 ITB 15-6445 GG Sidewalk Improvements 16A32 Recruitment: When advertising for employees, include in all advertisements for employees, the notation, An Equal Opportunity Employer". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: a. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. c. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence, if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. d. Investigate all complaints of alleged discrimination made in connection with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation, inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: a. The number of minority and non-minority group members employed in each work classification on the project. b. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole, or in part, on unions as a source of their work force). c. The progress and efforts being made in locating, hiring, training qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. d. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Federal Highway Administration. 65 ITB 15-6445 GG Sidewalk Improvements 16A32 Upon request, submit to the Department a report of the number of minority and non-minority group employees currently engaged in each work classification required by this Contract work. Equipment Rental Rates For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA information, Inc. (version current at the time of bid), using all instructions and adjustment contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: a. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x - 100%, b. Allowable Hourly Operating Cost = Hourly Operating Cost x 100%. c. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. d. Standby Rate =Allowable Hourly Equipment Rate x 50%. The Monthly Rate is the Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight hours or more. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. Incentive/Disincentive Clauses (Project Specific) Provision excluded from this contract. E-Verify Vendor/Contractors: a. Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and b. Shall expressly require any subcontractors performing work, or providing services pursuant to the state contract, to likewise utilize the U.S. Department of Homeland Security's E-Verify 66 ITB 15-6445 GG Sidewalk Improvements _ _ 1 6 A j2 system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. The Website for E-Verify is: http://www.uscis.gov/e-verify FHWA FORM 1273 The FHWA 1273 Electronic Version, dated May 1, 2012 is posted on the Department's website at the following URL address: http://www.dot.state.fl.us/specificationsoffice/Implemented/URLinSpecs/files/FHWA1273.pdf Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a), include gender and race in the weekly annotated payroll records. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414-4101. FHWA Form 1273 appears in its entirety at the end of this Exhibit. Foreign Contractor and Supplier Proposal may not limit this project to domestic-owned contractors only. Indian Preference On Federal-aid Projects (Labor & Employment) Provision excluded from this contract. Liquidated Damages See Construction Agreement- Section 5B - Liquidated Damages in General, Collier County Bid, page 37. Local Hiring Preference Provision excluded from this contract. Award and Execution of Contract(Method of Bidding) See Instructions to Bidders - Section 12.2 Statement of Award, Collier County Bid, page 8. Non-Collusion Certification See Exhibit G2—Bid Package, Collier County Bid. On-The-Job Training Requirements As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: 67 ITS 15-6445 GG Sidewalk Improvements 16A32 The Contractor shall provide on-the-job training aimed at developing full journeymen in the type(s) of trade or job classification(s) involved in the work. In the event the Contractor subcontracts a portion of the contract work, he/she shall determine how many, if any, of the trainees are to be trained by the subcontractor provided that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. The Contractor shall apply the requirements of the Section to such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at the Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria. A. Determine the number of trainees on Federal Aid Contract: I. No trainees will be required for contracts with a contract time allowance of less than 225 calendar days. II. If the contract time allowance is 225 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required Under$1,000,000 0 Over$1,000,000 to $4,000,000 2 Over$4,000,000 to $6,000,000 3 Over$6,000,000 to $12,000,000 5 Over$12,000,000 to $18,000,000 7 Over$18,000,000 to $24,000,000 9 Over$24,000,000 to $31,000,000 12 Over$31,000,000 to $37,000,000 13 Over$37,000,000 to $43,000,000 14 Over$43,000,000 to $49,000,000 15 Over$49,000,000 to $55,000,000 16 Over$55,000,000 to $62,000,000 17 Over$62,000,000 to $68,000,000 18 Over$68,000,000 to $74,000,000 19 Over$74,000,000 to $81,000,000 20 Over$81,000,000 to $87,000,000 21 Over$87,000,000 to $93,000,000 22 Over$93,000,000 to $99,000,000 23 Over$99,000,000 to $105,000,000 24 Over$105,000,000 to $112,000,000 25 Over$112,000,000 to $118,000,000 26 Over$118,000,000 to $124,000,000 27 Over$124,000,000 to $130,000,000 28 Over$130,000,000* *One additional trainee per $6,000,000 of estimated Construction Contract amount over$130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors 68 ITB 15-6445 GG Sidewalk Improvements 1 6 A 3 2 working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting. Within ten (10) days after the Post-Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On-The-Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the contract time during which training of each trainee is to take place. This schedule may be subject to change if the following occur: a. When a start date on the approved On-The-Job Training Schedule has been missed by 14 or more days; b. When there is a change(s) in previously approved classifications; c. When replacement trainees are added due to voluntary or involuntary termination. The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance.Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: a. Full credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees over the established number for this Contract will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked trainee" is described as an employee who has been trained on a project, over and above the established goal and for which the Contractor desires to preserve credit for utilization on a subsequent project. b. Full credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification for a significant period and completes his/her training on this Contract. c. Full credit will be allowed for each trainee who, due to the amount of work available in his/her classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. d. Full credit will be allowed for any training position indicated in the approved On-The-Job Training Schedule, if the Contractor can demonstrate that he/she has made his/her a good faith effort to provide training in that classification. e. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. The Contractor shall, as far as is practical, comply with the time frames established in the approved On-The-Job Training Schedule. When this proves to be impractical, a revised schedule shall be submitted and approved as provided above. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the 69 ITB 15-6445 GG Sidewalk Improvements 16A32 extent such persons are available within a reasonable area of recruitment. If a non-minority male is enrolled into On-The-Job Training, the On-The-Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended, and shall not be used, to discriminate against any applicant or training, whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which he/she has successfully completed a training course leading to journeyman status, has been employed as a journeyman, or has had extensive experience in the classification being considered for training. The Contractor shall satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be established at the Post- Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: a. Trainee Enrollment and Personnel Action Form; b. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department; and, c. A letter stating that the trainee has sufficiently progressed in the craft and is being promoted to journeyman status. The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the contractor and to qualify the average trainee for journeyman status, in the classifications concerned, by at least the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training or with a State Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract. Approval or acceptance of training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On-The-Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. 70 ITB 15-6445 GG Sidewalk Improvements 1 6 A 3 2 It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial type positions. Training is permissible in positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. Some offsite training is permissible as long. as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the contractor may receive training program funds from other sources, provided such other sources do not specifically prohibit the Contractor from receiving other forms of compensation. Credit for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees are concurrently employed on a Federal Aid Project, contributes to the cost of the training, provides the instruction to the trainee and pays the trainee's wages during the offsite training period. No credit shall be given to the Contractor if either the failure to provide the required training, or the failure to hire the trainee as a journeyman for a period ample enough to allow the employee time to gain experience in the training classification or failure to continue training the employee in time to gain experience in the training classifications is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Section. