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Agenda 05/24/2011 Item #16A115/24/2011 Item 16.A.11. EXECUTIVE SUMMARY Recommendation to award Bid #11 -5674 "Boston Avenue Sidewalk Improvements" for construction of sidewalk improvements on both sides of Boston Avenue from South 9th Street to South 1st Street to Stevens & Layton, Inc. in the amount of $152,353.55 (Project #33122) to be reimbursed by FDOT under LAP Agreement. OBJECTIVE: To provide sidewalk improvements in Immokalee on both sides of Boston Avenue from South 9th Street to South 1St Street. CONSIDERATION: On March 23, 2011, the Purchasing Department sent 1173 notices to vendors for Bid #11 -5674 for the construction of sidewalks on both sides of Boston Avenue from South 9t'' Street to South V Street. This project includes a five -foot wide sidewalk together with driveway reconstruction. The driveway reconstruction is necessary throughout the project in order to provide a sidewalk that will meet the Americans with Disabilities Act (ADA) requirements. On April 5, 2011, a non - mandatory pre -bid meeting was held, at which time all prospective bidders had questions answered regarding the bidding documents for this project. On April 28, 2011, seven bids were received and opened. Three of those bids were deemed non - responsive due to incomplete submissions of Equal Employment Opportunity (EEO) documentation in conformance with Federal Highway Administration (FHWA) 1273 provisions. The Florida Department of Transportation (FDOT) which distributes and manages FHWA funding, requires a rigorous amount of documentation that is checked for accuracy and compliance prior to reimbursement. As a result, the County requires a portion of EEO documentation to be submitted by prospective bidders as assurance that EEO compliance can be met. Staff reviewed the unit pricing on the bid tab, and Stevens & Layton, Inc. was the lowest, qualified and responsive bidder. The bid total was $152,353.55. Two of the three bids deemed nonresponsive are lower than the recommended award and total $136,500 and $135,225 respectively. The FDOT has reviewed the bid tab and has provided concurrency with staff's selection of Stevens & Layton, Inc. The qualified and responsive bid results are as follows: Contractor Total Bid Amount Stevens &Layton, Inc $152,353.55 Bonness, Inc. $155,089.28 Gulf Paving Company, Inc. $159,378.68 N.R. Contracting, Inc. $187,845.00 FISCAL IMPACT: Funds in the amount of $152,353.55 are available in the Transportation Grant Fund (711), Project #33122. This project is part of a Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement, FM 425556 -1. The total construction cost will be reimbursed by the FDOT. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. Packet Page -483- 5/24/2011 Item 16.A.11. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for Board approval — SRT. RECOMMENDATION: That the Board award Bid #11 -5674 "Boston Avenue Sidewalk Improvements" to Stevens & Layton, Inc., in the amount of $152,353.55 and authorize the attached contract after review by the County Attorney's Office. Prepared by: Daniel G. Hall, P.E., Senior Project Manager, TE Attachment: Bid Tabulation #11 -5674; Proposed Contract. Packet Page -484- 5/24/2011 Item 16.A.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11. Item Summary: Recommendation to award Bid #11 -5674 "Boston Avenue Sidewalk Improvements" for construction of sidewalk improvements on both sides of Boston Avenue from South 9th Street to South 1st Street to Stevens & Layton, Inc. in the amount of $152,353.55 (Project #33122). Meeting Date: 5/24/2011 Prepared By Name: LynchDiane Title: Administrative Assistant 5/11/20112:20:36 PM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: Daniel Hall 5/11/20112:20:38 PM Approved By Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 5/11/20112:44:49 PM Name: CalvertEugene Title: Project Manager, Principal,Transportation Engineering & Construction Management Date: 5/11/20113:26:15 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & Construction Management Date: 5/11/20113:30:02 PM Name: Tara Castillo Title: Fiscal Technician,Transportation Engineering & Construction Management Date: 5/11/20113:50:42 PM Packet Page -485- 5/24/2011 Item 16.A.11. Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 5/12/2011 7:35:27 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 5/12/20117:47:53 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/12/20114:19: 10 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/13/20118:07:51 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/13/20118:33:04 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 5/13/2011 1:27:35 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/13/20112:42:36 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/13/20114:03: 10 PM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Management & Budget Date: 5/16/20116:20:46 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/17/2011 11:18:47 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/17/20114:53:01 PM Packet Page -486- 5/24/2011 Item 16.A.11. Packet Page -487- 5/24/2011 Item 16.A.11. WA,�� r Boston Avenue Sidewalk Improvements COLLIER COUNTY BID NO. 11 -5674 COLLIER COUNTY, FLORIDA LAP FUNDED Design Professional: Q. Grady Minor & Associates Pudming Daps hw V 3327 Twdami ?rail East . Napfas, Florida 34112.4901 • www- cc1kRvav nWpur g Packet Page -488- M ;- -4j, a. t - Memorandum Date: April 22, 2010 5/24/2011 Item 16.A.11. Email: BrendaBdihart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697. ADDENDUM 3 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 3 ITB 11 -5674 "Boston Avenue Sidewalk Improvements" The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date has been extended until 2:30 pm on April 28, 2011. ADD: 1. It is currently anticipated that the drainage work shown on the plans will be completed by others prior to work on this project. It is anticipated the excavation and grading will be limited to that required to install the sidewalk and adjust final grades. A quantity of embankment has been included if necessary to do more extensive fill and grading. 2. Mailboxes are to be relocated to grass strip between edge of pavement and sidewalk in accordance with FDOT standards. These include mail boxes at the following locations. Sta. 1 + 90, Left 2 + 45, Right 3 + 00, Right 3 + 10, Left Sta. 8 + 55, Left 9 + 90, Left 13 + 00, Left 14 + 75, Left 3. Bidders are to verify existing conditions and type of demolition required for installation of improvement. This includes, but not be limited to driveway types. 4. Existing utility adjustments are identified following. Contractor shall field verify all locations. Sta. 2 + 90, Left Manhole Adjustment 3 + 50 Left Manhole Adjustment 1 Packet Page -489- 5/24/2011 Item 16.A.11. 7 + 20 Left Valve Adjustment 6 + 90 Right Manhole Adjustment 7 + 80 Right UTS Box Adjustment 11 + 25 Left Valve Adjustment 16 + 00 Left Valve Adjustment 15 + 90 Right UTS Box Adjustment 5. Contractor will be required to coordinate with all businesses and property owners to close off all driveways. This coordination shall be done in person. 6. In conjunction with Note 7 under the Traffic Control Notes, the Contractor shall be responsible for the installation of °Detour", "Sidewalk Closed ", etc. signage as necessary for existing sidewalk closures. 7. In conjunction with Note 1 under the Traffic Control Notes, the Contractor shall obtain a Collier County Right -of -Way Permit for the project. The County shall supply all necessary plans for obtaining this Permit and shall pay the Application Fee. Contractor shall coordinate all submittal and receipt of the permit. 8. The Contractor shall be responsible for obtaining a FDEP Generic Stormwater Permit for the project and for implementation of a Stormwater Pollution Plan. This should include the protection of catch basins, curb inlets, etc. Contractor shall utilize silt fences, catch basin inlet devices, etc. as required. Contractor shall be responsible for maintenance of all stormwater devices. 9. Double yellow lane striping with RPM's (50 foot) are to be provided at all stop bar locations. The Bid Form has been revised to reflect this item. 10. Additional removal of pavement striping will be required at the Boston Avenue /South First Street intersection. The Bid Form has been revised to reflect this item. 11. In conjunction with Note 6 under the construction note, concrete shall generally be placed as early in the work day as possible to reduce the potential for vandalism and marking. 12. Attached is a list of Pay Item Notes to supplement the FDOT Pay Item Notes. If a work item shown on the plans or necessary for construction is not included, its cost should be included on appropriate pay items. 13. A revised bid schedule is attached to reflect the addition of several bid items and adjust quantities. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Dan Hall, Project Manager Enc: Bid Schedule Notes Pre Bid Sign in Sheets 2 Packet Page -490- 5/24/2011 Item 16.A.11. ° z w ° L; z w 2 w O CL T r ° m Cis w D z Q z 0 CA O CD IV G G '2 O 75 a 111�111��11111■ ■11111 w I w Iwlw M O N } Q ;510. fr8, t J J J W U W 111 J V1 Co :.. W . U) Q Q J J 'li? SM f4. w N F - �3�k x z ,¢f �* O h= w CL v w LL CO Q ¢ O =_ LL; W (L Q z [V v U _ W Co ¢ C) = UU ff 4 w C � � wQ�¢Jt V C9 j Y 1 ¢ J Jt CL U-' z ��z� � -�00 0 � Mw 'w inPP z °a W�� w LL LLLLT3txZ �w YY .a— Q, Q ZZFw -H � O(�2�JJ F- Z ��Ww U w tU d Z Q otS Z pQ CO U Q 0 J m f! �' �+fA mow- Fn OOaic~n g F=Q C7LL �` wa cnrn C� ¢ U- Z n. a. new zOZ 0 wC� 90 ui vU O I J Q' ¢ 2 U U U U �' ° J J 11 LL T� m— .. m 35 Z Z Z Z ° 0 Z_ _Z ¢ w O¢ '`;�¢r2 ¢000• O Iui M >UUU ry)Co - t. l[) W N N L6 N N T N LO Lr) O O to r T r N IV O Co M+ O O T N M f0 L� 00 Q1 O r N T T T T 1M"�. T T T r T N N IPacket Page -491 - 5/24/2011 Item 16.A.11. BOSTON AVENUE SIDEWALK IMPROVEMENTS BID ITEM NOTES These notes are included to supplement the FDOT pay item notes and not replace them. If a work item shown on the Plans or is necessary for construction of the project is not specifically identified, its cost should be included in a Pay Item as most appropriate. 101-1.1 Mobilization — Shall also include two copies of the signed and sealed "As- Built" plans. 102 -1 Maintenance of Traffic — Shall also include Right -of -Way permitting and the cost of all traffic control related items. This shall include, but not be limited to barricades and any other device needed to properly handle both vehicular and pedestrian traffic during construction. 104 Stormwater Pollution Plan — Shall include the preparation and obtaining of an FDEP Generic Stormwater Permit (NOI) and the implementation and maintenance of the Plan throughout construction. 110 -1 Clearing and Grubbing — Shall also include removal of existing asphalt, dirt, gravel and concrete pavements, sidewalks and drive aprons; miscellaneous saw cutting; miscellaneous demolition and; removal and trimming of existing vegetation as required for the proposed sidewalk. 120.6 Embankment — Includes contingent amount to be deleted if not used during construction to raise raises. It is anticipated that proposed sidewalk improvements can be completed by utility on -site materials. Materials excavated for sidewalk construction are to be utilized for grade adjustment to the sidewalk. 520 -1 -10 Concrete Curb and Gutter — Includes construction of the curb pad. The Contractor has the option to construct a limerock pad at no additional cost. 522 -2 Concrete Sidewalk 6" Thick (contingent) — This is a contingent amount if necessary to remove and replace additional concrete panels adjacent to the new construction. (This includes removal and replacement). This shall not include any existing concrete sidewalk damaged by the Contractor by his work. This shall be removed and replaced at no additional cost. Also if additional tactile strips are required, these shall be paid under the retrofit unit price. GACWrwt -All Solicitations=d Conhwft by Fis¢ YearWY 20 Packet Page -492- k hWevam=ts`1_PmAward\AM #3 Bid item notes.doc 5/24/2011 Item 16.A.11. 575 -1 -1 Sodding (Bahia) — Shall include all watering, fertilizing and mowing for a period of three months. The sod shall be watered a minimum of twice weekly and additionally if necessary. As necessary the sod shall be pegged on slopes steeper than 3: 1. 711 -17 Thermoplastic Remove — Includes removal of all conflicting striping within the limits of construction by water blasting. 1060 Utility Structure — Shall include all coordination and work necessary to relocate the existing cable and communication above grade structures as necessary for sidewalk construction. GXunent- All Solicitations and Commas by Fiscal YeaffY 20 Packet Page -493- k Improvements�l_PmAwmdl D H3 Bid item tnotes.doc 5/24/2011 Item 16.A.11. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM Memorandum Date: April 11, 2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject Addendum # 2 ITB 11- 5674 "Boston Avenue Sidewalk Improvements" The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: Awarded contractor must submit two sets of signed and sealed as -built plans within 60 days of project. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Dan Hall, Project Manager Packet Page -494- 1 5/24/2011 Item 16.A.11. Email: BrendaBdihart@coiliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #1 Memorandum Date: . March 23, 2010 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 1 ITB 11 -5674 "Boston Avenue Sidewalk Improvements" The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: Page GC -PN -1 A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. =0 p. . LOCAL TIME on the 5th day of April 2011, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Dan Hall, Project Manager Packet Page -495- 5/24/2011 Item 16.A.11. TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Q. Grady Minor and identified as follows: Boston Avenue Sidewalk Improvements as shown on Plan Sheets 1 through 10. EXHIBIT N: Contractor's List of Key Personnel Packet Page -496- 5/24/2011 Item 16.A.11. a -o__ ® . PUBLIC NOTICE INVITATION TO BID Boston Avenue Sidewalk Improvements COUNTY BID NO. 11 -5674 Separate sealed bids for the construction of Boston Avenue Sidewalk Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 26th day of April 2011, 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. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 2:00 p.m. LOCAL TIME on the 5th day of April 2011, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, Boston Avenue Sidewalk Improvements, Bid No. 11- 5674 and Bid Date of April 26, 2011. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC- P-1 through 12) 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 E- Procurement website: www.colliergov.neVbid. 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 cashiers 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 fifteen (15) 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 Packet Page -497- 5/24/2011 Item 16.A.11. 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 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 hundred and twenty (120) calendar days specified in the Notice to Proceed. to finally complete all Work within one from and after the Commencement Date 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 23rd day of March 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell. C.P.M. _ Purchasing and General Services Director Packet Page -498- 5/24/2011 Item 16.A.11. PART B - INSTRUCTIONS TO BIDDERS Section 1. 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 2.1 The Bids must be submitted on the standard form herein fumished by the Owner (pages GC -P -1 to GC -P -15 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 Trl 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 Packet Page -499- 5/24/2011 Item 16.A.11. 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 cashiers check, a cash bond posted with the County Clerk, a certified check 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 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 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) 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. Riaht to Reiect 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. Slanina 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. Packet Page -500- 5/24/2011 Item 16.A.11. 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. 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, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days 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, shall be sent by mail or fax to all known Bidders at their respective 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. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Packet Page -501- 5/24/2011 Item 16.A.11. 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 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 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 Packet Page -502- 5/24/2011 Item 16.A.11. 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 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. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. 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 Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 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 Agent 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 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. 12.4 Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall 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 acknowiedges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional Packet Page -503- 5/24/2011 Item 16.A.11. 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 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. 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 87 -25, 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." 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 Bidders 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. Packet Page -504- 5/24/2011 Item 16.A.11. 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 111, 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 finns are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a protect 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 Purchasing 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. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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; and may not transact business 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." Packet Page -505- 5/24/2011 Item 16.A.11. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Boston Avenue Sidewalk Improvements BID NO. 11 -5674 Full Name of Bidder STEVENS & LAYTON, INC. Main Business Address 11260 PALM BEACH BLVD., FORT MYERS, FL 33905 Place of Business SAME Telephone No. 239 - 693 -1400 Fax No. 239- 693 -8630 State Contractor's License # CG- 0021803 VERNON KEITH DEAN State of Florida Certificate of Authority Document Number 322086 Federal Tax Identification Number 59- 1174602 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. Packet Page -506- M ❑ Z W Q Z W `W N/ I.L. a oa r W f- y W Z W Q Z C) CI] N m C O O C1 .0 .: OS0:�00�l8 UZC9 I+- Q i L '8 to N8 0 88a S S 8 8N 8 121ti . LL O r.. f• 0 4MomNDEDtii1n n O A Co s . i to o!S Z elf N OZk {- � -{¢LL Q � CD 9 g 11? fl- 0 '�Q r� m S Cn — D . J e"00' O OQ -:JQ� N ? 4Q.0 W WN1t F.1) : n h t0 t0 t0 r r r r r N m �. O F 9' CD G �p O O tl0 O tD O z` w w W J J] J W w U U re LL1 W LL - W �' U fn LL LL 11 LL 1� y � xo N_ M J uj .0 .: UZC9 I+- Q i L 611i to 40 0 LLJ G t0 sf W N r LL O r.. f• Z tD r ` s . i to o!S Z elf N OZk {- Q -{¢LL Q � CD XUIC w 11? fl- �Z J <+2 D7, '�Q z m N Cn — D W J O OQ -:JQ� t; L) W t r : h to •, r r r T �. O F 9' CD G �p O O tl0 O tD O z` w w W J J] J W w U U .0 .: UZC9 I+- Q 0.; w LL p Wv Z m LLJ CD LL O CL �'� Z � ZUIat_ ` s . i Z o!S Z elf N OZk {- Q -{¢LL Q � CD XUIC w 11? fl- �Z J <+2 D7, '�Q z m N Cn — D W J OQ -:JQ� t; L) W t r : h to cF L ' L r N tQ. O m Packet Page -507- 5/24/2011 Item 16.A.11. V �'� � "9. ` s . i N d � r elf N tD Mt iCi 6 tt3 N � CD �p r CA to 11? fl- tp O <+2 D7, to 1n � N N IN cF L ' L F 9' CD G �p O O tl0 O tD O re LL1 W LL - W �' U fn LL LL 11 LL 1� N_ M J uj a U LL Ci LU LU W ¢¢ It W N r t ? CO Q Q N 2. 0 K3 z Y CD W to W CAS r� W �UUU� Co �p0 f4 -a- C9 - = - = =' t7� z U —JOO J ' w�Z�� O Z c '6 LL LLJ �a V-WLU z¢r°'° a ¢ zzPF-i 'U �w ; COW oOY�C:� Q C7 U—' a a � ��UOOJ m wo JQH Sw000CiU�❑ cntntoQ��C7darn ZZ JJLL UUCfO .CL IL, �HG1�SC7C9LLLLLL.�� UUUlUD�IlJ�fgCAF —I—:h. tp tD O N N r O M N kO N r- N Lo N C N N N r _ el d LC) In to 3E3. N ti p C� .= a= r O O r N V) -; m INI— CO O r O N N. N Packet Page -507- 5/24/2011 Item 16.A.11. V 5/24/2011 Item 16.A.11. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. 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. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Packet Page -508- 5/24/2011 Item 16.A.11. 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 87 -25 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 SURVEYING 2. Sod 3. Concrete 4. Traffic Control fompanyr Signature; .. Packet Page -509- Lharestol� one AssoeSSInc . 2887 Tamiami Trail E Ste 5 a„ios Fl 34112 GCE Services Inc. PO Box 15002 Cape Coral F1 33915 Tincher Concrete Const. Inc. Gator Rd Fu Myers F1 33912 Traffic Control Products of Fl Inc. 4020 Rdia a *e v... -t My"r-A Fl 33916 5/24/2011 Item 16.A.11. 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. Reference LEE COUNTY DOT SARAH CLARK /RANDY CERCHIE LEE' COUNTY':00T RANDY CERCHIE LEE COUNTY DOT RANDY CERCHIE LEE COUNTY DOT RANDY CERCHIE DIKE DICKEY JOHNSON ENGINEERING CITY OF'PUNTA GORDA UTILITIES MARK GEHRING STEVENS & LAYTON, INC. Bidder BY: V. KEITH DEAN, PRES. Packet Page -5: Proiect and Location 1. BUSINESS WAY /S LOOP RD SIDEWALKS LEHIGH ACRES 2. GUNNERY ROAD WIDENING LEHIGH ACRES 3. SARA AVENUE SIDEWALKS FORT MYERS- 4. TICE ST /GLENWOOD AVE. SIDEWALKS 5. BSU'= -- IMPERIAL STREET WATER MAIN & GRAVITY SEWER — BONITA SPRINGS 6. COPG— DOWNTOWN COOPER STREET DRAINAGE IMOVEME14TS PUNTA GORDA Dated-4-26-11 QV Reference LEE COUNTY DOT SARAH CLARK /RANDY CERCHIE LEE' COUNTY':00T RANDY CERCHIE LEE COUNTY DOT RANDY CERCHIE LEE COUNTY DOT RANDY CERCHIE DIKE DICKEY JOHNSON ENGINEERING CITY OF'PUNTA GORDA UTILITIES MARK GEHRING STEVENS & LAYTON, INC. Bidder BY: V. KEITH DEAN, PRES. Packet Page -5: 5/24/2011 Item 16.A.11. 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 Measure Measure (Description) L� F.SY) 1. Al DNF„ 2. 3. 4. 5. Unit Unit Extended Quanti Cost Cost TOTAL $ Failure to complete the above may result in the Bid being declared non - responsive. Dated 4 -2 -1 1 STEVENS & LAYTON,_ INC. BY: trr : ' ,== V. EITH DEAN, PRES. Packet Page -511- 5/24/2011 Item 16.A.11. ze�r' �o�t�► Servia�elt i]i+iisiion Immigration Law Affidavit Certification ITB 11 -5674: Boston Avenue Sidewalk Improvements 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 acceutabble evidence of enrollment in the E Varifv nroaram_ 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 8 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 shalt 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. Company Name STEVENS & LAYTON, INC. Print Name V. KEITH DEAN Title PRESIDENT Signature Date State of FLORIDA County of LEE 4 -26 -11 The foregoing instrument was signed and acknowledged before me this 2iQTH day of APRIL 28 11, by DEAN who ---- - dC IS PERSONALLY KNOWN TO ME as identification. Type lame) (Type of Identification and Number) MY ,( M aer.j" R EXPIRES M9r0h 27, 2014 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. Packet Page -512- 5/24/2011 Item 16.A.11. 