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. This compensation rate will be increased to the journeyman's wage for that classification upon graduation from the training program. The Contractor shall furnish the trainee a copy of the program he will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours such trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On-The-Job Training Notification of Personnel Action Form no later than seven days after the effective date of the action when the following occurs: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntarily terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth (10th) day of the subsequent month. The Monthly Time Report shall indicate the phases and sub-phases of the number of hours devoted to each. 71 ITB 15-6445 GG Sidewalk Improvements 1 6 .A Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, Timekeeper trainees will not be approved for the On-The-Job Training Program. Painters, Electricians and Mechanics are identified as crafts under-utilized by minorities. All training classifications, except Laborers, are identified as under-utilized by females. Priority selection should also include those crafts under-utilized and/or void of minorities and/or female by the particular company's workforce. If the Contractor does not select a training classification that has been targeted as an under-utilized craft, and those classifications can be used for the selection of training for this project, the On-The- Job Training Schedule will not be approved unless written justification for exceptions is attached. Owner Force Account/Cost-Effective Justification Provision excluded from this contract. Patented/Proprietary Materials The Owner certifies that neither patented nor proprietary material are required or specifically named in the specifications to be used for this project. Prequalification A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must be certified by the Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Department of Transportation as qualified shall be declared "IRREGULAR" and will be REJECTED. Prevailing Minimum Wage (Unless Exempted by the Florida Department of Transportation) Be familiar with the reference, "Legal Requirements and Responsibility to the Public - Wage Rates For Federal —Aid Projects, revised (01/2014). For LAP construction contracts, payment of predetermined minimum wages applies. This requirement may be exempted on a case by case basis upon review and approval from the Florida Department of Transportation State Wage Compliance Office. If this requirement is exempted, it will be stated as such at the beginning of the solicitation documentation. The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number(s) 01/03/2014 FL206, as modified up through ten days prior to the opening of bids. This Wage Rate Decision appears in its entirety at the end of this Exhibit if applicable. Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. When needed, request additional classifications through the Engineer's Office. 72 ITB 15-6445 GG Sidewalk Improvements 16 A3 2 , : For guidance on requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Wage Rate Coordinator, at (850) 414-4492, if the Department's website cannot be accessed or there are questions. Progress Payments See General Terms and Conditions— (4) Progress Payments, Collier County Bid page 13. Prohibition against Convict Produced Materials Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: a. Materials produced by convicts on parole, supervised release, or probation from a prison; or b. Materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with, or bid on, construction projects against the private sector. Publicly-Owned Equipment The County does not allow Contractors the use of publicly owned equipment. Salvage Credits Provision excluded from this contract. Standardized Changes Conditions Contract Clauses Differing site conditions: I. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature, differing materially from those 73 ITB 15-6445 GG Sidewalk Improvements 6 A 7., ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. II. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. III. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. IV. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer: I. If the performance of all, or any portion, of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer, in writing, a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. II. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract, in writing, accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. III. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. IV. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 74 ITB 15-6445 GG Sidewalk Improvements 16A32 II. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for, or against, the contractor in such amount as the engineer may determine to be fair and equitable. III. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. IV. The term "significant change" shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. State Produced Materials (Florida or other) Provision is excluded from this contract. State/Local Owned/Furnished/Designated Materials Provisions are excluded from this contract. All materials required for this project shall be furnished by the contractor. Projects located on the National Highway System shall require FHWA approval for direct purchase of materials. Subcontracting FHWA 1273 requires the prime contractor to perform 30% of work on Federal-aid roadways. See General Terms and Conditions— (33) Subcontracts, Collier County Bid, page 32. Termination of Contract See General Terms and Conditions, Collier County Bid (18) Termination for Default, page 23-24. (19) Termination for Convenience and Right of Suspension, page 24. Time Extensions See General Terms and Conditions— (21)Warranty, Collier County Bid, page 25. 75 ITB 15-6445 Advanced Intersection Signs Warranty See General Terms and Conditions— (09) Contract Times and Extensions, Collier County Bid, page 18. Title VI Requirements The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. ----Remainder of page intentionally left blank 76 ITB 15-6445 GG Sidewalk Improvements 16A32 APPENDICES A & E (Revised 01/2015) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the"Contractor") agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "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. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, 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 contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) 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. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, 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 contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 77 ITB 15-6445 Advanced Intersection Signs C ,�,r ;ate (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) 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 Transportation, and, in addition, the Contractor may I request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the.basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 78 ITB 15-6445 Advanced Intersection Signs LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC — DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (REV 10-23-12) (FA 11-15-12) (7-13) Disadvantaged Business Enterprise Program Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract Collier County signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "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." Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: a. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. b. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to- day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. c. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs foc disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 7s ITB 15-6445 Advanced Intersection Signs 16A32 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. Anticipated DBE Participation Statement - within 3 business days after the Pre- Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: a. the procedures adopted to comply with these Specifications; b. the number of subordinated Contracts on Department projects awarded to DBEs; c. the dollar value of the Contracts awarded to DBEs; d. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; e. a description of the general categories of Contracts awarded to DBEs; f. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the change. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: a. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work)will be counted as DBE credit. b. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. c. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. 80 ITB 15-6445 Advanced Intersection Signs 16A32 d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. f. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. g. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work; and other relevant factors. h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. i. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 81 ITB 15-6445 Advanced Intersection Signs 16A32 FHWA Form 1273 See following pages for this document. 82 ITB 15-6445 Advanced Intersection Signs 16A32 FHWA-1273— Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS agreements for supplies or services related to a I. General construction contract). II. Nondiscrimination III. Nonsegregated Facilities 2. Subject to the applicability criteria noted in the IV. Davis-Bacon and Related Act Provisions following sections,these contract provisions shall apply V. Contract Work Hours and Safety Standards Act to all work performed on the contract by the Provisions contractor's own organization and with the assistance VI. Subletting or Assigning the Contract of workers under the contractor's immediate VII. Safety:Accident Prevention superintendence and to all work performed on the VIII. False Statements Concerning Highway Projects contract by piecework, station work, or by subcontract. IX. Implementation of Clean Air Act and Federal Water Pollution Control Act 3. A breach of any of the stipulations contained in X. Compliance with Governmentwide Suspension these Required Contract Provisions may be sufficient and Debarment Requirements grounds for withholding of progress payments, Xl. Certification Regarding Use of Contract Funds for withholding of final payment,termination of the Lobbying contract, suspension/debarment or any other action determined to be appropriate by the contracting agency ATTACHMENTS and FHWA. A. Employment and Materials Preference for 4. Selection of Labor: During the performance of this Appalachian Development Highway System or contract,the contractor shall not use convict labor for Appalachian Local Access Road Contracts(included in any purpose within the limits of a construction project Appalachian contracts only) on a Federal-aid highway unless it is labor performed by convicts who are on parole,supervised release,or I. GENERAL probation. The term Federal-aid highway does not include roadways functionally classified as local roads 1. Form FHWA-1273 must be physically incorporated or rural minor collectors. in each construction contract funded under Title 23 (excluding emergency contracts solely intended for II. NONDISCRIMINATION debris removal). The contractor(or subcontractor) must insert this form in each subcontract and further The provisions of this section related to 23 CFR Part require its inclusion in all lower tier subcontracts 230 are applicable to all Federal-aid construction (excluding purchase orders,rental agreements and contracts and to all related construction subcontracts of other agreements for supplies or services). $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or The applicable requirements of Form FHWA-1273 are architectural service contracts. incorporated by reference for work done under any purchase order, rental agreement or agreement for In addition,the contractor and all subcontractors must other services. The prime contractor shall be comply with the following policies: Executive Order responsible for compliance by any subcontractor, 11246,41 CFR 60,29 CFR 1625-1627,Title 23 USC lower-tier subcontractor or service provider. Section 140,the Rehabilitation Act of 1973, as amended(29 USC 794),Title VI of the Civil Rights Act Form FHWA-1273 must be included in all Federal-aid of 1964,as amended, and related regulations including design-build contracts, in all subcontracts and in lower 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200, tier subcontracts(excluding subcontracts for design 230,and 633. services, purchase orders,rental agreements and other agreements for supplies or services). The design- The contractor and all subcontractors must comply builder shall be responsible for compliance by any with: the requirements of the Equal Opportunity Clause subcontractor, lower-tier subcontractor or service in 41 CFR 60-1.4(b)and,for all construction contracts provider. exceeding$10,000,the Standard Federal Equal Employment Opportunity Construction Contract Contracting agencies may reference Form FHWA-1273 Specifications in 41 CFR 60-4.3. in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically Note:The U.S. Department of Labor has exclusive incorporated(not referenced)in all contracts, authority to determine compliance with Executive Order subcontracts and lower-tier subcontracts(excluding 11246 and the policies of the Secretary of Labor purchase orders, rental agreements and other including 41 CFR 60, and 29 CFR 1625-1627. The 83 ITB 15-6445 Advanced Intersection Signs 16 A32 contracting agency and the FHWA have the authority recommend such action, or who are substantially and the responsibility to ensure compliance with Title involved in such action,will be made fully cognizant of, 23 USC Section 140,the Rehabilitation Act of 1973,as and will implement,the contractor's EEO policy and amended(29 USC 794), and Title VI of the Civil Rights contractual responsibilities to provide EEO in each Act of 1964,as amended,and related regulations grade and classification of employment. To ensure that including 49 CFR Parts 21, 26 and 27;and 23 CFR the above agreement will be met,the following actions Parts 200, 230,and 633. will be taken as a minimum: The following provision is adopted from 23 CFR 230, a. Periodic meetings of supervisory and personnel Appendix A,with appropriate revisions to conform to office employees will be conducted before the start of the U.S. Department of Labor(US DOL)and FHWA work and then not less often than once every six requirements. months,at which time the contractor's EEO policy and its implementation will be reviewed and explained. The 1. Equal Employment Opportunity: Equal meetings will be conducted by the EEO Officer. employment opportunity(EEO) requirements not to discriminate and to take affirmative action to assure b. All new supervisory or personnel office employees equal opportunity as set forth under laws,executive will be given a thorough indoctrination by the EEO orders, rules, regulations(28 CFR 35,29 CFR 1630, Officer,covering all major aspects of the contractor's 29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)and EEO obligations within thirty days following their orders of the Secretary of Labor as modified by the reporting for duty with the contractor. provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific c. All personnel who are engaged in direct affirmative action standards for the contractor's project recruitment for the project will be instructed by the EEO activities under this contract.The provisions of the Officer in the contractor's procedures for locating and Americans with Disabilities Act of 1990(42 U.S.C. hiring minorities and women. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In d. Notices and posters setting forth the contractor's the execution of this contract,the contractor agrees to EEO policy will be placed in areas readily accessible to comply with the following minimum specific employees,applicants for employment and potential requirement activities of EEO: employees. a.The contractor will work with the contracting e. The contractor's EEO policy and the procedures to agency and the Federal Govemment to ensure that it implement such policy will be brought to the attention of has made every good faith effort to provide equal employees by means of meetings,employee opportunity with respect to all of its terms and handbooks,or other appropriate means. conditions of employment and in their review of activities under the contract. 4. Recruitment:When advertising for employees,the contractor will include in all advertisements for b.The contractor will accept as its operating policy employees the notation:"An Equal Opportunity the following statement: Employer." All such advertisements will be placed in publications having a large circulation among minorities "It is the policy of this Company to assure that and women in the area from which the project work applicants are employed,and that employees are force would normally be derived. treated during employment,without regard to their race, religion, sex, color,national origin,age or a. The contractor will, unless precluded by a valid disability. Such action shall include:employment, bargaining agreement,conduct systematic and direct upgrading,demotion,or transfer; recruitment or recruitment through public and private employee recruitment advertising; layoff or termination;rates of referral sources likely to yield qualified minorities and pay or other forms of compensation; and selection for women. To meet this requirement,the contractor will training,including apprenticeship, pre-apprenticeship, identify sources of potential minority group employees, and/or on-the-job training." and establish with such identified sources procedures whereby minority and women applicants may be 2. EEO Officer:The contractor will designate and referred to the contractor for employment make known to the contracting officers an EEO Officer consideration. who will have the responsibility for and must be capable of effectively administering and promoting an b. In the event the contractor has a valid bargaining active EEO program and who must be assigned agreement providing for exclusive hiring hall referrals, adequate authority and responsibility to do so. the contractor is expected to observe the provisions of that agreement to the extent that the system meets the 3. Dissemination of Policy:All members of the contractor's compliance with EEO contract provisions. contractor's staff who are authorized to hire, supervise, Where implementation of such an agreement has the promote, and discharge employees, or who effect of discriminating against minorities or women,or 84 ITB 15-6445 Advanced Intersection Signs 1 A 3 n obligates the contractor to do the same,such training programs for the geographical area of contract implementation violates Federal nondiscrimination performance. In the event a special provision for provisions. training is provided under this contract,this subparagraph will be superseded as indicated in the c. The contractor will encourage its present special provision. The contracting agency may reserve employees to refer minorities and women as applicants • training positions for persons who receive welfare for employment. Information.and procedures with assistance in accordance with 23 U.S.C. 140(a). regard to referring such applicants will be discussed with employees. c. The contractor will advise employees and applicants for employment of available training 5. Personnel Actions:Wages,working conditions, programs and entrance requirements for each. and employee benefits shall be established and administered, and personnel actions of every type, d. The contractor will periodically review the training including hiring, upgrading, promotion,transfer, and promotion potential of employees who are demotion, layoff,and termination,shall be taken minorities and women and will encourage eligible without regard to race, color, religion,sex, national employees to apply for such training and promotion. origin, age or disability. The following procedures shall be followed: 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor a. The contractor will conduct periodic inspections of will use good faith efforts to obtain the cooperation of project sites to insure that working conditions and such unions to increase opportunities for minorities and employee facilities do not indicate discriminatory women. Actions by the contractor,either directly or treatment of project site personnel. through a contractor's association acting as agent,will include the procedures set forth below: b. The contractor will periodically evaluate the spread of wages paid within each classification to a. The contractor will use good faith efforts to determine any evidence of discriminatory wage develop,in cooperation with the unions,joint training practices. programs aimed toward qualifying more minorities and women for membership in the unions and increasing c. The contractor will periodically review selected the skills of minorities and women so that they may personnel actions in depth to determine whether there qualify for higher paying employment. is evidence of discrimination. Where evidence is found,the contractor will promptly take corrective b. The contractor will use good faith efforts to action. If the review indicates that the discrimination incorporate an EEO clause into each union agreement may extend beyond the actions reviewed,such to the end that such union will be contractually bound corrective action shall include all affected persons. to refer applicants without regard to their race,color, religion,sex,national origin,age or disability. d. The contractor will promptly investigate all complaints of alleged discrimination made to the c. The contractor is to obtain information as to the contractor in connection with its obligations under this referral practices and policies of the labor union except contract,will attempt to resolve such complaints,and that to the extent such information is within the will take appropriate corrective action within a exclusive possession of the labor union and such labor reasonable time. If the investigation indicates that the union refuses to furnish such information to the discrimination may affect persons other than the contractor,the contractor shall so certify to the complainant, such corrective action shall include such contracting agency and shall set forth what efforts have other persons. Upon completion of each investigation, been made to obtain such information. the contractor will inform every complainant of all of their avenues of appeal. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the 6.Training and Promotion: time limit set forth in the collective bargaining agreement,the contractor will,through independent a. The contractor will assist in locating,qualifying, recruitment efforts,fill the employment vacancies and increasing the skills of minorities and women who without regard to race,color,religion, sex, national are applicants for employment or current employees. origin, age or disability;making full efforts to obtain Such efforts should be aimed at developing full journey qualified and/or qualifiable minorities and women. The level status employees in the type of trade or job failure of a union to provide sufficient referrals(even classification involved. though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) b. Consistent with the contractor's work force does not relieve the contractor from the requirements requirements and as permissible under Federal and of this paragraph. In the event the union referral State regulations,the contractor shall make full use of practice prevents the contractor from meeting the training programs, i.e.,apprenticeship,and on-the-job obligations pursuant to Executive Order 11246, as 85 ITB 15-6445 Advanced Intersection Signs 16A32 amended,and these special provisions, such (2)The progress and efforts being made in contractor shall immediately notify the contracting cooperation with unions,when applicable,to increase agency. employment opportunities for minorities and women; 8. Reasonable Accommodation for Applicants/ and Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the (3)The progress and efforts being made in locating, Americans with Disabilities Act and all rules and hiring,training,qualifying,and upgrading minorities regulations established there under. Employers must and women; provide reasonable accommodation in all employment activities unless to do so would cause an undue b. The contractors and subcontractors will submit an hardship. annual report to the contracting agency each July for the duration of the project, indicating the number of 9.Selection of Subcontractors, Procurement of minority,women,and non-minority group employees Materials and Leasing of Equipment:The contractor currently engaged in each work classification required shall not discriminate on the grounds of race, color, by the contract work. This information is to be reported religion,sex, national origin,age or disability in the on Form FHWA-1391. The staffing data should selection and retention of subcontractors,including represent the project work force on board in all or any procurement of materials and leases of equipment. part of the last payroll period preceding the end of July. The contractor shall take all necessary and reasonable If on-the-job training is being required by special steps to ensure nondiscrimination in the administration provision,the contractor will be required to collect and of this contract. report training data. The employment data should reflect the work force on board during all or any part of a. The contractor shall notify all potential the last payroll period preceding the end of July. subcontractors and suppliers and lessors of their EEO obligations under this contract. III.NONSEGREGATED FACILITIES b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. 10. Assurance Required by 49 CFR 26.13(b): The contractor must ensure that facilities provided for a. The requirements of 49 CFR Part 26 and the employees are provided in such a manner that State DOT's U.S. DOT-approved DBE program are segregation on the basis of race,color, religion,sex, or incorporated by reference. national origin cannot result. The contractor may neither require such segregated use by written or oral b. The contractor or subcontractor shall not policies nor tolerate such use by employee custom. discriminate on the basis of race,color, national origin, The contractor's obligation extends further to ensure or sex in the performance of this contract. The that its employees are not assigned to perform their contractor shall carry out applicable requirements of 49 services at any location,under the contractors control, CFR Part 26 in the award and administration of DOT- where the facilities are segregated. The term assisted contracts. Failure by the contractor to carry "facilities"includes waiting rooms,work areas, out these requirements is a material breach of this restaurants and other eating areas,time clocks, contract,which may result in the termination of this restrooms,washrooms,locker rooms,and other contract or such other remedy as the contracting storage or dressing areas, parking lots, drinking agency deems appropriate. fountains, recreation or entertainment areas, transportation,and housing provided for employees. 11. Records and Reports:The contractor shall keep The contractor shall provide separate or single-user such records as necessary to document compliance restrooms and necessary dressing or sleeping areas to with the EEO requirements. Such records shall be assure privacy between sexes. retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places IV. DAVIS-BACON AND RELATED ACT for inspection by authorized representatives of the PROVISIONS contracting agency and the FHWA. a. The records kept by the contractor shall document This section is applicable to all Federal-aid construction the following: projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of (1)The number and work hours of minority and non- subcontract size). The requirements apply to all minority group members and women employed in each projects located within the right-of-way of a roadway work classification on the project; that is functionally classified as Federal-aid highway. 86 ITB 15-6445 Advanced Intersection Signs A {, e—, This excludes roadways functionally classified as local is to be employed under the contract shall be classified roads or rural minor collectors,which are exempt. in conformance with the wage determination.The Contracting agencies may elect to apply these contracting officer shall approve an additional requirements to other projects. classification and wage rate and fringe benefits therefore only when the following criteria have been The following provisions are from the U.S. Department met: of Labor regulations in 29 CFR 5.5"Contract provisions and related matters"with minor revisions to conform to (i)The work to be performed by the classification the FHWA-1273 format and FHWA program requested is not performed by a classification in the requirements. wage determination; and 1. Minimum wages (ii)The classification is utilized in the area by the construction industry;and a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally (iii)The proposed wage rate,including any bona and not less often than once a week,and without fide fringe benefits, bears a reasonable relationship subsequent deduction or rebate on any account to the wage rates contained in the wage (except such payroll deductions as are permitted by determination. regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of (2) If the contractor and the laborers and mechanics wages and bona fide fringe benefits(or cash to be employed in the classification (if known),or their equivalents thereof)due at time of payment computed representatives, and the contracting officer agree on at rates not less than those contained in the wage the classification and wage rate(including the amount determination of the Secretary of Labor which is designated for fringe benefits where appropriate),a attached hereto and made a part hereof, regardless of report of the action taken shall be sent by the any contractual relationship which may be alleged to contracting officer to the Administrator of the Wage exist between the contractor and such laborers and and Hour Division, Employment Standards mechanics. Administration, U.S. Department of Labor, Washington, DC 20210.The Administrator,or an Contributions made or costs reasonably anticipated for authorized representative,will approve,modify, or bona fide fringe benefits under section 1(b)(2)of the disapprove every additional classification action Davis-Bacon Act on behalf of laborers or mechanics within 30 days of receipt and so advise the are considered wages paid to such laborers or contracting officer or will notify the contracting officer mechanics,subject to the provisions of paragraph 1.d. within the 30-day period that additional time is of this section; also, regular contributions made or necessary. costs incurred for more than a weekly period(but not less often than quarterly) under plans,funds,or (3)In the event the contractor,the laborers or programs which cover the particular weekly period, are mechanics to be employed in the classification or deemed to be constructively made or incurred during their representatives,and the contracting officer do such weekly period. Such laborers and mechanics shall not agree on the proposed classification and wage be paid the appropriate wage rate and fringe benefits rate(including the amount designated for fringe on the wage determination for the classification of work benefits,where appropriate),the contracting officer actually performed,without regard to skill, except as shall refer the questions, including the views of all provided in 29 CFR 5.5(a)(4).Laborers or mechanics interested parties and the recommendation of the performing work in more than one classification may be contracting officer,to the Wage and Hour compensated at the rate specified for each Administrator for determination.The Wage and Hour classification for the time actually worked therein: Administrator,or an authorized representative,will Provided,That the employer's payroll records issue a determination within 30 days of receipt and so accurately set forth the time spent in each classification advise the contracting officer or will notify the in which work is performed.The wage determination contracting officer within the 30-day period that (including any additional classification and wage rates additional time is necessary. conformed under paragraph 1.b. of this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the (4)The wage rate(including fringe benefits where site of the work in a prominent and accessible place appropriate)determined pursuant to paragraphs where it can.be easily seen by the workers. 1.b.(2)or 1.b.