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 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 ninety (90) 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 FLORIDA County of LEE V. KEITH DEAN , 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. V. KEITH DEAN 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 FLORIDA which operates under the legal name of STEVENS & LAYTON, INC. , and the full names of its officers are as follows: G, Packet Page -513- 5/24/2011 Item 16.A.11. President V • KEITH DEAN Secretary. STEPHANIE K. DEAN Treasurer STEPHANIE K. DEAN Manager v. KEITH DEAN The PRESIDENT & VICE PRESIDENT is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 9 -30 -10 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (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 DATED _�R_ IMMM I I I i , , . x - BY: V. KEITH DEAN Na' m`eof Bidder (Typed) V ` Signs re PRESIDENT Title G Packet Page -514 5/24/2011 Item 16.A.11. STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this 24H day of APRIL , 2011, by V. KEITH DEAN , as PRESIDENT Of STEVENS & LAYTON, INC. , a FLORIDA corporation, on behalf of the corporation. He/she is personally known to me (did not) take an oath. My Commission Expires: ZX�A� A7'jd� (Signa'2� "tary) NAME: BUFFY RIPPERDAN (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of FLORIDA Commission No.: I SUFFY RMMRDAN MY COMMMsMOW # OD946116 EXPlREs Meroh 47, 2014 �63 pr �rwa oau GC Packet Page -515- 5/24/2011 Item 16.A.11. State of Florida Department of State I certify from the records of this office that STEVENS AND LAYTON, INC. is a corporation organized under the laws of the State of Florida, filed on October 17, 1967. The document number of this corporation is 322086. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on January 4, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Ninth day of October, 2010 Authentication ID: 100187231881- 102910 - 322086 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https:// eriile .sunbiz.org/certauthver.html Packet Page -516- 5/24/2011 Item 16.A.11. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Stevens & Layton, Inc. (herein after called the Principal) and Westerrn Surety Cmpaw , (herein called the Surety), a corporation chartered and existing under the laws of the State of ctv*, naV. to 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 CoMty (hereinafter called the Owner), in the full and just sum of Five Percent (5%) of Amount Bid dollars ($ 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 fumish, install, and fully complete the Work on the Project known as: Boston Avenue Sidewalk Improvements Bid No. 11 -5 674 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 $-MD t(-9)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 _?_fith_ day of April , 2011. Principal BY ' i1f"an—mr— = Surety Countersigned Local Roesident Pro a eun t for t I ••a � r 1=55, JL REFE Pww, ii"`i. e�ir• Packet Page -517- 5/24/2011 Item 16.A.11. Western Surety Company POWER OF A•I-I'ORNEY APPOINTING INDIVIDUAL ATTORNEY- IN -E1ACT Know All Stem Ry'I'ht sr !'resrmis,'171:d WIiS'fliRN SUltl:'I'Y t.'0MI1ANY, a South I).•tl:ola ctuprualion, is n July txl;anircd :uul existing ctxptxatlion having its principal ulliec in tilt City of Sioux halls, and State fit' Suutll Dakota, arid that it flocs by virtue or the signature find seal herein firfixcd hkrcby make. cnmslilute :uxl appoint ,1. ►y I� W004,110hol Trubec, Wendy I, IIingsan, S. P. Ilumenchick, Individually of burl htykrs, FL, itx tn>< and lawful Alhxnry(s)•in•f :tkI with full p(twer and atlllxtrily hcrchy corifcrred to sign, seal ant, cxcculc lirr aI►d un its Ixhalf flexed-;, undertakings and ot11cr ubligtutuy instrumtents or similar nature - In Unlimited Arnounts - :utd Io hind it ulcrchy as fiilty and to the x:une extent as il'such instruments were signed by,, dilly. unhtxiYCd ulcer, of the enllxx:anur and all the acts unsaid Attormcy, pursr:xm In file aa(hariIV hcrchy Itivcn, are hcrchy ratified and conftntled. liris ('owcr of A(lorrrcy is nr:xle and execulcd ptimlanl lu and by :nnhnrily ul'the sty -Lnw ptiutcd un Ibc reverse Irercr+t; duly adopted. Inc ittJieatcJ, by the sharclttdders of the curlx+ralion. In R'ihresS 1Vhrr00f, Wh;ti'1'1?1{N SI1RIiTY COMPANY has caused Ihesc prrscnts If) be %iLnjwd by its %cllior Vick 1'rrsirkt u a nd its curlxx tc scat to he hercur aliixet, nn this not day oriviarch, 21)(19. +;i;AC 0. W I' STE RN SUR'.'I.Y COMPANY liars' . ltmflnl, Sknitx Vice I'residcnt State of South Dakota Caun(y OrMirrncluthn ss On this 1311 clay ml' March, 200), hcliue few perstxraliy cants I'aul'I', Ilrllllat, la file kteltwl, wile), being by Inc duly swan►, did delwKe and Sfiy: Thal he resides in the (,iiy of Sions Falls, tilale u1'Struth I.kill ;,, that Irk Is the Scrtior Vice 1'rccidellt ut'WINTI'RN SIM171'Y COMPANY dc%ctibed in arxl which exccnted the abnvc instrumcnl; that ht knows the scat fir said eorlxrratian; IFuu the seal aliixcd W tilt said instnmmenl is sorb arrlxlratt Seal; that it was so aflixcd purstuutt 1u aulhority, river, hY the lln:rd or liirectarc of said elxptuation au►d Ih:11 Ire sil!ncd tic n:urla t11erelit h curl ll let like authtxity, and acknuwlcdgcs s:une to be file act aaul deed of s:ud curyxualirxr. My ennlmi,sinn expires tivti+ f D. KRELL r November 10, 2012 Ir i fQbL NOTARY PUBLIC r r /SOUTH DAKOTA SEAL i r r +rrllry'.rvti \tiyyti'.ti�btiyyy + Fu f'uhlic Nelsnu, Assisl:lnl ScCIMiry o1' WI;STIi12N S11it1:1'Y COMPANY do hcrchy certify that file Powet or A[lorncy hereinal+ove see lixth i.. still in firree, and further cenify (11.11 the lty -Late of 11c crrrptrration primed un the reverse Ixreol'M still in flute. In tcslunurty ullerrof 1, hit ve hereunto suhscrihcd lily nallic aril atiised the sc:d ill' tile sans cnrporatiltrl dlis j - thry of .. �i 20ZI r & I1 WF'ST1 :RN C'C }.IV P "ANY ~ *fig'' ^�= .r Fenn I'•I ?XIl_n4.OL - —'—� —� .. . L. Na9stxl. Assistant 5cerkurr�. Packet Page -518- 5/24/2011 Item 16.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: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E -Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: <*Bid Number; aProject Name; 4*Opening Date. 12. 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 STEVENS & LAYTON - WC, Bidder Name (,A— —__ Sig at re & Title V. KEITH DEAN, PRES..' Date: 4 -29 Packet Page -519- 5/24/2011 Item 16.A.11. Florida Department of Transportation CHARLIE CRIST 605 Suwannee Street STEPHANIE C. KOPELOUSOS GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY July 28, 2008 Mr. V. Keith Dean Stevens & Layton, Inc. 11260 Palm Beach Blvd. Fort Myers, Florida 33905 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Dean: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: Stevens & Layton, Inc. has been approved for a period of three years. Please'update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need any additional informafi.oti`,�plese "confacfine at (5a) 414' =475: Sin , ely, Carol Greene Administrative Assistant Equal Opportunity Office IGfg AFFIRMATIVE ACTION PLAN EXPIRATION: July 28, 2011 This plan is one of the reauirements to bid on contracts for the Florida Department of Transportation. This is not approval for Unified Certification Pro_aram Disadvantaged Business Enterprise (UCP /DBE) Certification. For additional information in becomina a .DBE contact the Certification Section at (850) 414 -4747. ... Packet Page -520- 5/24/2011 Item 16.A.11. cQUAL OPPORTUNITY OFFICE 110 2008 JUN 30 AN ID 16 �--1ALd Stevens & Layton, Inc, Civil Construction Contractors i126o Palm Beach Blvd. Fort Mien, Florida 339o5 Phone (239) 693 -1400 Fax (739) 693-863o Email: sdeanCawalinc.net DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of Stevens & Layton, Inc. that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 1478, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14 -78, F.A.C., shall apply to all contracts -entered into between the Florida Department of 'Transportation and Stevens & Layton, Inc. Subcontractors and /or suppliers to Stevens & Layton, Inc. will alto be bound by the requirements of Rule Chapter 14 -78 F.A.C. Stevens & Layton, Inc., and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14 -78, F.A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. Stevens & Layton, Inc., and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the Florida Department of Transportation. Stevens & Layton, Inc., has designated and' appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout Florida and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company. V. Adzith Dean, President FLORIDA DEPA"i:N7 OF TRANSPORTATION EQUALOPPORTLIN 0, E Revised: June 10, 2008 APPROVED: DISAPPROVED* Packet Page -521 - 5/24/2011 Item 16.A.11. DESIGNATION OF LIAISON OFFICER Stevens & Layton, Inc. will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A. C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than -three years, or as directed by any specific contractual requirements of the Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program In accordance with the requirements of the Florida Department Transportation. Stephanie K. Dean Stevens & Layton, Inc. 11260 Palm Beach Blvd., Fort Myers, Florida 33905 239 -693 -1400 FEIN: 59- 1174602 II AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, Stevens & Layton, Inc. has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; Packet Page -522- 5/24/2011 Item 16.A.11. 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of Stevens & Layton, Inc. to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. Stevens & Layton, Inc. will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive- requirements of performance bonds where it is practical to do so; 6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. Stevens & Layton, Inc. understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity _ Packet Page -523- 5/24/2011 Item 16.A.11. with the disadvantaged subcontracting community and /or determined the stated approaches to be ineffective. III IMPLEMENTATION On contracts with specific DBE goals, Stevens & Layton, Inc. will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. IV REPORTING Stevens & Layton, Inc. shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping system-to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBEs for each month (estimate period) in which the companies have worked. V DBE DIRECTORY Stevens & Layton, Inc. will utilize the DBE Directory published by the Florida Department of Transportation. The Company will distribute Form Number 275- 030 -01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. Packet Page -524- 0 5/24/2011 Item 16.A.11. Florida Department of 'Transportation a, CHARLIE CRLST 605 Suwannee Street STEPHANIE C. BOPELOUSOS GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY March 19, 2009 Ms. Stephanie K. Dean Stevens & Layton, Inc. 11260 Palm Beach Blvd. Fort Myers, Florida 33905 RE: NOTICE TO FDOT OF EEO OFFICER Dear Ms. Dean: The Equal Employment Opportunity Officer Information submitted by: Stevens & Layton, Inc. has been received and added to the Equal Opportunity Reporting System. If there is any change to your EEO.Officer this information must be reported to the Equal Opportunity Office at once. If you need any additional information, please call Carol Greene at (850) 414- 4750. Si rely, r� Ca Greene Administrative Assistant Equal Opportunity Office /cg Attachment(s) VOA Packet Page -525- 19 REC1'QM PAM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5/24/2011 Item 16.A.11. NOTIFICATION TO FDOT OF EEO OFFICER - S pj i AA®®gg®p EiouY PF'Pi't�lY�i, DlSAPPPOVEL £)ATF. �Pa` ket Page - 526 - r+s Mail signed original to-, FDOT Equal Opportunity Office, 605 Suwannee Street -MS 65 Tallahassee, Fl 32399-0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name 2_ FEED Noz STEVENS & LAYTON INC. 59- 1174602 3. Home Office Ma1bg Address: (sh* 4. Name Office Melling Address+ (cky, , Zip)) 5. Main Phone Number: S. Fax Number; 239-693-1400 239- 693 -8630 7. What is being changed? I InlBaf EEO Officer Nafice io FDOT I New Pemon imbed nbee Name CorttrrcE Data Clomed I U Yes LJ No 10 Yes No I Ll Yes LJ No I Yes LJ No Section 2: EEO OFFICER IDENTIFICATION L Name of EEO Officer (first name, middle inffiai, last name) . 9. EEO Ofifcers worung Tide STEPHANIE R. DEAN VICE— PRESIDENT 10. Work Addrsea of EEO Officer. (Street) 11. Address of EEO Officer. (dcy, stabs, ) BEACH 11260 PATM BLVD... FORT MYERS, FL 33905 12. EEO Officer Phone Number: 13. EEO Officer Fax Number. 239-693-1400 239- 693 -8630 14. EEO Officer emarr addr sde-an@salinc.net 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 EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be un in the EEO Construction Contract Compliance Workbook. DEC. 23, 2008 15. olflcrer'e Sipnt4rre: 16. Data: yrifr.) V. KEITH DEAN, PRESIDENT 17. Official's riruee (prinbd} 1!. Oirrchft Title: (pdebd) rn ems � c, C A r— (This Section For FDOT Use) Section 4: Processing of Notification 0 19. by (F1I11 20. Tab PTcesse& DISTRIBUTION: final m FDOT Ce" EO 015ce Flies;—MW fated tD WftC10r UPDATE ACTION kw In FOR &pbun 12! S pj i AA®®gg®p EiouY PF'Pi't�lY�i, DlSAPPPOVEL £)ATF. �Pa` ket Page - 526 - r+s 5/24/2011 Item 16.A.11. STEVENS & LAYTON, INC. Hereafter referred to as "the Company" or "this Company" has adopted this policy and plan. Date: March 1, 2009 By: STEPHANIE K. DEAN. VP Title / Company Official EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION EEO /AA POLICY AND PLAN EEO /AA POLICY STATEMENT It is the policy of the Company 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 Era Veterans Readjustment Assistance Act of 1972, all as amended. This policy pertains, as far as the responsibility of this Company is concerned, to any arrangement under which employees, including trainees, are selected for work. It is the policy of this Company not to discriminate against any employee or applicant for employment because of race, religion, color, age, sex, national origin, disabilities or Vietnam Era and Special Disabled Veterans status. This Company will take affirmative 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, disability or Vietnam Era and Special Disabled Veteran status. Such action shall include, but not be limited to: 1. Employment, upgrading, demotion or transfer. 2. Recruitment and recruitment advertising. 3. Layoff or termination. 4. Rate of pay or other forms of compensation. 5. Selection for training, including apprenticeship, pre- apprenticeship and/or on-the-job training. Packet Page -527- 5/24/2011 Item 16.A.11. EEO OFFICER DUTIES It is the policy of this Company to continuously maintain the appointment of an Equal Employment Opportunity Officer (EEO Officer). The name and contact information for the EEO Officer will be communicated along with this policy. The EEO Officer has the responsibility for effectively administering and promoting an active program of equal employment opportunity within the Company. The EEO Officer will coordinate the EEO efforts of superintendents, supervisors, foremen and others in the position of hiring personnel. The EEO Officer will make recommendations, where appropriate, to correct any deficiencies found in the Company's program. The EEO Officer will ensure that this policy and plan are being carried out. EEO /AA PLAN It is the policy of this Company that there not be any discrimination by virtue of race, religion, color, age, sex, national origin, disabilities or Vietnam Era and Special Veterans status, in the functions of hiring, placement, upgrading, transfer or demotion. In addition, there shall not be any discriminatory practices in recruitment, advertising or solicitation for employment, rates of pay or other forms of compensation, selection for training, including apprenticeship, layoff or termination or treatment during employment. The Company has 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. The Company will not transfer minority or female employees or trainees from one Company to another or from project to project for the sole purpose of meeting goals. This Company will 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. The company will implement specific affirmative action steps, at least as extensive as the following actions, to ensure equal opportunity employment: 1. Ensure and maintain a working environment free of harassment, intimidation and coercion at all times and in all facilities 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 aware of and carry out our obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when we have employment opportunities available and maintain a record of the organization's responses. Packet Page -528- 5/24/2011 Item 16.A.11. 3. Maintain a current file of the names, addresses and telephone number of each minority and female off - the -street applicant or minority or female referral from a union and minority or female referrals from a union, a recruitment source or community organization and of what action 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 the Company by the union or, if referred, not employed by the Company, this shall be documented in the file with the reason therefore, along with whatever additional actions the Company may have taken. 4. Provide immediate written notification to the Director when the union or unions with which we have a collective bargaining agreement have not referred to us a minority person or woman sent by us, or when we have other information that the union referral process has impeded our efforts to meet our obligations. S. 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 the Company's employment needs, especially those programs funded or approved by the Department of Labor. We shall provide notice of these programs to the sources compiled under' ' above. 5. Disseminate the Company EEO Policy notice by providing notice to unions and training programs and requesting their cooperation in assisting us in meeting our EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing the it the Company newsletter, annual report, etc.; by specific review of the EEO 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 employment decisions including specific review of these items with on -site 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 the Company 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 the Company EEO Policy with other contractors and subcontractors with whom the Company does or anticipates doing business. 9. Direct our recruitment efforts, both oral and written, to minority, female and community organizations, 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 Packet Page -529- 5/24/2011 Item 16.A.11. 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 site and 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. 12. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to prepare for, through appropriate training, etc., such opportunities. 13. Ensure that seniority practices, job classifications, work assignments 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 nonsegregated 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 circulation of 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 the Company EEO Policy and Affirmative Action Plan. RECORDS This Company will keep records to monitor all employment- related activity to ensure that the Company's EEO Policy is being carried out. Records shall at least include for each employee the name, address, telephone number(s), construction trade, union affiliation (if any), employee identification number when assigned, social security number, race, sex, classification status (e.g., mechanic, apprentice, trainee, helper, laborer, etc.), 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 any time anyone feels he or she has been discriminated against because of sex, race, religion, color, age, national origin, disabilities or Vietnam Era and Social Disable Veteran status, they Packet Page -530- 5/24/2011 Item 16.A.11. should report this matter to the Company EEO Officer whose name and contact information is communicated along with this policy. The EEO Officer ensure all complaints or alleged discrimination made to the Company in connection with its contractual obligations are investigated. The EEO Officer will attempt to resolve such complaints, corrective actions to be taken and will then follow -up on actions taken and their effect. If the investigations indicates that the discrimination may affect persons other than the complainant, such corrective actions shall include such other persons. Upon completion of each investigation, the EEO Officer will ensure every complainant is informed of all of his or her avenues of appeal. The following addresses are such avenues for appeals. REPORT COMPLAINTS TO: Company EEO Officer The name and contact information subsequently shown or posted. U.S. Department of Labor, Regional Director Office of Federal Contract Compliance 61 Forsyth Street, SW, Room 7B75 Atlanta, GA 30303 (404) 562 -2424 U.S. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 South Biscayne Boulevard, Suite 2700 Miami, FL 33131 (800) 669 -4000 Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, FL 32301 -4857 (850) 488 -7082 or (800) 342 -8170 U.S. Federal Highway Administration 227 North Bronough Street, Room 2015 Tallahassee, FL 32301 (850) 942 -9650 U.S. Equal Employment Opportunity Commission Tampa District Office 501 East Polk Street, Suite 1020 Tampa, FL 33602 (800) 669 -4000 Packet Page -531- 5/24/2011 Item 16.A.11. STEVENS & LAYTON, INC. has made the following designations in regard to Company policies and plans: Date: March 19.2009 By: STEPHANIE IC DEAN, VP Title / Company Official EQUAL EMPLOYMENT OPPORTUNITY OFFICER: EEO OFFICER NAME: Stephanie K. Dean ADDRESS: 11260 Palm Beach Blvd Fort Myers, FL 33905 CONTACT: 239- 693 -1400 LIAISON OFFICER DISADVANTAGED BUSINESS ENTERPRISES: DBE LIAISON OFFICER NAME: Stephanie K. Dean ADDRESS: 11260 Palm Beach Blvd Fort Myers, FL 33905 CONTACT. 239 - 693 -1400 Packet Page -532- 5/24/2011 Item 16.A.11. EXHIBIT I Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. The follot�iing Gems ;must be submitted lnrlth the bid "a *'-9� . 'A " 'missing I ", — �v4 be corisired and irpc'nsveI: REOWRFn FARMS /AHachadl NIA DBE/AA Plan Submit BOTH with Bid Package: If your DBE/AA Plan has not been approved by FDOT: Disadvantaged Business ❑ FDOT DBE/AA Plan Enterprise Affirmative Action Approval Letter A sample DBE policy and plan Plan (Form 275 -030 -11B) has been ❑ Copy of DBE/AA Policy provided with approval DBE PLAN SUBMITTED WITH and Plan instructions. BID MUST BE APPROVED BY FDOT NIA EEO /AA Plan Submit with Bid Package: A•sample EEO policy and plan has been provided. Equal Employment Opportunity ❑ Copy of EEO /AA Policy Affirmative Action Plan and Plan The EEO plan is not required to be approved by FDOT. 700 - 011 -13 Notification of EEO Officer Submit with Bid Package 700 - 010 -52 Affidavit Vehicle Registration Submit with Bid Package 275 - 030 -10 Bid Opportunity List Submit with Bid Package Exhibit P Declaration of Debarment Submit with Bid Package 700 -010 -36 Certification of Sublet Work Submit with Bid Package 275 - 030-12 Anticipated DBE Statement Submit with Bid Package 275 -030-13 Certification of Non- Submit with Bid Package segregaited Facilities Provide FA/ Submit with Bid Package �Prequalification The following terms and conditions supersede any terns and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Bonding and Prequalification (3- 5.7 -13, 8-7.1 and 2 -5.1 Florida Department of Transportation Guidelines) Prequaldidatfon of Bidders Except as noted below, pre - qualify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of bidders under separate cover. The Department does not require the Contractor to be pre - qualified if bidding contracts of $250,000 or less or if constructing buildings. For contracts exceeding $250,000 amount, file an application for qualification on forms furnished by the Department, giving detailed information with respect to financial resources, equipment, Packet Page -533- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONTRACTOR'S AFFIDAVIT VEHICLE REGISTRATION State: FLnRTDA County: LEE 5/24/2011 Item 16.A.11. 7ooa1oas CONSTRUCTION ow BEFORE ME, this day personally appeared W, KEITH .DEAN' (contractors 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. 