(3)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is b. (1)The contracting officer shall require that performed in the classification. any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which 87 ITB 15-6445 Advanced Intersection Signs 16A32 c.Whenever the minimum wage rate prescribed in found under 29 CFR 5.5(a)(1)(iv)that the wages of any the contract for a class of laborers or mechanics laborer or mechanic include the amount of any costs includes a fringe benefit which is not expressed as an reasonably anticipated in providing benefits under a hourly rate,the contractor shall either pay the benefit plan or program described in section 1(b)(2)(B)of the as stated in the wage determination or shall pay Davis-Bacon Act,the contractor shall maintain records another bona fide fringe benefit or an hourly cash which show that the commitment to provide such equivalent thereof. benefits is enforceable,that the plan or program is financially responsible,and that the plan or program d. If the contractor does not make payments to a has been communicated in writing to the laborers or trustee or other third person, the contractor may mechanics affected,and records which show the costs consider as part of the wages of any laborer or anticipated or the actual cost incurred in providing such mechanic the amount of any costs reasonably benefits. Contractors employing apprentices or trainees anticipated in providing bona fide fringe benefits under under approved programs shall maintain written a plan or program, Provided,That the Secretary of evidence of the registration of apprenticeship programs Labor has found, upon the written request of the and certification of trainee programs,the registration of contractor,that the applicable standards of the Davis- the apprentices and trainees,and the ratios and wage Bacon Act have been met.The Secretary of Labor may rates prescribed in the applicable programs. require the contractor to set aside in a separate account assets for the meeting of obligations under the b. (1)The contractor shall submit weekly for plan or program. each week in which any contract work is performed a copy of all payrolls to the contracting agency. The 2. Withholding payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full The contracting agency shall upon its own action or social security numbers and home addresses shall not upon written request of an authorized representative of be included on weekly transmittals. Instead the payrolls the Department of Labor,withhold or cause to be shall only need to include an individually identifying withheld from the contractor under this contract, or any number for each employee(e.g. ,the last four digits of other Federal contract with the same prime contractor, the employee's social security number).The required or any other federally-assisted contract subject to weekly payroll information may be submitted in any Davis-Bacon prevailing wage requirements,which is form desired.Optional Form WH-347 is available for held by the same prime contractor, so much of the this purpose from the Wage and Hour Division Web accrued payments or advances as may be considered site at necessary to pay laborers and mechanics, including http://www.dol.gov/esa/whd/forms/wh347instr.htm or its apprentices,trainees,and helpers,employed by the successor site.The prime contractor is responsible for contractor or any subcontractor the full amount of the submission of copies of payrolls by all wages required by the contract. In the event of failure subcontractors. Contractors and subcontractors shall to pay any laborer or mechanic, including any maintain the full social security number and current apprentice,trainee,or helper, employed or working on address of each covered worker, and shall provide the site of the work,all or part of the wages required by them upon request to the contracting agency for the contract,the contracting agency may, after written transmission to the State DOT,the FHWA or the Wage notice to the contractor,take such action as may be and Hour Division of the Department of Labor for necessary to cause the suspension of any further purposes of an investigation or audit of compliance with payment, advance,or guarantee of funds until such prevailing wage requirements. It is not a violation of this violations have ceased. section for a prime contractor to require a subcontractor to provide addresses and social security 3. Payrolls and basic records numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the (2)Each payroll submitted shall be accompanied by a work and preserved for a period of three years "Statement of Compliance,"signed by the contractor or thereafter for all laborers and mechanics working at the subcontractor or his or her agent who pays or site of the work. Such records shall contain the name, supervises the payment of the persons employed address,and social security number of each such under the contract and shall certify the following: worker, his or her correct classification,hourly rates of wages paid (including rates of contributions or costs (i)That the payroll for the payroll period contains anticipated for bona fide fringe benefits or cash the information required to be provided under§5.5 equivalents thereof of the types described in section (a)(3)(ii)of Regulations,29 CFR part 5,the. 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly appropriate information is being maintained under number of hours worked,deductions made and actual §5.5(a)(3)(i)of Regulations,29 CFR part 5, and wages paid.Whenever the Secretary of Labor has that such information is correct and complete; 88 ITB 15-6445 Advanced Intersection Signs 16 *32 (ii)That each laborer or mechanic(including each individually registered in the program, but who has helper,apprentice,and trainee)employed on the been certified by the Office of Apprenticeship Training, contract during the payroll period has been paid the Employer and Labor Services or a State full weekly wages earned,without rebate,either Apprenticeship Agency(where appropriate)to be directly or indirectly,and that no deductions have eligible for probationary employment as an apprentice. been made either directly or indirectly from the full wages earned, other than permissible deductions The allowable ratio of apprentices to journeymen on as set forth in Regulations,29 CFR part 3; the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to (iii)That each laborer or mechanic has been paid the entire work force under the registered program.Any not less than the applicable wage rates and fringe worker listed on a payroll at an apprentice wage rate, benefits or cash equivalents for the classification of who is not registered or otherwise employed as stated work performed, as specified in the applicable wage above, shall be paid not less than the applicable wage determination incorporated into the contract. rate on the wage determination for the classification of work actually performed. In addition,any apprentice (3)The weekly submission of a properly executed performing work on the job site in excess of the ratio certification set forth on the reverse side of Optional permitted under the registered program shall be paid Form WH-347 shall satisfy the requirement for not less than the applicable wage rate on the wage submission of the"Statement of Compliance" determination for the work actually performed. Where a required by paragraph 3.b.(2)of this section. contractor is performing construction on a project in a locality other than that in which its program is (4)The falsification of any of the above registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)specified certifications may subject the contractor or in the contractor's or subcontractor's registered subcontractor to civil or criminal prosecution under program shall be observed. section 1001 of title 18 and section 231 of title 31 of the United States Code. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's c.The contractor or subcontractor shall make the level of progress,expressed as a percentage of the records required under paragraph 3.a. of this section journeymen hourly rate specified in the applicable available for inspection, copying, or transcription by wage determination.Apprentices shall be paid fringe authorized representatives of the contracting agency, benefits in accordance with the provisions of the the State DOT,the FHWA, or the Department of apprenticeship program. If the apprenticeship program Labor,and shall permit such representatives to does not specify fringe benefits,apprentices must be interview employees during working hours on the job. If paid the full amount of fringe benefits listed on the the contractor or subcontractor fails to submit the wage determination for the applicable classification. If required records or to make them available,the FHWA the Administrator determines that a different practice may, after written notice to the contractor,the prevails for the applicable apprentice classification, contracting agency or the State DOT,take such action fringes shall be paid in accordance with that as may be necessary to cause the suspension of any determination. further payment, advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may In the event the Office of Apprenticeship Training, be grounds for debarment action pursuant to 29 CFR Employer and Labor Services, or a State 5.12. Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize 4. Apprentices and trainees apprentices at less than the applicable predetermined rate for the work performed until an acceptable a.Apprentices (programs of the USDOL). program is approved. Apprentices will be permitted to work at less than the b.Trainees(programs of the USDOL). predetermined rate for the work they performed when they are employed pursuant to and individually Except as provided in 29 CFR 5.16,trainees will not be registered in a bona fide apprenticeship program permitted to work at less than the predetermined rate registered with the U.S. Department of Labor, for the work performed unless they are employed Employment and Training Administration,Office of pursuant to and individually registered in a program Apprenticeship Training, Employer and Labor Services, which has received prior approval, evidenced by formal or with a State Apprenticeship Agency recognized by certification by the U.S. Department of Labor, the Office,or if a person is employed in his or her first Employment and Training Administration. 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not 89 ITB 15-6445 Advanced Intersection Signs I (;) A3 ,17 The ratio of trainees to journeymen on the job site shall CFR part 3,which are incorporated by reference in this not be greater than permitted under the plan approved contract. by the Employment and Training Administration. 6.Subcontracts. The contractor or subcontractor j Every trainee must be paid at not less than the rate shall insert Form FHWA-1273 in any subcontracts and specified in the approved program for the trainee's level also require the subcontractors to include Form FHWA- of progress,expressed as a percentage of the 1273 in any lower tier subcontracts.The prime journeyman hourly rate specified in the applicable contractor shall be responsible for the compliance by wage determination.Trainees shall be paid fringe any subcontractor or lower tier subcontractor with all benefits in accordance with the provisions of the the contract clauses in 29 CFR 5.5. trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full 7.Contract termination: debarment. A breach of the amount of fringe benefits listed on the wage contract clauses in 29 CFR 5.5 may be grounds for determination unless the Administrator of the Wage termination of the contract,and for debarment as a and Hour Division determines that there is an contractor and a subcontractor as provided in 29 CFR apprenticeship program associated with the 5.12. corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the 8.Compliance with Davis Bacon and Related Act payroll at a trainee rate who is not registered and requirements. All rulings and interpretations of the participating in a training plan approved by the Davis-Bacon and Related Acts contained in 29 CFR Employment and Training Administration shall be paid parts 1, 3,and 5 are herein incorporated by reference not less than the applicable wage rate on the wage in this contract. determination for the classification of work actually performed. In addition,any trainee performing work on 9.Disputes concerning labor standards. Disputes the job site in excess of the ratio permitted under the arising out of the labor standards provisions of this registered program shall be paid not less than the contract shall not be subject to the general disputes applicable wage rate on the wage determination for the clause of this contract. Such disputes shall be resolved work actually performed. in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes In the event the Employment and Training within the meaning of this clause include disputes Administration withdraws approval of a training between the contractor(or any of its subcontractors) program, the contractor will no longer be permitted to and the contracting agency,the U.S. Department of utilize trainees at less than the applicable Labor,or the employees or their representatives. predetermined rate for the work performed until an acceptable program is approved. 