1,1- Contractors Signature TYPED NAME: V. KEITH DEAN POSITION: PRESIDENT COMPANY NAME: STEVENS & LAYTON, INC. COMPANY ADDRESS: 11260 PALM BEACH BLVD FORT MYERS, FL 33905 State of Florida County: LEE Swom to and subscribed before me this 29TH day of APRIL 2011 by V. KEITH DEAN '-? (Print name of person signing Certification) Commission Fires BUFFY RIPPERDAN MY COMMISSION # 04948718 EXPIRES March 27, 2014 Personally Known XX OR Produced Identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: Packet Page -534- 5/24/2011 Item 16.A.11. STATE OF FLORIDA DEPARTMEW OF TRANSPORTATION 275. 030.10 CONSTRUCTION CONTRACTORS EQUAL oPPORTUNRY of a2= roa BID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399-0450 TELEPHONE: (850) 414 -4747 FAX: (850) 414 -4879 This information may also be included in your bid or proposal package. Prime Contractor /Consultant: STEVENS & LAYTON, INC. Address/Telephone Number: 11260 PALM BEACH RT.Vn . _ FORT Nyggs. FT 33905 239- 693 -1400 Bid/Proposal Number: 11 -5674 Quote Submitted MM/YR: 4 -26 -11 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT - assisted contracts. The list must include all firms that bid on prime contrails, or bid or quote subcontracts and materials supplies on DOT- assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos. 1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number. 59- 1174602 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: STEVENS tr LAYTON. INC. ® Non -DBE ❑ Less than $1 million 3. Phone: 239- 693 -1400 Less than $1 million ❑ Between $1 - $5 million 4. Address: 11260 PAT M BEACH B .Vn ❑ IN Between $5 - $10 million vnRT MVF.Rq PT, 'lions 7. ❑ Subcontractor ❑ Between $10 - $15 million - ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1967 1. Federal Tax ID Number: 59- 3630608 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: CURB SYSTEMS Non -DBE ❑ Less than $1 million 3. Phone: 239- 947 -3777 Less than $1 million ❑ Between $1 - $5 million 4. Address:,. 0q 4 g —NTM 11RTUF ❑ ❑ Between $5 - $10 million RONT:EA SRRiNGS, -91 7. Subcontractor ® Between $10 - $15 million Subconsultant ❑ More than $15 million 5. Year Firm Established: 2000 1. Federal Tax ID Number: 65- 0595477 6. [3 DBE 8. Annual Gross Receipts 2. Firm Name: GCE SERVICES INC ❑ Non -DBE ❑ Less than $1 million 3. Phone: 239- 945 -1781 ❑ Between $1 - $5 million 4. Address: P.O. BO% 150052 ❑ Between $5 - $10 million CAPE CORAT., FT, 33915 7. f] Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: Packet Page -535- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 5/24/2011 Item 16.A.11. 275-G30 -,0 EQUAL OPPORTUNITY OFFICE 02W 1. Federal Tax ID Number: 26- 1084418 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ROAD SAFE TRAFFIC SYS ® Non -DBE ❑ Less than $1 million 3. Phone: 239- 333 -4RRR ® Non -DBE ❑ Between $1 - $5 million 4. Address: 8031 MAINLINE Pxwv ❑ Between $5 - $10 million FFT UZanS 91 23919 7. Subcontractor 13 Between $10 - $15 million FT WPM, FT. 339] 1 7. ❑ Subconsultant ❑ More than $15 million S. Year Firm Established: 2007 65- 1059043 g DBE INCE 8., Annual Gross Receipts 1. Federal Tax ID Number. 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: TRIPLE J GRASSING, LLC ® Non -DBE ❑ Less than $1 million 3. Phone: 239- 337 -2177 ❑ Between $1 - $5 million 4. Address: P.O. BOX 7258 7. Subcontractor 13 Between $5 - $10 million FT WPM, FT. 339] 1 7. ® Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax 12 Nu�mmbb r. 65- 0221492 (:�iARLE OC. g DBE INCE 8., Annual Gross Receipts 2. Firm Name: Z Non -DBE ❑ Less than $1 million 3. Phone- IM Between $1 - $5 million 4. Address: 2887 TAMIAMI TRL E STE #5 ❑ Between $5 - $10 million Naples, Fl 34112 7. Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 59- 2570133 1. Federal Tax ID Number:.. 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: PINCHER CdNCREfiE Non -DBE ❑ Less than $1 million 3. Phone: 239- 267 -7766 IM Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million or yers, ff 3391Z 7. Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 59-2582822 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: TRAFFIC CONTROL PRODUCTS Eg Non -DBE ❑ Less than $1 million 3. Phone: _ IM Between $1 - $5 million . 4. Addresses � ❑ Between $5 - $10 million ' 7. Fff Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1985 Packet Page -536- 5/24/2011 Item 16.A.11. EXHIBIT 11P DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as `Debarment and Suspension') shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Nam ofBusloess I . They are a prospective contactor, vendor, aflilliate, or otherwise interested or affected party as deferred under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last free (5) years of the date of this submission. 3. Signature of this declaration constitutes a materW representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or urdmowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration andlor sus errd/debar the biddeftgnatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when sr bmWced or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcorMW or supplier agreement with a person or entity who is debarred, suspended, declared inerm bie, or voluntarily excluded from participation in this agrewnent, unless otherwise authorized by the Collier County PurchasinglGenerai Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requires set forth therein: (A) I hereby declare that my firm nor its prirmoft is.: ; r , presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Packet Page -537- 5/24/2011 Item 16.A.11. Nana(s) and Titla(s) of Audwrbad Reprsssntalhre(S) STEVENS & LAYTON, INC. Nam of Business Ci 1 f 4-29-11 ftnatwe(s) Date (B) I am unable to declare #hat my firm is in compliance with one or more statements contained within this deciarefim and I shall attach an explanation for determination by the CoMw County Purchasing Director. Name(e) and Tl"*) of Audvodzed Raprasentatl,re(s) Name of Bushme Authorized Signabxe(s) Dabs Packet Page -538- O q U 8 D r ¢ U Y a OC o� � J �m o � �N sU. Q as Z 0 �a o V w �= a � N W Q U T 0] 8 N LL LL Q Ln 0 ON M 3BO NONI I I 1380. A z z .. V Ln ".4 z N rl H G%0 00 N rZ .-+ H o H „Q a ,>4 N � O 07 W LU L� -� z "' z w H c5 H H z °v H H 3BO NONI I I 1380. A z z .. 1� Ln ".4 N N rl u1 G%0 00 N N .-+ H H H CL -PflAd C 1� N M N O H . -1 O 00 N E 01 H H H CL N N Ln uy z z z p H c5 H z °v H H H H C 0 R H V ro a U H 0 U 0 w rx C �2S .23 Aa La o r W En o E 1� N M N 0 H . -1 O 00 N E 01 H H H O N N Ln uy z z z 0 H H H z H H C 0 R w O H ro a U H 0 U 0 0 C �2S .23 Aa La O W En En En U � CCD a � y � Cy Ca H H H H H FH E 1� N M N 0 Ln . -1 O 00 N W 01 N n 00 U- N N Ln uy O Z V 0 W W E Packet Page -539- 5/24/2011 Item 16.A.11. C 0 N r o� U eo N m Z h 0 41t 0 C N H al En ..�., t a O ~ O N 3 m to C D V H a 'o !t .r c a LL .O - .o 04 o p ggE e y oo a CD cs o z° U d C `° _ `p at Q z � CC p q f W_-. N.�C Lr0 p p d U. p N 'o 01 ID .� °. a p 00 a $. rs� o � 5 c� c 0 $ a q c V add € E$O a ac p g oSLL p aye goo 9 p o ,o o 0 c r� 00 d o a ga, C LL a A W a o 0 o c ° o 72 c S ° o c i a o v n o c o o -g m o Cz O cc 8 31 E Y N V O N° O O« 'x c mSQcr $a a� M ffi .S o .o c> 3 v o v I CO c a$ 7e o= $ v c e C C e m C° C C 3 0 p a Y O g O .� O aGG fA Ue �p n p 0 Q0. KF � 0 z •"'- A O O Z V 0 W W H z H o C 0 R w O H a U H 0 U 0 0 H O U � H Cy V H H a6uay� Packet Page -539- 5/24/2011 Item 16.A.11. C 0 N r o� U eo N m Z h 0 41t 0 C N H al En ..�., t a O ~ O N 3 m to C D V H a 'o !t .r c a LL .O - .o 04 o p ggE e y oo a CD cs o z° U d C `° _ `p at Q z � CC p q f W_-. N.�C Lr0 p p d U. p N 'o 01 ID .� °. a p 00 a $. rs� o � 5 c� c 0 $ a q c V add € E$O a ac p g oSLL p aye goo 9 p o ,o o 0 c r� 00 d o a ga, C LL a A W a o 0 o c ° o 72 c S ° o c i a o v n o c o o -g m o Cz O cc 8 31 E Y N V O N° O O« 'x c mSQcr $a a� M ffi .S o .o c> 3 v o v I CO c a$ 7e o= $ v c e C C e m C° C C 3 0 p a Y O g O .� O aGG fA Ue �p n p 0 Q0. KF 5/24/2011 Item 16.A.11. STATE OF R.ORIDA DEPARTMENT OF TRANSPORTATION 2754)30'12 ANTICIPATED DBE PAR'T'ICIPATION STATEMENT ('ADBEPS') E °"ALOR'ORru'rrY°F31;11 LOCAL AGENCY PROGRAM 1. FDOT LAP AGREEMENTS 2 FOOT LAP AGREEMENT AMT 3. LOCAL AGENCY'S CONTRACT # WITH PRIME 4. LOCAL AGENCY NAME 425556- 1 -58 -01 4 -26 -11 PRESIDENT COLLIER COUNTY S. PRIME CONTRACTOR'S NAME 8. FEID NUMBER OF PRIME CONTRACTOR sdean @saline.net 239 -693 -8630 STEVENS & LAYTON, INC. 59- 1174602 7. CONTRACT DOLLAR AMOUNT WITH PRIME 18. FEID NUMBER OF LOCAL AGENCY 21. TITLE OF SUBMITTER 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED 10. IS THE WORK OF THIS CONTRACT DISADVANTAGED BUSINESS ENTERPRISE (DBE)? I 23. FAX NUMBER ❑ YES ONO CONSTRUC710NII MAINTENANCE ❑ OTHER? 11. IS THIS AN ADBEPS REVISION? ❑ YES [:]NO Dyes. revision number 12. ANTICIPATED DBE SUBCONTRACTS DATE TO ED OFFICE I(ELECTRONICALLY) DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK AND PRE - CONSTRUCTION CONFERENCE DATE DOLLAR PERCENT CONTRACT COMPANY NAME AND FEID NUMBER FDOT SPECIALTY CODE(S) AMOUNT DOLLARS NAME: GCE SERVICES INC. WORK: sod $ 6,240.00 4.1x A FEID: 65-0595477 SPEC CODE: NAME: WORK: B FEID: SPEC CODE: NAME: WORK: C FEID: SPEC CODE: NAME: WORK: J FEID: SPEC CODE: NAME: WORK: E FEID: SPEC CODE: 12F TOTAL DOLLARS TO DOE'S TOTAL PERCENT OF ONTRACT $O.DOI 0.00% SECTION TO BE FILLED BY PRIME CONTRACTOR 13. NAME OF SUBMITTER % DATE 1b. TITLE OF SUBMITTER V. KEITH DEAN 4 -26 -11 PRESIDENT I S. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17. FAX NUMBER 118. PHONE NUMBER sdean @saline.net 239 -693 -8630 239 - 693 -1400 SECTION TO BE FILLED BY LOCAL AGENCY 19. SUBMITTED BY 120.DATE 21. TITLE OF SUBMITTER 22 EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 124. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FOOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT LAP USE LAP NAME DATE TO ED OFFICE I(ELECTRONICALLY) EXECUTED DATE (LAP 1AGREEMENT11 EXECUTED DATE (BETWEEN LOCAL AGENCY AND PRIM PRE - CONSTRUCTION CONFERENCE DATE STRICT Packet Page -540- 5/24/2011 Item 16.A.11. STATE OF FLORIDA MPAWMEW OP TRANSPORTATION 275030.13 CERTIFICATION OF NON SEGREGATION & EOUALOPPORTUNITYOPFi1W o7aa NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 1. Financial Project Na 2 F.A.P. No. 8. FDOT LAP Contract No. �k Cou 6. District or Neurre of Local Auency 4Z5S5G- 1 -SS -o i . dim owl, B.Prime Contractor's Mama �lMl .a40 �A/L ?.Com Name of Conbikftr, Supplier, Rents l Comparry or Agency SubmOng this certification 1 8. FEID No of Co. in Box 7 y SECTION 2: CERTIFICATION STATEMENTS CERTIFICATION OF CERTIFICATION OF NONSEGREGATED FACILITIES NON DISCRIMINATION As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify: the following for t his company: Federally funded contract, this company certifies that it A. This company does not maintain or provide shelf not discriminate on the basis of race, color, national any segregated facilities for employees at origin, or sex in the performance of such contracts. any of our establishments and we do not The contractor shall carry out applicable requirements of permit our employees to perform their 49 CFR Part 26 in the award and administration of DOT services at any location, under our control, assisted contracts. The company agrees that a failure to where segregated facilities are maintained. carry out these requirements is a material breach of B. Agreement that a breach of this certification contract, which may result in the contract's termination or Is a violation of the equal opportunity clause such other remedy as the recipient deems appropriate. In this contract. Each subcontract, rental agreement and or material C. We will obtain and retain identical supplier agreement this company subsequently enters certifications from proposed subcontractors Into for this contact will require this same Certification. prior to the award of subcontracts exceeding It is the policy of this company to assure that applicants $10,000 which are not exempt from the are employed, and that employees are treated during provisions of the equal opportunity clause. employment, without regard to their race, religion, sex, As used In this certification, the terms "segregated color, national al origin, age or disability. Actions Include: demotion, e facilities �� means any waiting rooms, work areas, recruitment or recruitment advertising; layoff or restrooms and washrooms, restaurants and termination; rates of pay and other forms of fountains, recreation or entertainment area, compensation; and selection for training, including transportation, and housing facilities provided for apprenticeship, pre apprenticeship, and/or on-the job employees which are segregated by explicit training. directives or are in fact segregated on the basis of race, color, religion or national origin because of This certification extends to the project identified above habit, local custom, or any other reason. and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA 4273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are i corporated in this certification. 9. Name finstliast of corporate Official signing Cergflcation 10. Job Tale of on named In Box 9 Y ITITR Pk#APJ UX 11.6 lure of Certifying Official 12. Date of Signature i/ 1/-/- Zy h / Packet Page -541- i /�'��p 5/24/2011 Item 16.A.11. FL�I�IQ'J.; �.� o. (1i 1 �$l ?• •. � �g °may LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2010-2011 Tax ACCOUNT NUMBER: 0903544 ACCOUNT EXPIRES SEPTEMBER 30, 2011 d� IZP to of F1ac Location 11260 SR 80 STE 1 FT MYERS FL 33805 STEVENS & LAYTON INC DEAN VERNON K 11260 SR 80 STE 1 FT MYERS FL 33905 May engage in the business : CERTIFIED GENERAL CONTRACTOR LOCAL BUSINESS TAX RECEIPT IS THIS IS NOT A BILL - DO NOT PAY PAID 017621253 -1 09/10/201010:42 DP500 $50.00 Packet Page -542- STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF STATE FIRE MARSHAL TALLAHASSEE,' FLORIDA CERTIFICATE OF COMPETENCY 5/24/2011 Item 16.A.11. THIS CERTIFIES THAT: VERNON K DEAN 11260 PALM BEACH BLVD = FT MYERS, FL 33905 - BUSINESS ORGANIZATION: STEVENS & LAYTON INC CONTRACTOR V MEANS A CONTRACTOR WHOSE BUSINESS IS LIMITED TO THE EXECUTION OF CONTRACTS REQUIRING THE ABILITY TO FABRICATE, INSTALL, INSPECT, ALTER, REPAIR, AND SERVICE THE UNDERGROUND PIPING FOR A FIRE PROTECTION SYSTEM USING WATER AS THE EXTINGUISHING AGENT BEGINNING AT THE POINT THE PIPING IS USED EXCLUSIVELY FOR FIRE PROTECTION AND ENDING NO MORE THAN ONE FOOT ABOVE THE FINISHED FLOOR. 07 10112010 1 09 115 ILee Issue Date ITypeICIM1 County 46042500011994 Licens0ermit Number Chief Financial Officer C i,• `l&7" 1950190001 I 150.00 06 30 2012 Application # I Taxes & Fees I Expire Date ,off LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2010-2011 P= Co for ACCOUNT NUMBER: 8903701 ACCOUNT EXPIRES SEPTEMBER 30, 2011 14l@ of Location 11260 SR 80 #1 FT MYERS FL 33905 STEVENS & LAYTON INC DEAN VERNON KEITH 11260 SR 80 #1 FT MYERS FL 33905 May engage in usiness . FIRE SPRINKLER SYSTEMS CONTRACTOR THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY THIS IS NOT A BILL - DO NOT PAY PAID 017621 - 253 -2 09/10/201010:42 DP500 $50.00 mn� inn�n.... ro s.a.n t.+• m...�.. — Packet Page -543- IF 5/24/2011 Item 16.A.11. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner") hereby contracts with Stevens & Layton, Inc. ( "Contractor") of 11260 Palm Beach Boulevard, Fort Myers Florida 33095, a Florida corporation authorized to do business in the State of Florida, to perform all work ("Work ") in connection with Boston Avenue Sidewalk Improvements, Bid No. 11 -5674 ( "Project"), as said Work is set forth in the Plans and Specifications prepared by Q Grady Minor & Associates, 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. A. 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. B. 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. Scone 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: One hundred fifty two thousand three hundred fifty three dollars and fifty five cents ($152,353.55). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, 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 Packet Page -544- 5/24/2011 Item 16.A.11. 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.aov /c570/ c570.html#certified. Should the Contract Amount be less than $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 Liouidated Damaoes. 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 ninety (90) 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, three hundred and eighty eight dollars ($388.00) 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 Packet Page -545- 5/24/2011 Item 16.A.11. 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. 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 Packet Page -546- 5/24/2011 Item 16.A.11. 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. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Q. Grady Minor and identified as follows: Boston Avenue Sidewalk Improvements as shown on Plan Sheets 1 through 10. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. 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: Daniel G. Hall, P.E. Project Manager Growth Management Division/Transportation 2885 Horseshoe Drive S. Naples, Florida 34104 (239) 252 -6077 B. 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: V. Keith Dean, President Stevens & Layton, Inc. 11260 Palm Beach Boulevard Fort Myers, Florida 33095 (239) 693 -1400 Packet Page -547- 5/24/2011 Item 16.A.11. C. 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. 8.1 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." 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. Section 12. 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 13. 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. Packet Page -548- 5/24/2011 Item 16.A.11. Section 14. 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. Section 15. 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 Policy and accompanying administrative procedures. Section 16. 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 17. 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. Packet Page -549- 5/24/2011 Item 16.A.11. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FIRST WITNESS Type/Print Name SECOND WITNESS Type/Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Scott Teach, Deputy County Attorney CONTRACTOR: Stevens & Layton, Inc. 0 Type/Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Fred W. Coyle, Chairman Packet Page -550- 5/24/2011 Item 16.A.11. EXHIBIT A PUBLIC PAYMENT BOND Boston Avenue Sidewalk Improvements Bond No. Contract No. 11 -5674 KNOW ALL MEN BY THESE PRESENTS: That and as Principal, as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) 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 day of 2011, with Obligee for in 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 Bond. 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 day of 2011, the name of each party being affixed and these presents duly signed by its under- signed representative, pursuant to authority of its governing body. C Packet Page -551- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL BY: NAME: ITS: 5/24/2011 Item 16.A.11. The foregoing instrument was acknowledged before me this day of 20 , by , as of a - corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commission No.: G Packet Page -552- SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) Witnesses STATE OF COUNTY OF The foregoing m 5/24/2011 Item 16.A.11. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) instrument was acknowledged before me this day of 2011, by , as Of 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. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: G Packet Page -553- 5/24/2011 Item 16.A.11. EXHIBIT A PUBLIC PERFORMANCE BOND Boston Avenue Sidewalk Improvements Bond No. Contract No. 11 -5674 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) 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 day of 2011, with Obligee for in 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: 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. G Packet Page -554- 5/24/2011 Item 16.A.11. 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 day of , 2011, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its goveming body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL BY: NAME: ITS: The foregoing instrument was acknowledged before me this day of , 2011, by , as personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) Of , a _ corporation, on behalf of the corporation. He/she is me OR has produced _ as identification and did (did not) take an oath. (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: G Packet Page -555- ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF 5/24/2011 Item 16.A.11. SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of ,2011, by as Of , 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. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: G Packet Page -556- 5/24/2011 Item 16.A.11. EXHIBIT B 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 EXHIBIT B of 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." 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 Government, OR Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B 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 (34) 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 GC -CA -C Packet Page -557- 5/24/2011 Item 16.A.11. 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 coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coveragef sl and charge the Vendor for such coverages purchased. If Vendor fails 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 coverageW 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 furnish 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 certificate(s) shall be considered justification for the County to terminate any and all contracts. GC -CA -C• Packet Page -558- 5/24/2011 Item 16.A.11. Collier County Florida Insurance and Bonding Requirements 1. N Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) pattemed after the current $1.000,000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant 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/Vendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant 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. 4. ED Automobile Liability $ 1,000.00 0 Each Occurrence; Bodily Injury & Property Damage, Owned/Non -owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ 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 ❑ 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 ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance GC -CA -C packet Page -559- $ Per Occurrence 5/24/2011 Item 16.A.11. ® 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. 7. ® 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 bome 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. 8. ® 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. 9. ® 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. 11. ® Thirty (30) Days Cancellation Notice required. 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 of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number GC -CA-C Packet Page -560- 5/24/2011 Item 16.A.11. EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly swom, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor") releases and waives for itself and its subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 2011 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -risen, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2011, by ,as of .a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: GC-CA-C. Packet Page -561- 5/24/2011 Item 16.A.11. EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION — iNTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Packet Page - 562 -A -D -1 5/24/2011 Item 16.A.11. EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: IV OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) Is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or connected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: G Packet Page -563- 5/24/2011 Item 16.A.11. RESPONSIBILITIES: 16171k.1:4:; CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 2011 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2011 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2011 By: OWNER Type Name and Title G Packet Page -564- GC- CA -D -2 Packet Page -565- Lo -�.7-jjf-lllmw I(Nill] I _ 11 GC- CA -D -2 Packet Page -565- Exhibit D (Continued) 5/24/2011 Item 16.A.11. Stored Materials Record Formula: A GC- CA -D-3 Packet Page -566- TO: Project Name: Bid No.: Change Order No.: Change Order Description 5/24/2011 Item 16.A.11. EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................. ..............................$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number. l G Packet Page -567- 5/24/2011 Item 16.A.11. EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2011 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified Project is in operating phase. All Spare Parts or Special Tools provided to Owner: Finished Floor Elevation Certificate provided to Owner. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) G Packet Page -568- 5/24/2011 Item 16.A.11. EXHIBIT H 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 speck 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. 1.3 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. 2.1 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 G Packet Page -569- 5/24/2011 Item 16.A.11. 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. 2.2 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). 2.3 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. C Packet Page -570- 5/24/2011 Item 16.A.11. 3. SCHEDULE. 3.1 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. 3.2 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. 3.3 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 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 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 and attached to the Agreement as Exhibit D. 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 Q. Grady Minor & Associates located at 3800 Via Del Rey Bonita Springs, Florida 34134. G Packet Page -571- 5/24/2011 Item 16.A.11. 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 attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) 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. 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 for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 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 through out 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 Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. G Packet Page -572- 5/24/2011 Item 16.A.11. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, 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 attached as Exhibit C 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. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions 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) G Packet Page -573- 5/24/2011 Item 16.A.11. 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 Contractors 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 attached as Exhibit C, 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, a representative copy of which is attached to this Agreement as Exhibit G. 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. 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. G Packet Page -574- 5/24/2011 Item 16.A.11. 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 G Packet Page -575- 5/24/2011 Item 16.A.11. 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. S. DAILY REPORTS, AS- BUILTS AND MEETINGS. 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 G Packet Page -576- 5/24/2011 Item 16.A.11. 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. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 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. 9.2 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. 9.3 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 G Packet Page -577- 5/24/2011 Item 16.A.11. Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 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 noted of a change, Contractor shall submit an 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, in the form attached as Exhibit E to this Agreement, 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 determination, 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 Contractors 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 G( Packet Page -578- 5/24/2011 Item 16.A.11. 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 Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES.. 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 GI Packet Page -579- 5/24/2011 Item 16.A.11. 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. 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 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. - G( Packet Page -580- 5/24/2011 Item 16.A.11. 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 B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 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 sue. 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 Intemet -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 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 G( Packet Page -581- 5/24/2011 Item 16.A.11. 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/Vendor does not comply with providing both the acceptable E- Verifv evidence and the executed affidavit the bidder's / vendor'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: h": / /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 seg. 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. 13. 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 G( Packet Page -582- 5/24/2011 Item 16.A.11. that Contractor has assumed toward Owner. 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. 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. G( Packet Page -583- 5/24/2011 Item 16.A.11. 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 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 therefor 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 Contractors intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractors 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. G( Packet Page -584- 5/24/2011 Item 16.A.11. 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. 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 therefor. 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 issue a final Certificate for 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: G4 Packet Page -585- 5/24/2011 Item 16.A.11. (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (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 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. 21.1 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, 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. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 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 G( Packet Page -586- 5/24/2011 Item 16.A.11. 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 fumish 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 correct 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 G( Packet Page -587- 5/24/2011 Item 16.A.11. otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, 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, attomeys 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 Contractors 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. G( Packet Page -588- 5/24/2011 Item 16.A.11. 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 Contractors 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. 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. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent 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 5.13, 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. Gc Packet Page -589- 5/24/2011 Item 16.A.11. 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 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 G( Packet Page -590- 5/24/2011 Item 16.A.11. 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 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; G( Packet Page -591- 5/24/2011 Item 16.A.11. 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 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 G( Packet Page -592 5/24/2011 Item 16.A.11. roadways and as prescribed in the Florida Department of Transportations 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 /or Purchasing Departments, and is 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 SAYINGS 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. G( Packet Page -593- 5/24/2011 Item 16.A.11. 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. 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 87 -25, 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 G( Packet Page -594- 5/24/2011 Item 16.A.11. 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. 33.5 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. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 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. 33.6.2 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. 33.6.3 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. 33.6.4 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 G( Packet Page -595- 5/24/2011 Item 16.A.11. 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 SubmittaVApproval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specfcations 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 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 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 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 GC Packet Page -596- 5/24/2011 Item 16.A.11. (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, Vendor / Contractor 1 Proposer 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. 38. ABOVEGROUNDIUNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239 - 252 - 2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP.), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will G( Packet Page -597- 5/24/2011 Item 16.A.11. be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 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 CONSULTANT 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 CONSULTANT with full decision - making authority and by OWNER'S staff person 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. G( Packet Page -598- 5/24/2011 Item 16.A.11. EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. 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. 2. Granting Agency Requirements & Forms — provided in separate files. C Packet Page -599- 5/24/2011 Item 16.A.11. EXHIBIT I Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. 1'I a fatlo rrg Mid i Bust; auF l[ a ca9 g x!1 m! I REDUIRED FORMS (Attachedl N/A DBE/AA Plan Submit BOTH with Bid Package: If your DBE/AA Plan has not been approved by FDOT: Disadvantaged Business ❑ FDOT DBE/AA Plan Enterprise Affirmative Action Approval Letter A sample DBE policy and plan Plan (Form 275-030 -11 B) has been ❑ Copy of DBE/AA Policy provided with approval DBE PLAN SUBMITTED WITH and Plan instructions. BID MUST BE APPROVED BY FDOT N/A EEOJAA Plan Submit with Bid Package: A sample EEO policy and plan has been provided. Equal Employment Opportunity ❑ Copy of EEO /AA Policy Affirmative Action Plan and Plan The EEO plan is not required to be approved by FDOT. )0- 011 -13 Notification of EEO Officer Submit with Bid Package 700 -010 -52 Affidavit Vehicle Registration Submit with Bid Package 275 -030 -10 Bid Opportunity List Submit with Bid Package Exhibit P Declaration of Debarment Submit with Bid Package 700 - 010-36 Certification of Sublet Work Submit with Bid Packaqe 275 - 030 -12 Anticipated DBE Statement Submit with Bid Package 275 - 030 -13 Certification of Non- Submit with Bid Package segregated Facilities Provide FDOT Prequalffication Submit with Bid Package 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 for the purpose of this engagement only. 2- Bonding and PrequaliflcaUon (3 -5 7 -13 8 -7.1 and 2 -5.1 Florida Department of Transportation Guidelines) Prequaft,,adon of Bidders Except as noted below, pre-qualify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of bidders under separate cover. The Department does not require the Contractor to be pre-qualified if bidding contracts of $250,000 or less or if constructing buildings. For contracts exceeding $250,000 amount, file an application for qualification on forms furnished by the Department, giving detailed information with respect to financial resources, equipment, Packet Page -600- 5/24/2011 Item 16.A.11. past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the pre- qualified bidder to have under contract at any one time. However for projects that exceed $250,000 and on the National Highway System or State Highway System, the contractor must be FDOT pre- qualified. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following: (a) A bid on a contract to provide any goods or services to a public entity. (b) A bid on a contract with a public entity for the construction or repair of a public building or public work. (c) Bids on leases of real property to a public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0 17 F.S, for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. Guaranty to Accompany Proposals The Department will not consider any proposal unless it is accompanied by a proposal guaranty of the character and amount indicated in the Advertisement, and unless it is made payable to the Florida Department of Transportation. Submit proposals with the understanding that the successful bidder shall furnish a Contract Bond pursuant to the requirements of 3 -5. Contract Bond Required General Requirements of the Bond. Upon award, furnish to the Department, 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 Department. 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 Department, and has the Department'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. On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non - critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. 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. Continued Accepfabi* of Surety. Provide a surety bond that remains acceptable to the Department throughout the life of the Contract. In the event that the surety executing the bond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory then the Department any require that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the Department. In such an Packet Page -601- 5/24/2011 Item 16.A.11. event, the Department will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond. Default by Contractor. In case of default on the part of the Contractor, the Department will charge against the bond all expenses for services incidental to ascertaining and collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract. Surety to Fumish Legal Defense: The surety company shall indemnify and provide dense for the Department when called upon to do so for all claims or suits against the Department arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which amount shall be original contract amount as may be increased by subsequent Supplemental Agreements. Liability for Wrongful. or Criminal Act by Contractor. The principal and surety executing the bond shall be liable to the State in any civil action that might be instituted by the Department or any officer of the State authorized in such cases, for double any amount in money or property the State might lose, or be overcharged or otherwise be defrauded of by any wrongful or criminal act of the Contractor, his agent or his employees. Execution of Contract and Bond Within twenty (20) days after Contract award, execute the necessary agreements to enter into a contract with the Department and return the agreement along with a satisfactory surety bond and documentation evidencing all insurance required by 7 -13 to the Department's Contract Office that awarded the Contract. For each calendar day that the successful bidder is late in delivering to the Department's Contract Office all required documents in property executed form, the Department will deduct one day from the Allowable Contract Time as specified in 8 -7.1. The Department will not be bound by any proposal until it executes the associated Contract. The Department will execute the Contract and bond in the manner stipulated in 2 -5.1. The Department will execute the Contract within 15 days after receipt of the necessary agreements and bond from the Contractor. Failure by Contractor to Execute Contract and Furnish Bond In the event that the bidder fails to execute the awarded Contract, and to file an acceptable bond, as prescribed in 3 -5 and 3-6, within 20 days of Contract award, the Department may annul the award, causing the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidations of damages, sustained. The Department may then award the Contract to the next lowest responsible bidder, re- advertise, or accomplish the work using day labor. 3. Buy America and Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines) Source of Supply Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the Untied 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 coasting 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 Untied 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 Packet Page -602- 5/24/2011 Item 16.A.11. 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 $2500, which ever 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 incorporated 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 fumished product was manufactured in die Untied 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 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. 4. Change Orders See Exhibit H, General Terms and Conditions, Section 10. Changes in the Work Article, 10.2 Change Order, Collier County Contract 5. Claims See Exhibit H, General Terms and Conditions, Section 11. Claims and Disputes, Collier County Contract -- t4epIrpaal -fir S. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. T. Suspension and Debarment ICoNer County Purchasingpolicyj The Board shall grant authority to County staff to suspend andlor debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor, performance evaluation processes authorized elsewhere in this policy. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. Packet Page -603- 5/24/2011 Item 16.A.11. For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no to contendere. Debarment means action taken by the County to exclude a contractor from County contracting and County - approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director) to temporarily disqualify a contractor from County contracting or County-approved subcontracting. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXX►X. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. DebarmerW Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract; or in the performance of such contract or subcontract b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which curmnW seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. Packet Page -604- 5/24/2011 Item 16.A.11. h. Violation of the ethical standards set forth under applicable state or county laws. I Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complain4 verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint the contractors reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee's consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Ofce of the County Attomey shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or pnmspective conflict. f The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non - voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee Packet Page -605- 5/24/2011 Item 16.A.11. decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. g. Where the material facts are in dispute, the committee shall evaluate the evidence, fudge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing, the contractor shad be presumed to be unqualified and or iron- responsive and shag be subject to debarment The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact In the event that the committee decides to impose debarment the debarment decision will formally include, but not be strictly limited to the following information. 1) The specific reasons for the debarment 2) The scope of the debarment, and 3) The period of debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committees decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overtum the committee's decision; the County Manager shall formally cite the reasons for doing so. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment The debarment period shall be commensurate with the severity of the cause(s) and in no event shall be the debarment period exceeds live years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons. 1) Newly discovered material evidence; 2) A reversal of the conviction, civil judgment or other action upon which the debarment was based,• 3) Bona ride change in ownership or management; 4) Elimination of other causes for which the debarment was imposed; or 5) Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from Packet Page -606- 5/24/2011 Item 16.A.11. conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6. a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to speck divisions, organizational elements or commodity /services. The committee's decision includes any existing affr/iates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future afftiiates of the contractor are subject to the pre- existing terms of the committee's decision. Packet Page -607- 5/24/2011 Item 16.A.11. EXHIBIT "P" DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as 'Debarment and Suspension') shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and /or suspend/debar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing /General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Slgnature(s) Date Packet Page -608 5/24/2011 Item 16.A.11. 8. Disadvantaged Business Enterprises (DBE) (Florida Department of Transportation Guidelines) General: 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 (FDOT) approves the plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. Required Contract and Subcontract DBE Assurance Language: Per 49 CFR 26.13 (b) each Contract FDOT signs with a Contractor (and each subcontract the prime contractor signs with a subcontractor) must included 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 cant' 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, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibility, and states 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 - today 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. Use 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 FDOT. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the FDOT. DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre - Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the FDOTs 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 instruction 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 FDOT projects awarded to DBEs; Packet Page -609- 5/24/2011 Item 16.A.11. (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; and (f) the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the FDOT for review. All such records are required to be maintained for a period of five years following acceptance of final payment and have them available for inspection by the FDOT 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 State 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 ad DBE credit. (b) The Department will count the entire amount of fees or commissions changed by the DBE firm for providing 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. (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. () If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater Packet Page -610- 5/24/2011 Item 16.A.11. 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. 9. On-The Job Training Requirements As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: 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 this Section to such subcontract. Where feasible, 25% of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. 