10.Certification of eligibility. c. Equal employment opportunity.The utilization of a. By entering into this contract,the contractor certifies apprentices,trainees and joumeymen under this part that neither it(nor he or she) nor any person or firm shall be in conformity with the equal employment who has an interest in the contractor's firm is a person opportunity requirements of Executive Order 11246, as or firm ineligible to be awarded Government contracts amended, and 29 CFR part 30. by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). d. Apprentices and Trainees(programs of the U.S. DOT). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government Apprentices and trainees working under apprenticeship contract by virtue of section 3(a)of the Davis-Bacon and skill training programs which have been certified by Act or 29 CFR 5.12(a)(1). the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction c.The penalty for making false statements is programs are not subject to the requirements of prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. paragraph 4 of this Section IV.The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular V. CONTRACT WORK HOURS AND SAFETY programs.The ratio of apprentices and trainees to STANDARDS ACT journeymen shall not be greater than permitted by the terms of the particular program. The following clauses apply to any Federal-aid 5.Compliance with Copeland Act requirements. construction contract in an amount in excess of The contractor shall comply with the requirements of 29 $100,000 and subject to the overtime provisions of the 90 ITS 15-6445 Advanced Intersection Signs 16A32 2 Contract Work Hours and Safety Standards Act.These clauses set forth in paragraphs(1.)through(4.)of this clauses shall be inserted in addition to the clauses section. required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards. VI.SUBLETTING OR ASSIGNING THE CONTRACT 1.Overtime requirements. No contractor or This provision is applicable to all Federal-aid subcontractor contracting for any part of the contract construction contracts on the National Highway work which may require or involve the employment of System. laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or 1.The contractor shall perform with its own she is employed on such work to work in excess of organization contract work amounting to not less than forty hours in such workweek unless such laborer or 30 percent(or a greater percentage if specified mechanic receives compensation at a rate not less elsewhere in the contract)of the total original contract than one and one-half times the basic rate of pay for all price, excluding any specialty items designated by the hours worked in excess of forty hours in such contracting agency. Specialty items may be performed workweek. by subcontract and the amount of any such specialty items performed may be deducted from the total 2.Violation; liability for unpaid wages; liquidated original contract price before computing the amount of damages. In the event of any violation of the clause work required to be performed by the contractor's own set forth in paragraph(1.)of this section,the contractor organization (23 CFR 635.116). and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor a. The term"perform work with its own organization" and subcontractor shall be liable to the United States refers to workers employed or leased by the prime (in the case of work done under contract for the District contractor, and equipment owned or rented by the of Columbia or a territory,to such District or to such prime contractor,with or without operators. Such term territory),for liquidated damages. Such liquidated does not include employees or equipment of a damages shall be computed with respect to each subcontractor or lower tier subcontractor,agents of the individual laborer or mechanic, including watchmen and prime contractor,or any other assignees. The term guards,employed in violation of the clause set forth in may include payments for the costs of hiring leased paragraph (1.)of this section, in the sum of$10 for employees from an employee leasing firm meeting all each calendar day on which such individual was relevant Federal and State regulatory requirements. required or permitted to work in excess of the standard Leased employees may only be included in this term if workweek of forty hours without payment of the the prime contractor meets all of the following overtime wages required by the clause set forth in conditions: paragraph (1.)of this section. (1)the prime contractor maintains control over the 3.Withholding for unpaid wages and liquidated supervision of the day-to-day activities of the leased damages.The FHWA or the contacting agency shall employees; upon its own action or upon written request of an (2)the prime contractor remains responsible for the authorized representative of the Department of Labor quality of the work of the leased employees; withhold or cause to be withheld,from any moneys (3)the prime contractor retains all power to accept payable on account of work performed by the or exclude individual employees from work on the contractor or subcontractor under any such contract or project;and any other Federal contract with the same prime (4)the prime contractor remains ultimately contractor, or any other federally-assisted contract responsible for the payment of predetermined subject to the Contract Work Hours and Safety minimum wages,the submission of payrolls, Standards Act,which is held by the same prime statements of compliance and all other Federal contractor, such sums as may be determined to be regulatory requirements. necessary to satisfy any liabilities of such contractor or b."Specialty Items"shall be construed to be limited to subcontractor for unpaid wages and liquidated work that requires highly specialized knowledge, damages as provided in the clause set forth in abilities, or equipment not ordinarily available in the paragraph(2.)of this section. type of contracting organizations qualified and expected to bid or propose on the contract as a whole 4.Subcontracts. The contractor or subcontractor and in general are to be limited to minor components of shall insert in any subcontracts the clauses set forth in the overall contract. paragraph(1.)through(4.)of this section and also a clause requiring the subcontractors to include these 2.The contract amount upon which the requirements clauses in any lower tier subcontracts.The prime set forth in paragraph(1)of Section VI is computed contractor shall be responsible for compliance by any includes the cost of material and manufactured subcontractor or lower tier subcontractor with the 91 ITB 15-6445 Advanced Intersection Signs 1OP132 x products which are to be purchased or produced by the representative thereof,shall have right of entry to any 4.' contractor under the contract provisions. site of contract performance to inspect or investigate the matter of compliance with the construction safety 3.The contractor shall furnish(a)a competent and health standards and to carry out the duties of the superintendent or supervisor who is employed by the Secretary under Section 107 of the Contract Work firm, has full authority to direct performance of the work Hours and Safety Standards Act(40 U.S.C.3704). in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work)and (b)such other of its own VIII. FALSE STATEMENTS CONCERNING organizational resources(supervision, management, HIGHWAY PROJECTS and engineering services)as the contracting officer determines is necessary to assure the performance of This provision is applicable to all Federal-aid the contract. construction contracts and to all related subcontracts. 4. No portion of the contract shall be sublet, assigned In order to assure high quality and durable or otherwise disposed of except with the written construction in conformity with approved plans and consent of the contracting officer,or authorized specifications and a high degree of reliability on representative, and such consent when given shall not statements and representations made by engineers, be construed to relieve the contractor of any contractors,suppliers,and workers on Federal-aid responsibility for the fulfillment of the contract. Written highway projects, it is essential that all persons consent will be given only after the contracting agency concerned with the project perform their functions as has assured that each subcontract is evidenced in carefully,thoroughly,and honestly as possible. Willful writing and that it contains all pertinent provisions and falsification,distortion,or misrepresentation with requirements of the prime contract. respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding 5.The 30%self-performance requirement of paragraph regarding the seriousness of these and similar acts, (1)is not applicable to design-build contracts;however, Form FHWA-1022 shall be posted on each Federal-aid contracting agencies may establish their own self- highway project(23 CFR 635)in one or more places performance requirements. where it is readily available to all persons concerned with the project: VII.SAFETY:ACCIDENT PREVENTION 18 U.S.C. 1020 reads as follows: This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. "Whoever, being an officer,agent,or employee of the United States, or of any State or Territory,or whoever, 1. In the performance of this contract the contractor whether a person,association,firm, or corporation, shall comply with all applicable Federal, State,and knowingly makes any false statement,false local laws governing safety, health, and sanitation(23 representation,or false report as to the character, CFR 635).The contractor shall provide all safeguards, quality, quantity, or cost of the material used or to be safety devices and protective equipment and take any used, or the quantity or quality of the work performed or other needed actions as it determines,or as the to be performed,or the cost thereof in connection with contracting officer may determine,to be reasonably the submission of plans,maps,specifications, necessary to protect the life and health of employees contracts, or costs of construction on any highway or on the job and the safety of the public and to protect related project submitted for approval to the Secretary property in connection with the performance of the of Transportation;or work covered by the contract. Whoever knowingly makes any false statement,false 2. It is a condition of this contract,and shall be made a representation,false report or false claim with respect condition of each subcontract,which the contractor to the character, quality,quantity,or cost of any work enters into pursuant to this contract,that the contractor performed or to be performed,or materials furnished or and any subcontractor shall not permit any employee, to be furnished, in connection with the construction of in performance of the contract,to work in surroundings any highway or related project approved by the or under conditions which are unsanitary, hazardous or Secretary of Transportation;or dangerous to his/her health or safety, as determined under construction safety and health standards(29 Whoever knowingly makes any false statement or CFR 1926)promulgated by the Secretary of Labor, in false representation as to material fact in any accordance with Section 107 of the Contract Work statement, certificate,or report submitted pursuant to Hours and Safety Standards Act(40 U.S.C. 3704). provisions of the Federal aid Roads Act approved July 1, 1916, (39 Stat.355),as amended and 3. Pursuant to 29 CFR 1926.3, it is a condition of this supplemented; contract that the Secretary of Labor or authorized 92 ITB 15-6445 Advanced Intersection Signs 16A32 Shall be fined under this title or imprisoned not more when the contracting agency determined to enter into than 5 years or both." this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies IX. IMPLEMENTATION OF CLEAN AIR ACT AND available to the Federal Government,the contracting FEDERAL WATER POLLUTION CONTROL ACT agency may terminate this transaction for cause of default. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. d.The prospective first tier participant shall provide immediate written notice to the contracting agency to By submission of this bid/proposal or the execution of whom this proposal is submitted if any time the this contract,or subcontract, as appropriate,the bidder, prospective first tier participant learns that its proposer, Federal-aid construction contractor,or certification was erroneous when submitted or has subcontractor,as appropriate,will be deemed to have become erroneous by reason of changed stipulated as follows: circumstances. 1.That any person who is or will be utilized in the e.The terms"covered transaction,""debarred," performance of this contract is not prohibited from "suspended,""ineligible,""participant,""person," receiving an award due to a violation of Section 508 of "principal,"and"voluntarily excluded,"as used in this the Clean Water Act or Section 306 of the Clean Air clause,are defined in 2 CFR Parts 180 and 1200. Act. "First Tier Covered Transactions"refers to any covered 2.That the contractor agrees to include or cause to be transaction between a grantee or subgrantee of included the requirements of paragraph(1)of this Federal funds and a participant(such as the prime or Section X in every subcontract, and further agrees to general contract). "Lower Tier Covered Transactions" take such action as the contracting agency may direct refers to any covered transaction under a First Tier as a means of enforcing such requirements. Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or X. CERTIFICATION REGARDING DEBARMENT, subgrantee of Federal funds(such as the prime or SUSPENSION, INELIGIBILITY AND VOLUNTARY general contractor). "Lower Tier Participant°refers any EXCLUSION participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier This provision is applicable to all Federal-aid Participants(such as subcontractors and suppliers). construction contracts,design-build contracts, subcontracts, lower-tier subcontracts,purchase orders, f.The prospective first tier participant agrees by lease agreements,consultant contracts or any other submitting this proposal that,should the proposed covered transaction requiring FHWA approval or that is covered transaction be entered into, it shall not estimated to cost$25,000 or more— as defined in 2 knowingly enter into any lower tier covered transaction CFR Parts 180 and 1200, with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in 1. Instructions for Certification—First Tier this covered transaction, unless authorized by the Participants: department or agency entering into this transaction. a. By signing and submitting this proposal,the g.The prospective first tier participant further agrees prospective first tier participant is providing the by submitting this proposal that it will include the clause certification set out below. titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier b.The inability of a person to provide the certification Covered Transactions,"provided by the department or set out below will not necessarily result in denial of contracting agency,entering into this covered participation in this covered transaction.The transaction,without modification, in all lower tier prospective first tier participant shall submit an covered transactions and in all solicitations for lower explanation of why it cannot provide the certification set tier covered transactions exceeding the$25,000 out below.The certification or explanation will be threshold. considered in connection with the department or agency's determination whether to enter into this h.A participant in a covered transaction may rely transaction. However,failure of the prospective first tier upon a certification of a prospective participant in a participant to furnish a certification or an explanation lower tier covered transaction that is not debarred, shall disqualify such a person from participation in this suspended,ineligible, or voluntarily excluded from the transaction. covered transaction, unless it knows that the certification is erroneous. A participant is responsible c.The certification in this clause is a material for ensuring that its principals are not suspended, representation of fact upon which reliance was placed debarred, or otherwise ineligible to participate in 93 ITB 15-6445 Advanced Intersection Signs 16A32I covered transactions. To verify the eligibility of its b. Where the prospective participant is unable to principals, as well as the eligibility of any lower tier certify to any of the statements in this certification,such prospective participants,each participant may, but is prospective participant shall attach an explanation to not required to,check the Excluded Parties List System this proposal. website (https://www.epls.gov/),which is compiled by the General Services Administration. 2. Instructions for Certification -Lower Tier Participants: i. Nothing contained in the foregoing shall be construed to require the establishment of a system of (Applicable to all subcontracts,purchase orders and records in order to render in good faith the certification other lower tier transactions requiring prior FHWA required by this clause.The knowledge and information approval or estimated to cost$25,000 or more-2 CFR of the prospective participant is not required to exceed Parts 180 and 1200) that which is normally possessed by a prudent person in the ordinary course of business dealings. a. By signing and submitting this proposal,the prospective lower tier is providing the certification set j. Except for transactions authorized under out below. paragraph (f)of these instructions, if a participant in a covered transaction knowingly enters into a lower tier b.The certification in this clause is a material covered transaction with a person who is suspended, representation of fact upon which reliance was placed debarred, ineligible,or voluntarily excluded from when this transaction was entered into. If it is later participation in this transaction, in addition to other determined that the prospective lower tier participant remedies available to the Federal Government,the knowingly rendered an erroneous certification, in department or agency may terminate this transaction addition to other remedies available to the Federal for cause or default. Government,the department,or agency with which this transaction originated may pursue available remedies, ***** including suspension and/or debarment. 2. Certification Regarding Debarment,Suspension, c.The prospective lower tier participant shall provide Ineligibility and Voluntary Exclusion — First Tier immediate written notice to the person to which this Participants: proposal is submitted if at any time the prospective lower tier participant learns that its certification was a. The prospective first tier participant certifies to the erroneous by reason of changed circumstances. best of its knowledge and belief,that it and its principals: d.The terms"covered transaction,""debarred," "suspended,""ineligible,""participant,""person," (1) Are not presently debarred,suspended, "principal,"and"voluntarily excluded,"as used in this proposed for debarment,declared ineligible, or clause,are defined in 2 CFR Parts 180 and 1200, You voluntarily excluded from participating in covered may contact the person to which this proposal is transactions by any Federal department or agency; submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to (2) Have not within a three-year period preceding any covered transaction between a grantee or this proposal been convicted of or had a civil judgment subgrantee of Federal funds and a participant(such as rendered against them for commission of fraud or a the prime or general contract). "Lower Tier Covered criminal offense in connection with obtaining, Transactions"refers to any covered transaction under a attempting to obtain,or performing a public(Federal, First Tier Covered Transaction(such as subcontracts). State or local)transaction or contract under a public "First Tier Participant"refers to the participant who has transaction;violation of Federal or State antitrust entered into a covered transaction with a grantee or statutes or commission of embezzlement,theft,forgery, subgrantee of Federal funds(such as the prime or bribery,falsification or destruction of records, making general contractor). "Lower Tier Participant"refers any false statements, or receiving stolen property; participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier (3) Are not presently indicted for or otherwise Participants(such as subcontractors and suppliers). criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the e.The prospective lower tier participant agrees by offenses enumerated in paragraph(a)(2)of this submitting this proposal that,should the proposed certification;and covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction (4) Have not within a three-year period preceding with a person who is debarred,suspended, declared this application/proposal had one or more public ineligible,or voluntarily excluded from participation in transactions(Federal, State or local)terminated for this covered transaction, unless authorized by the cause or default. department or agency with which this transaction originated. 