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: (1) Determine the number of trainees on Federal Aid Contract: (a) No trainees will be required for contracts with a contract time allowance of less than 225 calendar days. (b) 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 $4000,000 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 $116,000,000 26 Over $118,000,000 to $124,000,000 27 Over $124,00,000 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 Packet Page -611- 5/24/2011 Item 16.A.11. 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 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 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. 1. When a start date on the approved On -The -Job Training Schedule has been missed by 14 or more days; 2. When there is a change(s) in previously approved classifications; 3. 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: 1. 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. 2. 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 significant period and completes his/her training on this Contract. 3. 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. 4. 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. 5. No credit will be allowed for 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 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 Packet Page -612- 5/24/2011 Item 16.A.11. not intended and shall not be used, to discriminate against any applicant for 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 joumeyman, or had 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 joumeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: Trainee Enrollment and Personnel Action form Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the contractor and the Department; and, A letter stating that the trainee has sufficiently progressed in the craft and is being promoted to joumeyman 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 joumeyman 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 tabor, 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. 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 offske 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 specked 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($) 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 source do not specifically prohibit the Contractor from receiving other form 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 Packet Page -613- 5/24/2011 Item 16.A.11. Federal Aid Project; contributes to the cost of the training, provides the instruction to the trainee and pays the trainee's wages during the offsKe 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 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 each 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 -lob 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 involuntary terminated from the project. The Contractor shall fumish 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 day of the subsequent month. The Monthly Time Report shall indicate the phases and sub - phases of the number of hours devoted to each. 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. 10. Equal Employment Opportunity (Florida Department of Transportation Guidelines and US Department of Labor Employment Standards) Equal Employment Opportunity Requirements: 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! Packet Page -614- 5/24/2011 Item 16.A.11. Equal Employment Opportunity Offroer. 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. 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: 1. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. 3. 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. 4. Investigate all complaints of alleged discrimination made in connect 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: 1. The number of minority and non - minority group members employed in each work classification on the project. 2. 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). 3. 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. 4. 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 Feral Highway Administration. Packet Page -615- 5/24/2011 Item 16.A.11. 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 the Contract work. Executive Order 11246, As Amended Executive Order 11246 -Equal Employment Opportunity SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964 -1965 Comp., p. 339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I- Nondiscrimination in Government Employment [Part I superseded by EO 11478 of August 8, '69, 34 FR 12985, 3 CFR, 1966 -1970 Comp., p. 8031 Part II- Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A- Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and 111 of this Order. The Secretary shall adopt such results and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts 11 and III of this Order. [Sec. 201 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 2301 Subpart B- Contractor's Agreements Sec. 202. Except in contract exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Govemment contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Packet Page -616- 5/24/2011 Item 16.A.11. 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures. 7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the Untied States. [Sec. 202 amended by EO 11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966 -1970 Comp., p. 684, EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) Sec. 203. (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be file within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive Order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contract or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or any agency referring workers to providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agencies practices and policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information. To the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin, and that the signer either affirmatively cooperate in the implementation of the policy and provisions of the Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to -- Packet Page -617- 5/24/2011 Item 16.A.11. secure such statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR, 10966 -1970 Comp., p. 684; EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontractors, or purchase orders (1) whenever work is to be or has been performed outside the Untied Sates and no recruitment of workers within the limits of the United States is invoiced; (2)_ for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to be the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religion corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractor and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposed of this Order: and provide further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order. [Sec. 204 amended by EO 13279 of December 9, 2002 67 FR 77141, a CFR, 2002 Comp., p. 77141- 77144] Part C- Powers and Duties of the Secretary of Labor and the Contracting Agencies Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec 205- amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 2301 Sec 206 (a) The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified I Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec 206 amended by EO 12086 of October 5mm 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] Packet Page -618- 5/24/2011 Item 16.A.11. Sec 207 The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 2301 Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation. Or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contacts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing. Subpart D -Sanctions and Penalties Sec 209 In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoying, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to present directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act o 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditions upon a program for future compliance approved by the Secretary of labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non - complying Packet Page -619- 5/24/2011 Item 16.A.11. contractor, until such contactor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section. [Sec 209 amended by EO 12086 of October 5, 1978, 43FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 210 Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty (30) days, the Secretary may take the action directly. [Sec 210 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder of prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec 211 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 212 When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specked in Section 202 of this Order the Secretary of Labor shall promptly notify the Comptroller General of the Untied States. [Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E- Certificates of Merit Sec 213 The Secretary of labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and polices of the labor union or other agency conform to the purposes and provisions of this Order. Sec 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. Sec 218 The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part 111 — Nondiscrimination Provisions in Federally Assisted Construction Contracts Sec 301 Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, Packet Page -620- 5/24/2011 Item 16.A.11. ban, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of labor pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. (Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] . Sec 302 (a) "Construction contract' as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recipient of such Federal assistance. Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary s functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain form extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an appliance pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 2301 Packet Page -621- 5/24/2011 Item 16.A.11. Sec 304 Any executive department or agency which imposes by rule, regulation or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, report, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, that actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitation prescribed in Section .602 thereof and the regulations of the administering department of agency issued thereunder. Part N Miscellaneous Sec 401 The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec 401 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 402 The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." Sec 403 Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964), are hereby superseded and the President's Committee On Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Orders. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee o Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remaining in full force and effect such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec 403 amended by EO 12107 of December 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p 264] Sec 404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. Sec 405 This Order shall be come effective thirty (30) days after the date of this Order. 11. Equipment Rental Rates (8 -1 Florida Department of Transportation Guidelines) The limitations set forth in 8 -1, concerning the amount of work that may be sublet, do not apply to work performed by equipment rental agreement. However, for any work proposed to be performed by equipment rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non - operated basis. Include with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment_ As an exception to the above requirements, the Department will not require written notice for equipment to be .rented Packet Page -622- 5/24/2011 Item 16.A.11. (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non - operated basis are operators are subject to all wage rate requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on a non - operated basis, and when required by the Contract or requested by the Engineer, furnish payrolls from the lessor with the names of the operators shown thereon. When a lessor provides rentals of equipment on an operated basis that exceed $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project. 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 adjustments 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: (1) Allowable Hourly Equipment Rate = Monthly Rate /176 x Adjustment Factors x 100 %. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100%. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) 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 or more hours. 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. 12. Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines and US Department of Labor Employment Standards) For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all Packet Page -623- 5/24/2011 Item 16.A.11. manufacturing process 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 an 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, prestressed 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 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. 13. Incentive/Disincentive Clauses (Project Specific) Provision excluded from this contract. 14. Indian Preference On Federal -aid Projects (Labor & Employment) Provision excluded from this contract. 1s. FHWA Form 1273 (Florida Department of Transportation Policy) Required Contract Provisions Federal -Aid Construction Contracts REQUIREMENTS FOR FEDERAL JOBS — COMPLIANCE WITH FHWA 1273 The FHWA -1273 Electronic version, dated March 10, 1994 is posted on the Department of Transportation's website at the following URL address www. dot. state. fl. uslsoecificationsofficellmplementedNRLinSpecsfies ldfl273.pdf . Take responsibility to obtain this information and comply with all requirements posted on this website through five calendar days before the opening of bids. Comply with the provisions contained in FHWA -1273 and certify monthly compliance with the EEO provisions of FHWA -1273 (Section II. Nondiscrimination and Section III. Non - segregated Facilities). In addition to the requirements of FHWA -1273, Section V, No. 2(b), include gender and race in the weekly annotated payroll records. Federal Regulations (29 CFR 3.5) states that Social Security numbers and address of employees shall not be included on submitted payrolls for contracts let after January 18, 2009. In lieu of Social Security number, an employee identifying number must be listed. The employer may use the last four digits of the Social Security number or another assigned number as the employee identifying number. Packet Page -624- REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Page Nandiscrintl nation .............................. 1 Nonsegregated Facilities ............. . .......... 1 payment of Predetermined Mbninum Wage � ......... 3 Siatennsrrts and Payrolls 5 Record of Materials, Supplies, and Labor ........... .. � ...... , g �blatting�Asaignirtg the Contract .............. g Ai nt PPrreevvantion .......... B False Statements Concern' Hghwa Projects ...... 6 I. II. III. W. V. VI. VII. VIII. tX. X. ' a implementation Clean of Air Act and Fad I Water Pollution Control Act 6 XI. XII. Certificirtion Rs�ardirg Delatment, Suspension, IneffgigibOW and VoluntaU� Exclusion ............... 6 Certification Regarding of Contrail Funds for Lobbying ..... ............................... 8 ATTACHMENTS A Emp rt Preference fo Appalachian Contras s (Inducted in Appalachian contracts only) 1. GENERAL 1. These Contract provisions shall apply b afl work pedormad on the contract by the contractors own organization and with the assistance of workers under the Contractors immediate superinten- dence and to allwork perk mted on the cantnuAbYPlecework, station work, or by subcontract 2. Except as otherwise provided for In each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion In any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shag not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of Contract Provisions shalll be sufficient ien grounds for terminationgof the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section i, paragraph 2., . Section Section IVV paragraphs 1, 2, 3, 4, and 7; Paragraphs 1 and 2a through 2g. S. Disputes arising outol the labor standards prov�onsofSection IV (except paragraph 5) and Section V of these Required Contract Provisions shat not be subject to the general dispules dam of Otis Contract Such disputes shall be resolved in accordance with the proeedums of the U.S. Department of Labor (DOL as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (orany of its subcontractors) and the contracting agency, the DOL, or the contractors employees or their representatives. 6. Selection of tabor. During the performance of this contract, the contractor shall not S. discriminate against labor from any other State, possession. orterritoryof the United States (except for employment preference far !�ppaiaehian contracts, when applicable, as specified in�Aftachment Al, or b, employ convict labor for any purpose within the limits of the Project unless t is labor performed by convicts who are on parole, supervised release, or probation. ll. NONDk4CRItNNATION (Applicable to al Federal -aid construction contracts and to all Form FHWA -1273 (Rev. 3-94) 5/24/2011 Item 16.A.11. related subcontracts of $10,000 or more.) i . uo Employment Opportunity: Equal ampioynwd opportu- nity (E an O) requirements not to diectiminete d to Wce *%VOWS a n to assure equal opporw * as set forth under laws, exsartive orders, rules, regulations (28 CFR 35,29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as moddied by the provisions x prescribed herein, and imposed pp�u mi aant to 23 (JJ S.C. 140 shall constitute the EEO and spectfic aRYmative action standards for the CoWtraCtoesprojectachitiesundsrthiscontract. TbeEgwlOppprtu. nily Construction Contract SpeciRCations act forth ender 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 4t gM) set forth under 28 CFR 35 and 29 CFR 155 are Incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the folbwlny minimum Specific requirement armies of EEO: a. The contractor will work with the State hiig�hwra)r agency (SHA) and the Federal Government in carrying out EEO anions and in their review of hWher activities under the contract b. The contractor will accept as his operating policy the following statement "t is the policy of this Company to assure that applicants are employed, and that employees are treated during smployrtnert, without regard to their race, religion, sex, color, natlonal origin, age. or disability. Such action shall kickrde: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other force of compensation; and selection for training, including apprentice- ship, preMprentkxship, and/or on-he-job training." 2. EEO Oft'iesr: The contractor will designate and make known to the SHA contracting officers an EEO Offmr who ell have the responsibilityforand must be capable of effectively adFnWsteringand promoting an active oontractor program of EEO and who must be assigned adequate authority and responsibilky to do so. 3. Dlaaerninatlon of policy: Ali members of the contractors staff who are authorized to hire, supervise, promote, and discharytgaa employees, or who recommend such action, or who are substaintialy involved In such action, will be made fully cognizant of, and wwiilll Implement the contractor's EEO pour and contractual responsibiti- tin to provide EEO in each grade and classification of empl yment To ensure that the above agreementwil be met, the 1oflowing actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less ~ than once every six months, at which time the contractors EEO policy and its implementation wig be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged In direct recruitment for the Project will be instructed by the EEO Officer in the cordractoes procedures for locating and hiring minority group employees. d. Notices and posters setting forth the cortractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO polcy and the procedures to imple- ment such policy will be brought b the attention of employees by means of meetings, ampbyee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will Include In all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisenrerdswifl be placed Packet Page -625- Pap 1 in publications having a lame clrculatfor among rrrnoritygg►oupa inthe area from which the protect work force wouin normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement. conduct systematleand direct reauitrner►t through public and private employee referral sources gkelyto yield qualifiedminorihr ggrorup applicants. To meet this requirement, the contractor Mn identify sources of potential minority gip employees, and eatablsh with such iderwfied sources procedures whereby minority group applicants may be referred to the contradorlor employment consider- ation. b. In the event the oonlroctor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the pro= s of that agreementto the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreemeets have the effect of disaYNnating against minorities or woman. or oblWas the contractor to do the same, such implementation violates Executive Order 11246, as amended.) a The contractorwill encourage his present employees to refer minority ggrove applicants for etnpioymert. Information and proce- dures witll regard to referring minority group applicants will be discussed with employees. S. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every including hiring, upgrading, promotiom, transfer, demotion, , and termination, shall be taken without regard to race, color, "ion, sex, national origin, age or disability. The following procedures shag be followed: a. The contractor will conduct periodic inspections of proiect sties to insure that war" conditions and employes facilities do not indicate discriminatory treatment of project site personnel. b_ The corhtractorwill pedodirallyevaluate the spread ofwages paid within each classification to determine any evidence of disavnF notary wage practices. a The contractor will periodically review selected personnel actions In depth to determine whether there is evidence of discrimina- tion. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed. such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract will attempt to resolve such earn- plaints, and wtitake appropriate corrective action within a reasonable time. If the Investigation indicates that the discrimination may affect persons other then the complainant, such corrective action shall Include such other persons. Upon completion of each Investigation, the contractor will inform every complainant of all of his avenues of appeal. S. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment b. Canisbentwith the contractor 'sworkibm requirements and as permissible under Federal and State regulations, the contractor shag make full use of training programs, i.e., apprenticeship, and on- the -jab training programs for the geo_ , ical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shag be in their first year of apprenticeship or training. Iri ft events special provision for trai nil g is provided under this contract, this subparagraph will be superseded as indicated In the special provision. c The contreclor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor wig periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees w apply for such training and promo- tion. 7. Unions: If the contractor relies in whole or In part upon unions as a source of employees, the contractor will use hislher best efforts to obtain the cooperation of such unions to increase opportunities for Pop 2 5/24/2011 Item 16.A.11. minorl(y groups an=;:=:7 , and th sffecl referrals by su unions of oyees Actions by the contractor either directly or through a con rarto's association aetklg as agent will Include the procedures set forth below: a. The contractor will use best efforts to develop, In tion with the unions, joint training programs aimed toward qua ring more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employmront b. The contractor will use best efforts to Incorporate, an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants wMxxd regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extant such information Is wihn the exclusive possession of the labor union and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the SHA and shad sat forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a ressonablefkhwof minority andwomen rslerralswiWn thetme limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, flfl the employment vacancies without regard to race, color, religion, sex, national origin. age or die t'; making full efforts to obtain quelfled andlor quallilable minority group persons and woman. (The DOL has held that it shall be no excuse that the union with which the contractor had a collective bargaining agreement providing for exclusive referral failed to refer m inci ty employees.) In the event tithe union referral practice prevents the contractor from msetng the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shag immediately notify the SHA. 8. selection ot8ubcontractors, Pmoureavnt of grlotarlieis and LasingotEquipment: The contractor shall notdisciiminatoonthe grounds of race, color, religion, sax, national origin, age or disability tin the selection and retention of subcontractors, Including procure- ment of risterials and leases of equipment a. The contractor shag notify all potential subcontractors and suppliers of hislher EEO obligatcros under this contract. b. Disadvantaged business enterprises (DBE), as defined In 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters Into pursuant to this contract The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The c ontractorwill use his besteftftto ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years folloWng completion of the contract work and shag be available at reasonable tines and places for Inspection by authorized representatives of the SHA and the FIRM. a. The records kept by the contractor shall document the following: (1) The number of minority and non - minority group members and women employed in each wok classification on the project: (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made'in locating, hiring, training, qualifying, and upgrading minority and female employees; and J4) The progress and efforts being made in securing tae services DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA Packet Page -626- Form FHWA 1273 (Rev. 3-84) each drily for the duretion of the project, indicating the nranbe� minority. women, and non- minonty group ernPbyees curie engaged In each work dessilicadon required by the contract worts This information is to be reported on Form FHWA -1391. If on -the beb training is being required by special provision, the contractor will required to collect and report training data. Ill. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10.000 or more.) a. By submission of this bid, the execution of this contract or subcontract, orthe consummation of this materiel supply agreement or purchase order, as appropriate, the bidder, Federal�aid consbua tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated fadities at any of its establishments, and that the firm does not permit Its employees to perform their services at any location, under its control, where segregated facilities are maintained. The fine agrees that a breach of this catfAcation Is a violation of the EEO provisions of this contract. The firm further cartifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any walling rooms. work areas. mai=m and washrooms. restaurants and other eating areas, dmedodcs, locker rooms, and other storage or dressing areas, parting lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which she segregated by explicit directive, or are, In fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom. or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). a The contractor agrees that it has obtained or will obtain Identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it wit retain such CertrTicetions. in its ties. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE bile to all Federal -aid construction contracts exceeding $2, and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account jaxcapt such payrolldeductions as are pamrtoed by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)) time full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment The payment shall be computed at wage rates not less than those , , mined In the wage determination of the Secretary of Labor(heminafler ltte wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (twJuding any additional classifications and wage rates confomhed under paragraph 2 of this Section IV and the DOT poster Wt-1321) or Fora HF M -1495) shat be posted at all limes by the contractor and ills subcontractors at the site of the work in a prominent and accessible pie where it can be easily seen by the workers. For the purpose of this Section, contributions made or duets reasonably anfcpated for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bscon Act (40 U.S.C. 276a) on behati of laborers ormechanics are considered a es to such laborers or mechanics, au h t to the provisions of Section IV, paragraph 3b, hereof. Also, For the purpose ofthis Section, regular contributions made or costs Incurred ffor more than a weekly period (but not fees often than quarterly) un ms der plans, funds, or program, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the dassmficatron of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section N. Form FHWA -1273 (Rev. 3-94) 5/24/2011 Item 16.A.11. b. Laborers or mechanics performing work In more than one classi lostion may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employers payroll records accurately set forth the time spent in each I clesdfication in which work is parformed. a All rulings and Inmrpnebttions of the Devi"acon Act and related acts contained In 29 CFR 1, 3, and 5 are heroin incorporated by reference in this contract 2. Classification: a. The SHA contracting offioer shop require that any class of laborere or mechanics employed under the contract, which is not listed in the wage determination, shall be clasOW in conformanoe with the wage determination. b. The contracting officer shall approve an additional dassifics- tlon, wage rate and fringe benefits only when the following criteria have been meet (1) the work to be performed by the additfonel elaaeifiea- tion requested Is not perfomed by a classification in this wage determination; (2) the additional classification is utllited to the area by the construction industry; bona We "a (3) the proposed wags rate, iP to tdi wage rates contained benefits, bears a reasonable re onah m the in the wage determination; and (4) with respect to helpers, when such a classification prevalls in the area in which the work is performed. a If the contractor or subconvactors, as app opriste, the laborers and mechanics (If known) 10 be employed In the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where app to), a report of the rig action taken shaft be sent by the contofi'ioer to the DOL, Administrator ofthe Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The triage and Hour Administrator, or an authorized representative. will a modify or disapprove every additional classification action wk 30 days ot~ re fit and so advise the oontractim officer or will nobly time contract- ing ffo user within the 30-day period Mat additional time is necessary. d. In the event the contractor or subcontractors, asa�tpropr- ate, the laborers or mechanics to be In the addRlornel classification or their represermmtlws, and the oantrecting ofioa do not agree on the proposed classificaton and wage rate (Including the amount desidnated for fringe benefits, when$ appropriate), the contracting officer shai'reier the questions, Including the views of all interested parties and the recommendation of the contracting ofliaoer, to the Wage and Hour Administrator for determination. Said Administrator, or at authorized representative, wB issue a detemina- tion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (Indud'ung fringe benefits where a=p dale) determined pursuant to paragrapFt 2c or 2d of this Section N shat be paid to all workers performing work in the additional classification from the first day on which work Is performed in the class'tfiestion. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate the contractor or subcontractors, as appropriate. Shan either pay t{fe benefit as stated in the wage determination or shall pay another bona We fringe benefit or an hourly case equivalent thereof. b. if the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, Viet the applicable standards of the Davis -Bacon Act have been met The Secretary of labor may require the contractor to Set aside In a separate account assets for" meeting of obligations underthe plan or program. Packet Page -627- pop 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permit6sd to work at less than the predetermined rate for the work they pedbin d when they are employed pursuant to and individually registered In a bona fide apprenticeship program registered with the DOL, Employment: Employment: and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or If a person is empkrjed in his/her fast 90 da)ra of probationary emplor - ment as an apprentice In such an apprenticeship program, who Is not individually nn the program, but who has been certified by time Bureau � ceship and Training or a State apprentloeship agency (where apprwdsts) to be eligible for probationary errmploy- ment as an apprentice. (2) The allowable ratio of apprentices to jou an -level employees on the Job site in any emit dassilimWon shall not be greater than the ratio permitted to the contractor as to the entire wo rk force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above, shall be paid not leas than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the reg istered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. More, a oorutradar or suttcorntractor is raring construction on a project in a locality other than that in win is program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) spa �in�contractor'sorsubcontractoes registered program shall (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyrmem -level hourly rate specified in the applicable wage detemnlnation. Apprentices shail be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify limppse benefits, apprentice must be paid the full amount of fringe benefda Rated on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a dfflarent practice prevails for the applicable apprentice dassitication, fringes shall be paid in accordance with that determination. (4) In theeventthe Bureau of Apprenticeship and Training, or a Stahl apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no krrger be permitted to utilize apprentices at less than the applicable predetermined raft for the comparable work perforated by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR S. 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to urneymen -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Admrnntratlon. Any employee listed on the psymil at a trainee nine who is not registered Trnraiiiniinng istraatton shall be paid less then the applicable wage wage rate on the wage determination for the classification of work actually job site n excess tithe ratio per'm�Wad y ander the registered p onram shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the jou n -level hourly rate specified in the applicable wage deter in Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program• if the trainee program does not mention firings benefits, trainees shall be paid the full amount of fringe benefits Iisitd an the wage determination unless the Administrator of the Wage and Hour Pegs 4 5/24/2011 Item 16.A.11. Division determines that there is an apprenticeship program associ- ated with %a corresponding Journeyman -level wage rate onthewage determination which provides for lass than full *Ingo benefits for apprentices, In which case such trainees shall receive the same fringe benefitt as apprentices. (4) In do event the Employment and Training Administra- tlon withdraws pnovai of a tmainirug program, the contractor or than tide �i�Ie preddetteernin d rate for the t� performed u� an axeptable program is approved. c. Helpers: classifxwHo Helpers will a permitted to oonnthe applicable r wage determination orb; approved pursuantto the conformance procedure set forth in Section IV2. Any worker lated on a payroll at a helper wage rate, who is not a hexer under a approved del WN, shall be paid then wage ally an psrformed. determina- te. Apprenticee and Trainees (Programs of the U.S. DOT): training programs s which have b� certified by the Secretarryy�of Transportation as promoting EEO in connection with Federal-aid highway construction grog are not subject to the requirements ofparagraph 4 of this Sedio N. The straight time hourly wage rates for apprentices and trainees under such programs wli be established by the particular Programs. The ratio of apprentices and trainees to joumaymen shat no be greater than paired d by the terms of the particular program. 6. Withhoking: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor. or any other Federally- asslsted contract subject to Davis -Bacon prevell ng mh oerecc� hi;h hold i e contractor, as much of the payments advances same be consideed necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontract for the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of thew"" required by the contatct, the SHA contracting olfioar may, afterwrltten notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such viciaitions have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described In paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she Is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not leas than one - and - one -half times Wier basic rate of pay for all hours worked in excess of 40 hours In such workweek. 8. Violation: Liability for unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shah be liable to the United States (in the case of work done under contrad for the District of Cokrnbis or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with rasped to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set foAh n paragraph 7, in the surn of 410 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Uquidated Damages: Packet Page -628- Form FHWA -1273 (Rev. 3-94) The SHA shelf upon Its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Fedora y contract subject to the Contract Work Hours and Safety SttrAd, which is tread by the some prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such co ntractor or subcontractor for unpaid wages and Liquidated dwnoges as provided in the clause set forth In paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2, and to all related subcontracts, except for projects located on roadways classified as khal roads or rural collectors, which are vwrPt-) 1. Compllance with Copeland Regulations (29 CPR 3): The contractor shall comply with the Copeland Regulations of the Seastary of labor which are herein incorporated by,Moore. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shat be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of carQletion of the contract for all laborers, mechanics, apprentices, trainhses, watchmen, helpers, and guards working at the site of the work b. The payroll records shall contain the name, social security number, and address of each such his or her correct dnssificrelion; hourly rates of wages paid Qncludlng rates of contribu- tions or costs anticipated for bona fide fringgee bereft or cash equivalent thereof the described in Section 1 x2)(13) of the Davis Bacon Ad); dal and weekly number of hours worked; deductions made; and actual wages pair. In addition, for la- chian contracts, the payroll records shelf contain a notation indi�catirtg whether the employee does, or does not, normally reside in the labor area as defaced In Attachment A, paragraph 1. Whenever the Secretary ofLabor, pursuant to Section I1f, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any Costs roasormbly anticipated In providing benefits under ap1an or program descrbed In Section 1(b)(2)(B) of the Davis Bacon Ad, the Contrac lorand each subcontractor shall maintain records which show that the co nniltment to provide such benellts Is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and strew the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. a Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages pail each of Its employees (Including apprentices, trainees, and helpers, described In Section IV, para- graphs 4 and 5, and watchman and guards engaged on work during the weekly payroll period). The payroll submitted shall set out accurate and completely ail of the information required to be maintained under paragraph 2b of this Section V. This Information may be submitted in any forth desired. OOpptional Forth VVH -347 is available for this purpose and maybe puaesed from the Superin- tendent of Docurrhents (Federal stock number 029. 005-0014 -1), U.S. Govertxment Printing Office, ashington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each ppaayroA submitted shag be accomparmbsd by a "State - menht of ConplarhCe," signed by the Contractor or subcontractor or hither agent who pays or supervises the payment of the persons employe under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information n oquired to be maintained under paragraph 2b of this Section V and that such information is correct and komp(ete; (2) that such laborer or mechanic (includin each helper, apprentice. and trainee} errhpleyed onthe Contract du the payroll period has been paid the full weekly wages esmed, ut rebate, either directly or Indirectly, and that no deductions have been made Forth FHWA -1273 (Rev. 3.94) 5/24/2011 Item 16.A.11. either directly or indirectly from the full wages eared, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not loss that the applicable wage rate and fringe benefits or rm cash �uivalert for the cWudicadw of worked performed, as speclllsd in the applicable wage determination incorporated into the contract. e. The weekly submission of a pro geny executed certification set forth on the reverse side of Optional Farm WN-347 Mail satisfy the requirement for submission of the 'Statement of Complianc�e required by paragraph 2d of this Section V, f. The falsification of any of the above certifications may subject the contractor to dvi or criminal prosecution under 18 U.S.C. 1W1 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the reeccorrdds. t oa copyinrhgg c��rec transcription by autho�rtaend represent1*6 of the SHA, the FHWA, or the DOL and shall psmdt scrim 1- to Interview employees during working hours on the )ob. If the contractor or subcontractor falls to submit the required records or to matte them avalable, the SHA, the FHWA, the DOL, or an may, aRer written notice to the contractor, sponsor. applicant, or owner; take such actions as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Furthermore, failure to subrrmi, the required records upon request or to make such records available may be grounds for debornio t action pursuant to 29 CFR 5.12 VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway Syatern, except those which provide solely for the Installation of probKove devices at railroad grade cco�gs . those which are constructed on oforoe accountordirect IaborbasIs,highwaybeaubllcation contacts, and contracla for which the total final won cost for roadway and bridge is less than 51, 000,000 (23 CFR 1335) the contractor shat: a. Become familiar with the list of specific materials and supplies contained in Form FHWA47, "Statement of Maberkle and Labor Used by Contractor of Highway Con*Wuctorh Involv�irrtcpp Federal Funds," prior to the commencement of work under this c:onirscx b. Maintain a record of the total cost of all rsterisb and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHV0 47. C Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1b relative to materials and Guppies, a final labor summary of all contract work Indicating the total hours worked and the total amount earned.. 2 At the prime contractors option, either s single report covering all contract work or separate reports for the contractor and for each subcontract shalt be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perforrn with its own organization contrad work amounting to not less than 30 percent (or a grater percentage If specified elsewhere In the contract) of the total original contract price, excluding a specialty kerns designated by the State. Spada lty items may be perforhed by subcontract and tie amount of any suchh speaaky Items pedomwd may be deducted from the focal organs] contract pna before consputirg the amourd of work required to be performed by the coraractors am organization (23 CFR 635). a. "Its own organization' shall be construed to k►dude only workers employed and paid directly by the prime contractor and equipment owned or rented by fire prirns contractor, with or without operators. Such term does not include employees or equipment of Packet Page -629- pop S a subcontractor, assignee, or agent of the prime contractor. b. 'Spedsky kerns" shall be construed to be limited to work thatraquy Imshighlyhrpeaaiaedknowledge, abilkles, oraqulpmant not ordinan available in the type of contracting organizations qualified and expected to bid on the contract as a whole and In general are to be limited to minor components of the overall contract 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a corr>pebud superintendent or supervisor who is employed by the 11rm, has full authority to direct performance of the work in acconance with the contract require - ments, and is In charge of all construction operations (regardless of who performs the work) and (b) such other of Its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned cr otherwise disposed of except with the written consent of the SHA contracting officer, or authorised representative, and such consent when 91ven shall not be construed to relieve the contractor of any responsibility for the fusillrtwnt of the contract Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vitt. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal. State, and local laws governing safety, health, wid (23 CFR 635). The contractor ahai provide all safeguards, safety devices and protedive equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the fife and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any em ten performance of the contract, to work in surround- ings or under oondklons which are unsanitary, hazardous or danger- ous to hisiher health or safe as determined under constructim safety and health standards (29 CFR 1426) promulgated by the Secretary of Labor, in accordance with Section 107 of Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any aka of cnntrad performance to inspect or, investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federahaid highway projects, lt is o;asential that ail persons concemed with the project perform their functions as earefuify, thoroughly, and honestly as possible. VVdifui falsification, distortion, or misrepresentation with respect to any facts related to the prore is a violation of Federal law. To prevent any misundsrafandingregarding the seriousness of these and similar acts, the following notice stall be posted on each Federal -aid highway project an FR 635) n one or more places where it is readily persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent or employee of ft United States, or of any State or *rembry or whoever, whaC►er a pesos, association, Flan, or ooMoration, knowingly makes any false state- ment, false representation, or false report as to the character. quality. Page a 5/24/2011 Item 16.A.11. quantity, or cost of the material used or to be used, or ft quantify or quality of the wodr pedbmaed or to ire or the oust Ifrereof in ennection w(M the submission plans, maps, lvna, ow acts. or costr of oonaftcdon on any or rhekhfed project submitted for approval to the Secretary of�; or whoever y mates any false stslwwn4 fWas rapresents- lion, false report stellar s0m respect to the character, quality, quantity, or cod of mated" AwWW onto work be fAurnlsks4 la ccaonnectton performed, tl e consbuclion of any htgWmy or muted pr+yect approved by the Secretary of 7ranaportatlon; or Wn as to mabdal fad Wt►oaver ln►owirr9ely ntalata any telse sietament or fetes rapreaenta- subwAled pursuant loo provisioonns of � Federal -ad Roads Act approved July 1, 1916 (39 Slat 355), as amended and svpple- mented; Shall be lfnad notmore that 310,000 orkr4risoned not more than 5 years or both." X IMPLEMENTATION OF CLEAN.AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT sra000 a construction o ) contracts and to all rebated ubcontcts of 5100 By submission of this bid or the execution of this contract or subcontract, as appropriate, the bidder, Fedem"Id construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as folows: 1. That any facility that Is or wit be utilized In the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at seq., as amended by Pub.L. 91-808), and under the Federal Water tSo ution Control Act, as amended (33 U.S.C. 1251 11M., as amended byPub.L.92- M). Executive Order 11738, and mrgu i ions in implernentetion thereof (�40 CFR 15) Is not listed, on the data of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facifltes pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean AirAct and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of arry communication from the Director, Office of Federal Activities, EPA, Indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List ofViclating Facilities. 4. That the firm agrees to include or cause to be Included the requirements of paragraph 1 through 4 of this Sedan X in every nonexempt subcontract, and further agrees to We such action as the government may direct as a means of enforcing such requiretnerks. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transea tans: (Applicable to all Federal -aid contracts - 49 CFR 29) a. Bgyy shgr. and submitting this proposal, the prospective primary participants providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective p d *ant shall submit an explanation of why it cannot provide the co r sat out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter Into this transaction. However, failure of the prospective primary pmt to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fad upon which reliance was olacod when the departrnsnt or agency determined to enter into this hansaction. lt it is later deter - mhned that the prospective primary participant knowingly rendered an erroneous certification, In addkion to other remedies available to the Federal Government, the department or agency may terminate this Packet Page -630- Forth FHWA -1273 (Rev. 3-94) transaction for cause of debutL d. The prospective primary Participant shaft provide inrnediate written notice to the department or agency to whom this proposal is submitted if any time the prospective printery participant learns that Its certification was erroneous when submitted or has become erroneous by reason of charged circumstances. e. The terms "covered transaction," "debarred," nded," Ineligible," "lower tier covered transaction," 'parGgpwv, person " "primary covered transadion "' principal,« "proposal, "andNvkxfrify excluded," as used in this clause, haw the meanings sat out in the Definitions and Coverage sections of ruins implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, It shall not knowingly enter Into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency entering Into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will incl xle the clause tMW'Certiica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency erriering into this covered transaction, without nwdifiation, in all lower tier covered transactions and in all solkita- tions for lower tier covered transactions. h. A participant in a covered Vansacton may rely upon a certification of a pmspec�hre partktipant in a lower tier covered transaction that is not debated, suspmded, inekgible, or voluntarily excluded from the covered transaction, unless It knows that the certification is erroneous. A participant maayy decide the method and frequency by which k determines the efigtbildty of its principals. Each participant may, but Is not required to, check the ronprocurement portion of the "Clots of Parties Excluded From Federal Prowrement or Nonproarerrient programs" (Nonpmcurament List) which is compiled by the General -SSeervices Administration. I. Nothing contained in the foregoinrgg shad be construed to require establishment of a system of records In order to render In good faith the certification required by this clause. The knowledge and iiformation of participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph f of these Instructions, I a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, n addition . tootherretediesavailable to the Federal Government, the department or agency may tsrrnnate this transaction for cruse or default. Form FI-MA -1273 (Rev. 3-94) 5/24/2011 Item 16.A.11. Certification Raaardting rrt, Suspension. lnelolWky and VohmtoryExc union-- PrImery Corarsd Tranaactbns 1. The prospective primary participant argm to the best of its knowledge and belief. that It and its principals: a. Are not presently dabaned, suspended, proposed for debarment: declared ineligible, or voluntarily axcttded from covered transactions by any Federal departrnerd or agency, b. Have not within a 31ear period preceding this proposal been convicted of or had a civil ludgemant rendered against them for comrnleslon of baud or s atmirul offense in canna lion with obtain= frig, attempting to obtain, or performing a public (Federal, State or Weal) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embecdoment, theft, forgery, bribery, falsification or destruction of records, nuking false statements, or receiving stolen property, a Are not presently Indicted for or otherwise criminally or evilly charged by a governmental entity (Federal, State or local) wkih commission of any of the offenses enumerated in paragraph I of this certification; and d. Have not within a 3-year period preceding this sppia- tkinlproposal had one or more public transactions (Federal, Slate or local) terminated for awe or default 2. Where the prospective primary participant is unable to certyy to any of the statements in this certiliation, such proepsctlw participant shall attach an explanation to this proposal. 2. Inabucbota forCeetifieaton- I. mwTlerCovwod Trarow- tions: (Applicable to all t transactions of $25,000 air more . gat R orders and other lower a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The corCdication In this clause is a material representation of fact upon which reliance was placed when this transaction was entered Into. M it is kW determined that the prospective lower tier participant knowingly rendered an erroneous cerfific edw in addition to other remedies available to the Federal Government, the deport- ment, or agency with which this traneacdon originated may pursue available remedies, incluclrng suspenaion andlor debarment c. The prospective lower tier participant shall provide irmedt- We written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leerns. that its c erlificatim was erroneous by reason of changed circumstances. d. The terms "Covered trenssction " "debsrred," ^suspended ineligible," "primary covered transaction," "participant," "person 'principal" "proposal,' and *voluntarily excluded" as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementng Executive Order 12549. You may conaact the person to which this proposal is submtited for aasistaance in obtaining a copy of those regulations. e. The prospective lower tier pa '. nt somas by submitting this proposal that. should the pproposed covered transaction be entered into, it not knowsgly enter Into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective Power ter particlpant further &�ggrereeens by submitting this proposal that it will include this douse tdled'Cer" - lion Regarding Debarment, Suspension. Ineligibility and Voksitary Exclusion -Lower Tar Covered Transection,"witi1xiout modification, in all lower tier covered transactions and in all solidtations for lower tier covered transactions. g. A participant In a covered transaction may rely upon a certification of a prospective participant in a lower tier covered that at is not debamed, suspended, Ineligible, or vofurderily excluded from the covered transaction, unless it knows that the certification is erroneous. A Participant may decide the mot! and Packet Page -631- Pear 7 EIVIcDarriit may. but is not required eligibility of thebNoni>Q�=remerd h. Nothing contained in the faregoi shan be construed to require establishment of a system of records in order to render In good faith tine certification required by this clause. The knowledge and Infant ation of participant Is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. I. 6ccept for transactions authorized under paragraph a of these Instructions, If a partidpant in a covered transaction knowingly enters into a tower tier covered transaction with a person who is suspended, debarred. Ineligible, or voluntarily excluded from participation In this transaction, in addition to other rernedles available to the Federal Government, the department or agency with which this transaction originated may pursue evahtable remedies, Including suspension andfor debarment. ♦...a Cantifleatlon q- ---"ng Debarment. Suspension, Insllgllblltty and Voluntary Exclusion —Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither It nor its principals Is ppresently debarred, suspended, posed for debarment, declared theigibie, or volun- tarily excluded�hom participation in this transaction by any Federal depa hnent 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. Pap 8 5/24/2011 Item 16.A.11. XIL CERTIFICATION REGARDINO USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Faderal -aid construdion contracts and to all related subcontracts which exceed $100 ,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief that: a. No Federal appropriated funds have been paid or wti be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a n�yy FedEW agency, a Member of Congress, an offcer or employee of Congre or an employee of a Member of Congress in connection wii��r awardi.9 of any Federal contract, the maldng of any Federal grant, the of arty Federal ban, the entering into of any cooperative afire, ficition of the eudension, continuation, renewal, amendment, or any Federal contract, grant, ban, or cooperative agreement.. b. If any funds other than Federal a ropriated funds have been paid noaoy person �ce inf anoffcer or employee s nyFederal agency. a Member Of C nngg�reeaaaa an officer or arroyos of Congress, or an employee of a Meomberof�Corpress In connection with this Federal contract„ grant, ban, or coopenibve agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," In accordance with its instructions. 2. This cardfication Is a material representation of fact upon which reliance was placed when this transaction was made orentered Into. Submission of this certification is a prerequisiteformaidng or entering into this transaction Imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100.000 and that all such recipients shall certify and dlsdose accordingly. Packet Page -632- Form FHWA -1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) I. During the performance of this contract, the contractor under - taking to do give which it for 'asonably may be, done as on4ite 9 P q ffW persons who regularly reside in the laborarea as designated bythe DOL wherein the contrailwork is situated, or the subregion, orthe Appaiachian counties of the State wherein the contract work is situated, except a. To the extent that qualified persons regularly residing in the area are not available. rvisob. For the reasonable needs of the contractor to employ an�effi:ent execution specially � co� work. l necessary to assure c. For the obligation of the contractor to offer employment to present or former artoyee� as the result of a lawful collective bargaining contrail, provided Matthe numberof nonresldentpersons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contrail work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work. (b) the number of employees required In each classification, Forth FHWA -1273 (Rev. 3-94) -- 5/24/2011 Item 16.A.11. (c) the data on which he estimates such employees will be required, and (d any ether pertinent information required by the State Employ- ment rvice to complete the job order form. The job order may be placed with the State Employn'rent Service in writing or by telephone. If during the course of the contract work, the krform low subnetted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contracw shall give full consideration to all q"1%d 'ob applicants referred to him by the State Employment Samos. Tne contractor is not required to grant employment to any fob ap�Ircants who, in his opinion, are not qualified to perform the == of work required. 4. If, within 1 weak following the placing of a job order by the contradorwih the State Employment Service, the StabErtployment Service is unable to refer any qualified job appik�nta to the tor, or or less than the number requested a Stets Employment Service will forward a csrbt4W to the conWrOw Indkarting the unavailability, of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor ma employ persons who do not nom*mly reside In the labor area to fit positions coveted by the eartitigte, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Af chment A in every aubcontractlor work which 4 or reasonably may be, done as on -aile work. Packet Page -633- Pop 5/24/2011 Item 16.A.11. 16. Liquidated Damages See Construction Agreement, Section 5B. Contract Time and Liquidated Damages, Collier County Contract 17. Local Hiring Preference Provision excluded from this contract. 18. Lobbying Certification (Florida Department of Transoortation Policy) "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 in- directly an officer or employees 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 any cooperative agreement, and the extension, continuation, renewals, 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, and 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 certificatlon be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients 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 the transaction imposed by section 1352, title 31, US Code. Any person(s) 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.' 19. Award and Execution of Contract (Method of Construction or Method of Bidding). See Section 12, Part B. Instruction to Bidders, 12.2 See A itacT ed con it p its 0a # =-GC-I . 20. Non - Collusion Provision (Florida Department of Transportation Guidelines) 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 of 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 non - responsive and not eligible forward consideration. 21. Owner Force Account/Cost- Effective Justification Provision excluded from this contract Packet Page -634- 5/24/2011 Item 16.A.11. 22. Patented/Proprietary Materials The Owner certifies that neither patented or proprietary materials are equired or specifically named in the specifications to be used for this project. 23. Prevailing Minimum Wage For this contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Numbers) FL310, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the United States Department of Labor website (www.wdol.gov) and ensure that employees receive the minimum wages applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. General Decision Number. FL100310 03/12/2010 FL310 Superseded General Decision Number FL20080310 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 ELECO349 -008 08/31/2009 Rates Fringes ELECTRICIAN............................................................... ..............................$ 25.05 7.56 SUFL2009 -207 08/05/2009 Packet Page -635- Rates Fringes CARPENTER....................................... ............................... .........................$15.30 2.54 CEMENT MASON/CONCRETE FINISHER ....................... .........................$12.30 0.00 HIGHWAY /PARKING LOT STRIPING: Operator (Striping Machine) ......................................... ..............................$ 11.97 2.23 HIGHWAY/PARKING LOT STRIPING: Painter.......................................................................... ..............................$ 13.31 0.00 IRONWORKER, REINFORCING .................................. ..............................$ 14.50 1.37 IRONWORKER, STRUCTURAL ......... ............................... .........................$16.75 3.88 LABORER: Asphalt Shoveler ....................................... ..............................$ 10.70 0.00 LABORER: Common or General ........ ............................... .........................$10.19 1.55 Packet Page -635- 5/24/2011 Item 16.A.11. LABORER: Flagger ................ .................................................................... $12.75 0.00 LABORER: Grade Checker .......... .............................................................. $ 10.50 0.55 LABORER: Landscape and Irrigation ........................... ..............................$ 8.77 0.00 LABORER: Luteman ................ .................................................................. $10.32 0.00 LABORER: Mason Tender - Cement/Concrete .................. ....................... $12.00 1.80 LABORER: Pipelayer .............. ................................................................... $11.63 2.65 LABORER: Power Too[ Operator (Hand Held Drills/Saws, Jackhammer and Power Saws ........ ............................................................ $11.23 1.96 OPERATOR: Asphalt Paver ........ .............................................................. $11.52 0.00 OPERATOR: Asphalt Plant ......... ............................................................... $12.20 0.00 OPERATOR. Asphalt Spreader .................................................................. $10.76 0.00 OPERATOR: Auger .................................................................................... $19.40 0.44 OPERATOR: Backhoe Loader Combo ............................ ........................ $15.33 0.97 OPERATOR: Backhoe/Excavator ..... ......................................................... $15.50 2.28 OPERATOR: Boom .................. .................................................................. $16.61 0.00 OPERATOR: Bulldozer ............. ................................................................. $13.71 1.55 OPERATOR: Crane .................................................................................... $19.94 1.37 OPERATOR: Distributor ........... .................................................................. $11.47 0.00 OPERATOR: Drill .................. ...................................................................... $13.00 1.59 OPERATOR: Grader/Blade ................. ...................................................... $14.32 0.00 OPERATOR: Loader ................ .................................................................. $12.83 1.29 OPERATOR: Mechanic .............. ................................................................ $16.31 1.37 OPERATOR: Milling Machine ..................................................................... $11.92 0.00 OPERATOR: Oiler ...................................................................................... $11.92 1.91 OPERATOR: Paver ................. ................................................................... $12.42 0.86 OPERATOR: Piledriver ........... .................................................................. $15.59 4.00 OPERATOR: Roller ................ .................................................................... $11.14 0.00 OPERATOR: Scraper ................................................................................ $10.70 1.60 OPERATOR: Screed ................ .................................................................. $10.82 0.00 Packet Page -636- OPERATOR: Tractor .................................................... ..............................$ 12.78 OPERATOR: Trencher ....................... ............................... .........................$13.41 PAINTER: Spray and Steel ................. ............................... .........................$16.62 TRUCK DRIVER: 10 Yard Haul Away Truck .................... .........................$12.50 TRUCK DRIVER: Distributor ........................................ ..............................$ 11.30 TRUCK DRIVER: Dump Truck ..................................... ..............................$ 10.05 TRUCK DRIVER: Lowboy Truck .................................. ..............................$ 14.05 TRUCK DRIVER: Material Truck ........ ............................... .........................$12.76 TRUCK DRIVER: Tractor Haul Truck ........................... ..............................$ 10.64 TRUCK DRIVER: Water Truck ..................................... ..............................$ 10.50 5/24/2011 Item 16.A.11. 0.00 0.49 0.00 0.00 2.26 0.00 0.00 9.80 0.00 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 (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates fisted under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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 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 surrey was conducted because those Regional Offices have responsibility for the Davis -Bacon surrey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. Packet Page -637- 5/24/2011 Item 16.A.11. 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 24. Progress Payments See Exhibit H Article 4 Progress Payments Collier County Contract a� ltra ect�on 1 010 ® 25. Prohibition Against Convict Produced Materials (Florida Department of Transportation Guidelines) 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, b 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: (1) materials produced by convicts o parole, supervised release, or probation from a prison or, (2) materials produced in a qualified prison facility. Packet Page -638- 5/24/2011 Item 16.A.11. 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. 26. 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. 27. Publicly -Owned Equipment The County does not allow Contractors the use of publicly owned equipment. 28. Salvage Credits Provision excluded from this contract. 29. Standardized Changes Conditions Contract Clauses Differing site conditions. (1) 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 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 speck 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 wOl 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 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. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the -- Packet Page -639- 5/24/2011 Item 16.A.11. 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. (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 worts, 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. Standard Specifications and Plans See Exhibit M, Plans and Specifications, Collier County Contract 30. State (Florida or other) produced Materials Provision are excluded from this contract. 31. State/Local Owned/Fumished /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. 