94 ITB 15-6445 Advanced Intersection Signs 16A32 ***** f.The prospective lower tier participant further agrees by submitting this proposal that it will include XI. CERTIFICATION REGARDING USE OF this clause titled"Certification Regarding Debarment, CONTRACT FUNDS FOR LOBBYING Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all This provision is applicable to all Federal-aid lower tier covered transactions and in all solicitations construction contracts and to all related subcontracts for lower tier covered transactions exceeding the which exceed$100,000(49 CFR 20). $25,000 threshold. 1.The prospective participant certifies, by signing and g.A participant in a covered transaction may rely submitting this bid or proposal,to the best of his or her upon a certification of a prospective participant in a knowledge and belief,that: lower tier covered transaction that is not debarred, suspended, ineligible,or voluntarily excluded from the a. No Federal appropriated funds have been paid or covered transaction, unless it knows that the will be paid, by or on behalf of the undersigned,to any certification is erroneous.A participant is responsible person for influencing or attempting to influence an for ensuring that its principals are not suspended, officer or employee of any Federal agency,a Member debarred,or otherwise ineligible to participate in of Congress,an officer or employee of Congress,or an covered transactions. To verify the eligibility of its employee of a Member of Congress in connection with principals, as well as the eligibility of any lower tier the awarding of any Federal contract,the making of prospective participants,each participant may, but is any Federal grant,the making of any Federal loan,the not required to,check the Excluded Parties List System entering into of any cooperative agreement, and the website(https://www.epls.gov/),which is compiled by extension,continuation, renewal,amendment, or the General Services Administration. modification of any Federal contract, grant, loan,or cooperative agreement. h. Nothing contained in the foregoing shall be construed to require establishment of a system of b. If any funds other than Federal appropriated funds records in order to render in good faith the certification have been paid or will be paid to any person for required by this clause.The knowledge and information influencing or attempting to influence an officer or of participant is not required to exceed that which is employee of any Federal agency, a Member of normally possessed by a prudent person in the Congress,an officer or employee of Congress,or an ordinary course of business dealings. employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative i. Except for transactions authorized under agreement,the undersigned shall complete and submit paragraph e of these instructions, if a participant in a Standard Form-LLL,"Disclosure Form to Report covered transaction knowingly enters into a lower tier Lobbying,"in accordance with its instructions. covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from 2.This certification is a material representation of fact participation in this transaction, in addition to other upon which reliance was placed when this transaction remedies available to the Federal Government,the was made or entered into. Submission of this department or agency with which this transaction certification is a prerequisite for making or entering into originated may pursue available remedies, including this transaction imposed by 31 U.S.C. 1352. Any suspension and/or debarment. 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. Certification Regarding Debarment,Suspension, 3.The prospective participant also agrees by Ineligibility and Voluntary Exclusion--Lower Tier submitting its bid or proposal that the participant shall Participants: require that the language of this certification be included in all lower tier subcontracts,which exceed 1.The prospective lower tier participant certifies, by $100,000 and that all such recipients shall certify and submission of this proposal,that neither it nor its disclose accordingly. principals is presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 95 ITS 15-6445 Advanced Intersection Signs 1 6 A 3 2 ATTACHMENT A-EMPLOYMENT AND MATERIALS be required, and(d)any other pertinent information PREFERENCE FOR APPALACHIAN required by the State Employment Service to complete DEVELOPMENT HIGHWAY SYSTEM OR the job order form. The job order may be placed with APPALACHIAN LOCAL ACCESS ROAD the State Employment Service in writing or by CONTRACTS telephone. If during the course of the contract work, This provision is applicable to all Federal-aid projects the information submitted by the contractor in the funded under the Appalachian Regional Development original job order is substantially modified,the Act of 1965. participant shall promptly notify the State Employment Service. 1. During the performance of this contract,the contractor undertaking to do work which is,or 3.The contractor shall give full consideration to all reasonably may be, done as on-site work,shall give qualified job applicants referred to him by the State preference to qualified persons who regularly reside in Employment Service. The contractor is not required to the labor area as designated by the DOL wherein the grant employment to any job applicants who,in his contract work is situated, or the subregion,or the opinion,are not qualified to perform the classification of Appalachian counties of the State wherein the contract work required. work is situated,except: 4. If,within one week following the placing of a job a.To the extent that qualified persons regularly order by the contractor with the State Employment residing in the area are not available. Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or b. For the reasonable needs of the contractor to less than the number requested,the State Employment employ supervisory or specially experienced personnel Service will forward a certificate to the contractor necessary to assure an efficient execution of the indicating the unavailability of applicants. Such contract work. certificate shall be made a part of the contractor's permanent project records. Upon receipt of this c.For the obligation of the contractor to offer certificate,the contractor may employ persons who do employment to present or former employees as the not normally reside in the labor area to fill positions result of a lawful collective bargaining contract, covered by the certificate, notwithstanding the provided that the number of nonresident persons provisions of subparagraph (1c)above. employed under this subparagraph (1c)shall not exceed 20 percent of the total number of employees 5. The provisions of 23 CFR 633.207(e)allow employed by the contractor on the contract work, the contracting agency to provide a contractual except as provided in subparagraph(4)below. preference for the use of mineral resource materials native to the Appalachian region. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of 6.The contractor shall include the provisions of the laborers,mechanics and other employees required Sections 1 through 4 of this Attachment A in every to perform the contract work, (b)the number of subcontract for work which is,or reasonably may be, employees required in each classification, (c)the date done as on-site work. on which the participant estimates such employees will 96 ITB 15-6445 Advanced Intersection Signs 16A32 2 If Applicable, DOL Wage Rate Decision See following pages for this document. 97 ITB 15-6445 Advanced Intersection Signs Yp N General Decision Number: FL150206 01/02/2015 FL206 Superseded General Decision Number: FL20140206 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * SUFL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work $ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.98 0.00 ELECTRICIAN $ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $12.13 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 IRONWORKER, REINFORCING $ 16.39 0.00 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist) $ 12.05 1. 95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.89 0.00 98 ITB 15-6445 Advanced Intersection Signs F} � LABORER: Common or General $ 11.76 0.00 L 3y LABORER: Flagger $ 11.77 0.00 LABORER: Grade Checker $ 15.88 0.00 LABORER: Landscape & Irrigation $ 11.12 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.93 0.00 LABORER: Pipelayer $ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 0.00 OPERATOR: Broom/Sweeper $ 13. 69 0.00 OPERATOR: Bulldozer $ 18.01 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 0.00 OPERATOR: Crane $ 21.69 0.00 OPERATOR: Curb Machine $ 19. 67 0.00 OPERATOR: Drill $ 14.78 0.00 OPERATOR: Forklift $ 12.58 0.00 OPERATOR: Gradall $ 14.71 0.00 OPERATOR: Grader/Blade $ 20.34 0.00 OPERATOR: Loader $ 16.24 0.00 OPERATOR: Mechanic $ 17.86 0.00 OPERATOR: Milling Machine $ 17.23 0.00 OPERATOR: Oiler $ 17.31 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.82 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 19.35 0.00 OPERATOR: Roller $ 15.56 0.00 99 ITB 15-6445 Advanced Intersection Signs OPERATOR: Scraper $ 11.74 0.00 +a 3 2 OPERATOR: Screed $ 16.67 0.00 OPERATOR: Trencher $ 16.07 0.66 PAINTER: Spray $ 16.38 0.00 TRUCK DRIVER: Dump Truck $ 14.99 0.00 TRUCK DRIVER: Flatbed Truck $ 14.13 0.00 TRUCK DRIVER: Lowboy Truck $ 18.00 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.00 TRUCK DRIVER: Water Truck $ 14.16 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example- is July 1, 100 ITB 15-6445 Advanced Intersection Signs 2014. j 3 Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling 101 ITB 15-6445 Advanced Intersection Signs i‘ , `7 k. > 2 On survey related matters, initial contact, including requests .�. for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 102 ITB 15-6445 Advanced Intersection Signs 16A32 , , . . . .„ EXHIBIT G2 FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM (LAP) GRANT FORMS The following items must be submitted with the bid package. Any missing items may be considered a nonresponsive bid. GRANTING AGENCY REQUIRED FORMS • 1. Grant Acknowledgement • 2. Debarment • 3. Lobbying • 4. DBE MBE Participation • 5. Vehicle Registration • 6. Cert Sublet Work • 7. EEO Officer • 8. Conflict of Interest • 9. Drug Free Workplace • 10. LAP Certification of Current Capacity • 11. Contractor Certificate: Non-Collusion, Lobbying, Suspension and Debarment Provision ALSO SUBMIT WITH BID PACKAGE • EEO/AA Plan (Equal Employment Opportunity/Affirmative Action Plan) • FDOT Prequalification Number CONTRACT ADMINISTRATION FORMS A LAP Contractor must comply with Federal statutes, U.S. Department of Justice, U.S. Department of Transportation (USDOT) and Federal Highway Administration (FHWA) regulations, policies, and procedures promulgated by the Florida Department of Transportation (FDOT). The Contractor and its subs will prepare and complete required forms as a result of these federal requirements. The necessary forms can be found at an FDOT website: http://www.dot.state.fl.us/proceduraldocuments/. Refer to this website to become familiar with all documentation and compliance reporting that must be submitted throughout the project. 103 ITB 15-6445 Advanced Intersection Signs