32. Subcontracting See Exhibit H, General Terms and Conditions, Section 33. Subcontracts, Collier County Contract She aie�7 cpract siectron.pages Ua -A,E. 33, Termination of Contract See Exhibit H, General Terms and Conditions, Section 18. Termination for Default and Section 19. Termination for Convenience and Suspension,. Collier County Contract See attah±d,ointcactsection pages iGC 34. Time Extensions See Exhibit H, General Terms and Conditions, Section 9. Compliance with Laws, Collier County Contract Seer��act�d sectt� *'csorfi+act�Sages:±C��,� -H. Packet Page -640- 5/24/2011 Item 16.A.11. 35. E- Verify Per Executive Order No. 11 -02, signed by the Governor of Florida requires all state agency contracts to include a requirement that consultants and sub consultants, contractors and subcontractors use E Verify. The Webske for E- Verify is: httn:1twrww.uscis qov /e-vrrfv Vendor/Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility Of" 1. all persons employed by the Vendor /Contractor during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Vendor /Contractor to perform work pursuant to the contract with the Agency. 36. TITLE VI (See LAP Manual Chapter 16 Section 16.3 items 5 & 6) 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, 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. While performing this contract, the contractor - for itself, its assignees, and successors in interest (hereinafter referred to as the 'contractor") - agrees to the following: 1. Compliance with Regulations: The contractor will comply with the Regulations on nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation (" USDOT °) Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor will not discriminate on the grounds of race, color, or national origin in the selection and holding of subcontractors. This includes obtaining materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations. This includes 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 either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, the contractor will inform each potential subcontractor or supplier of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. The solicitations includes obtaining materials or leases of equipment, 4. Information and Reports: The contractor will provide all information and reports required by the Regulations or directives. It will also permit access to its books, records, accounts, other sources of information, and its facilities that are determined by the (Recipient) or the (Name of -. Packet Page -641- 5/24/2011 Item 16.A.11. Appropriate Administration) to be important to ensure compliance with such Regulations, orders and instructions. In some cases, another entity possesses the information required of a contractor and refuses to give the information. Here, the contractor will confirm the lack of information with the (Recipient), or the (Name of the Administration) as appropriate, and will explain its efforts to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, the (Recipient) should enforce contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate. Sanctions may include, but are 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. S. Incorporation of Provisions: The contractor should include the terms of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor will take action with on any subcontract or procurement that the (Recipient) or the (Name of Appropriate Administration) directs in order to enforce provisions including sanctions for non- compliance. However, if a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the contractor may ask the (Recipient) to enter into such litigation to protect the interests of the (Recipient). Also, the contractor may ask the United States to enter into such litigation to protect the interests of the United States. Packet Page -642- 5/24/2011 Item 16.A.11. EXHIBIT J TECHNICAL SPECIFICATIONS Packet Page -643- 5/24/2011 Item 16.A.11. NOVEMBER 22, 2010 PREPARED BY: ME D/MJD SPECIFICATIONS PACKAGE FOR FINANCIAL PROJECT ID(S): 425556- 1 -58 -01 FEDERAL FUNDS A DISTRICT ONE OFF-SYSTEM LOCAL A CY PROGRAM PROJECT LLI ER The applicable Constriction Details and Transportation MaiStandard Speciicationslfo�Road and Bridge Edition of the Florida Deparment of ConsUliction are revised as follows: I hereby certify that this specifications package has been properlyprepared by ine, or under my responsible charge, in accordance with procedures adopted by the Florida Department of Transportation. Signature and Seal- Michael J. Delate Date: Page(s): 1-19 - I - FPID(S) :425556- 1 -58 -01 Packet Page -644- 5/24/2011 Item 16.A.11. __i SPECIALPROVISIONS .................................................»........................... ............................... 3 DEFINITIONS AND T ERMS ................................................................... ............................... 4 SECTION 120 — EARTHWORK AND RELATED OPERATIONS FOR LOCAL AGENCIES.................................................................................... ............................... 4 SECTION 344 — CONCRETE FOR LOCAL AG ENCIES ....................... .............................14 THIS COMPLETES THIS SPECIFICATIONS PACKAGE ................... ............................ »19 - 2 - FPID(S): 425556- 1 -58 -01 Packet Page -645- 5/24/2011 Item 16.A.11. SPECIAL PROVISIONS - 3- FP1D(3): 425556- 1 -58 -01 Packet Page -646- 5/24/2011 Item 16.A.11. DEFINITIONS AND TERMS The following terms, when used in the Contract Documents, have the meaning described: Department. Collier County. Engineer. The Professional Engineer, registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, acting as the project's Construction Engineering Inspection Manager. The Engineer may be County in -house staff or a consultant retained by the County. Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where "acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory," it shall be understood as if the expression were followed by the words "by the Engineer," "to the Engineer," or "of the Engineer:' SECTION 120 — EARTHWORK AND RELATED OPERATIONS FOR LOCAL AGENCIES 120 -1 Description. 120 -1.1 General: Perform Earthwork and Related Operations based on the type of work specified in the Contract and.the Earthwork Categories as defined below. Meet the applicable requirements for materials, equipment and construction as specified. Earthwork and Related Operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. 120 -1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one of the following Earthwork Categories: 120 -1.2.1 Earthwork Category is includes the earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities. 120 -1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the construction of turn lanes and other non - mainline traffic lanes, widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage structures on the non - mainline pavement. 120 -1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement. - 4 - FPID (S): 425556- 1 -58 -01 Packet Page -647- 5/24/2011 Item 16.A.11. 120 -2 Classes of Excavation. 120 -2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoukler and slope lines and bottom of completed base or rigid pavement. 120 -2.2 Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right -of -way. Dress lateral ditches to the grade and cross - section shown in the plans. 120 -2.3 Channel Excavation: Channel Excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. 120 -2.4 Excavation for Structures and Pipe: Excavation for Structures consists of the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120 Excavation Requirements. 120 -3.1 Excavation and Replacement of Unsuitable Materials: Where rook, muck, clay, or other material within the Limits of the roadway is unsuitable in its original position, excavate such material to the cross - sections shown in the plans or indicated by the Engineer, and backfili with suitable material. Shape backfill materials to the required cross - sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of :k 0.2 foot in depth and :L 6 inches (each side) in width. 120 -3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross - section shown in the plans. 120 -3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers mid all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 1204.4 Excavation for Structures and Pipe. 120 -3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. 120 -3.4.2 Earth Excavation: 120- 3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom - 5 - FPID(S): 425556- 1 -58 -01 Packet Page -648- 5/24/2011 Item 16.A.11. I of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. 120 -3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each pit before driving the piles. After the driving is completed, remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the masonry. 120 - 3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. 120 -3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a fain surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar. 120 -3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and stotm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate wonting room. Remove soil not meeting the classification specified as suitable backflll material in 120- 8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a fine foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the mid -point of the pipe. lace and act the For pipe lines placed above the natural ground line, p compact embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade. 120 -4 Disposal of Surplus and Unsuitable Material. 120 -4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right -of -way. 120 -4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 120 -4.1, when approved by the Engineer, muck (A -8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right -of -way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 1204.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the right -of- way. If the materials are to remain the property of the Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limeroek base into the project as allowed by the Contract Documents. - 6 - FPID(S): 425556- 1 -58 -01 Packet Page -649- 5/24/2011 Item 16.A.11. 120.4.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right- of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet from the nearest roadway right -of- -way line of any road. If the materials are buried, disregard the 300 foot limitation. 120 -5 Materials for Embankment - 120-5.1 General Requirements for Embankment Materials: Construct embankments using suitable materials excavated from the roadway or delivered to the ,jobsite from authorized borrow pits. Construct the embankment using maximum particle sizes (in any dimension) as follows: In top 12 inches: 3 I12 inches (in any dimension). 12 to 24 inches: 6 inches (in any dimension). In the depth below 24 inches: not to exceed 12 inches (n any dimension) i or the compacted thickness of the layer being placed, whichever is less. Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120 -7.2. When and where approved by the Engineer, larger rocks (not to exceed 18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end -bent piling. 120 -5.2 Use of Materials Excavated From the Roadway and Appurtenances: Assurne responsibility for determining the suitability of excavated material for use on the project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120 -53 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120 -5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non - public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 120 -5.3.2 Borrow Material for Shoulder Build -up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. - 7 - FP1D(S): 425556- 1 -58 -01 Packet Page -650- 5/24/2011 Item 16.A.11. 120 -5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. 120-6 Embankment Construction. 120 -6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. 120 -6.2 Dry Fill Method: 120.6.21 General: Construct embankments to meet compaction requirements in Article J20-7 and in accordance with the acceptance program requirements in 120 -9. Restrict the compacted thickness of the last embankment lift to 6 inches maximum. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120- 6.2.1.1 For A-3 and A -2 -4 Materials with up to 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the A -2 -4 material does not exceed 15 %. 120- 6.2.12 For A -1 Plastic materials (As designated in FDOT Design Standard Index 505) and A -2 -4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches. 120- 6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120- 7.2.4. 120 -6.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers, Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120 -7.2.4 and 120 - 7.2.6. 120 -6.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. 120 -6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 120 -6.3 Hydraulic Method: - g - FPID(S): 425556 -1 -58-01 Packet Page -651- 5/24/2011 Item 16.A.11. 120 -6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is rehandled, or moved and placed in its final position by any other method, as specified in 120 -7.2. The Contractor may use baffles or any form of construction he may select, provided the slopes of the, bembank embankments are enotssieepe than indicated in the plans. Remove all timber used the temporary �m�, .�h� placing fill on embankment, and fill and thoroughly pa i and maintain the dikes submerged land, construct dikes prior to beginning of dredg ng, throughout the dredging operation. 120 -63,2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high -water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. is in Embankment: Leave openings in the 120 -6.3.3 Protection of Openin embankments at the bridge sites. Remove any Provide the hsame depth of channelnas existed before channels without additions! compensation-to p material within 200 feet of the construction of the embankment. Do not excavate or dredge any the toe of the proposed embankment. 1204 Compaction Requirements, 120 -7.1 Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. if necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120 -7.2 Compaction of Embankments I and 2 Density Requirements: Reduce the 120 -7.2.1 Earthwork Category minimum required density from 1001/0 to 95% of AASHTO T99 Method C for all earthwork items requiring densities. Requirements: Except far 120 -7.2.2 Earthwork Category 3 Density embankments constructed by the hydraulic method as specified in 120-6.3, and for the material placed outside the standard minimum slope as specified in 120- 6.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to a density of at least 100% of the maximum density as required by AASHTO T 99, Method C. Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the 120 -7.23 Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches (as provided in 120 - 6.2.2), compact the top 6 inches (compacted thickness) of such layer to the density as specified in 120 -9.5. 120 -7.2.4 Compaction Where plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A4, A -5, A-6, or A -7 Soil Groups, as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a coimpression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any backfiU, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and covered with 9 _ . FPID(S): 425556- 1 -58 -01 Packet Page -652- 5/24/2011 Item 16.A.11. water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 120 -7.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: to not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the some Contract. 120 -7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. 120 -7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 120 -7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in 120 -9.5. For undisturbed soils, do not apply density requirements where constructing narrow widening strips or paved shoulders 5 feet or less in width. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench rollers, or other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade. 120 -8 Backtilling Around Structures and Pipe. 120 -8.1 Requirements for all Structures: 120 -8 -1.1 General: Backfill around structures and pipe in the Dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 129 -81.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, perforated pipe drains, sumps and siphons. 120 -8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient al lowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. 120 -8.1.4 Use of A-7 Material: In the baekfilling of trenches, A -7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation for undercutting of A -7 material. 120 -8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the specified 28 -day compressive strength occurs. 120 -8.1.6 Placement and Compaction: Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, - 10- FPID(S): 425556- 1 -58 -01 Packet Page -653- 5/24/2011 Item 16.A.11. wingwalis and end bents or end rest piers, and around box culverts and all structures including pipe culverts. When the backfill material is deposited in water, compact per 120 -8.2.5 and 124- 8.3.4. The Contractor may elect to place material in thicker lifts of no more than 12 inches compacted thickness outside the soil envelope if he can demonstrate with a successful test section that density can be achieved. Notify the Engineer prior to beginning construction of a test section. Construct a test section of 500 feet in length. Perform five tests at random locations within the test section. All five tests must meet the density required by 120 -7.2. Identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new lest section. When a test fails the requirements of 120 -7.2, construct a new test section. The Contractor may elect to place material in 6 inches compacted thickness at any time. 120 -8.2 Additional Requirements for Structures Other than Pipe: 120 -8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before verifying the layer and density requirements. Meet the requirements of the density Acceptance Criteria. 120 -8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid- striking mechanical tampers. 120 -8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 in2. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. 120 -8.2.4 Culverts and Piers: Backs ►11 around culverts and piers on both sides simultaneously to approximately the same elevation. 120 -8.2.5 Compaction Under Wet Conditions: Where wet conditions do not permit the use of mechanical tampers, compact using hand tampers. Use only A -3 material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 120 -8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: 120 -8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfiil which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. Cover Zone: The next zone is backfi ll that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. - 11 - FPID(S): 425556- 1 -58 -01 Packet Page -654- 5/24/2011 Item 16.A.11. Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. 120 -83.2 Material: 120 - 8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 120 - 8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A -1, A -2, or A -3. Material classified as A-4 may be used if the pipe is concrete pipe. 120- 8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. 120 -83.3 Compaction: 120 - 8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut. 120- 83.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Place the material in lifts no greater than 6 inches (compacted thickness). 120- 8.33.3 Cover Zone: Place the material in 6 Inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance Criteria. 124- 8.3.3.4 Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria. 120 -8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that dewatering by normal pumping methods would not be effective, the procedure outlined below may be used when specifically authorized by the Engineer in writing. . Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A -3. Place and compact the material using timbers or band tampers until the backfill reaches an elevation such that it's moisture content will permit the use of mechanical tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand. 120 -9 Acceptance Program. - 120 -9.1 Density over 105%: When a computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, perform a second density test within 5 feet. If the second density results in a value greater than 105 %, investigate the compaction methods, examine the applicable Maximum Density and material description. If necessary, test an additional sample for acceptance in accordance with AASHTO T 99, Method C. 120 -9.2 Maximum Density Determination: Determine the maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed in 120 -9.3. - 12- FPID(S): 425556- 1 -58 -01 Packet Page -655- 5/24/2011 Item 16.A.11. 120 -93 Density Testing Requirements: Ensure compliance with the requirements of 120 -9.5 by Nuclear Density testing in accordance with FDOT Florida Method FM 1 -T 238. Determine the in place moisture content for each density test. Use Florida Method FM t -T 238, FM 5 -507 ( Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven) for moisture determination. 120 -9.4 Soil Classification: Perform soil classification tests in accordance with AASHTO T -88. Classify soils in accordance with AASHTO M -145 in order to determine compliance with embankment utilization requirements. 120 -9.5 Acceptance Criteria: Obtain a minimum density in accordance with 120 -7.2 with the following exceptions: 1) embankment constructed by the hydraulic method as specified in 120 -6.3; 2) material placed outside the standard minimum slope as specified in 120 - 6.2.4; 3) other areas specifically excluded herein. 120 -9.6 Frequency: Conduct sampling and testing at a minimum frequency listed in the table below. 120 -10 Maintenance and Protection of Work. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in older to provide support for the edges. Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross, sections shown in the plans, until final acceptance of the project, 120 -11 Construction. 120 -11.1 Construction Tolerances: Shape the surface of the earthwork to confotln to the lines, grades, and cross - sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross - section with the following exceptions: 1, Shape the surface of shoulders to within 0.1 foot of the plan cross - section. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3. Shape the bottom of ditches so that the ditch impounds no water. 4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan cross - section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans. - 13- FPID(S): 425556- 1 -58 -01 Packet Page -656- 5/24/2011 Item 16.A.11. 120 -113 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. 120 -12 Method of Measurement. 120 -12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer. 120 -12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond the limits shown in the plans or authorized by the Engineer. 120-13 Basis of Payment. 120 -13.1 General: Prices and payments for the work items included in this Section will - be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. 120 -13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. 120 -13.3 Embankment: The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. No payment will be made for materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials placed outside the lines and grades given by the Engineer. SECTION 344 — CONCRETE FOR LOCAL AGENCIES 344 -1 Description. 344 -1 General: Construct Local Agency Program (LAP) Concrete based on the type of work as described in the Contract and the Concrete Work Categories as defined below. 344 -1.2 Work Categories: Construction of LAP concrete elements will fall into one of the following Concrete Work Categories: -14- FPID(S): 425556- 1 -58 -01 Packet Page -657- 5/24/2011 Item 16.A.11. 344 -1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non - reinforced cast -in- place or precast elements. 344 -1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for fight poles, highway sign foundations, retaining wail systems, traffic separators or other structural precast elements. 344 -1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast -in -place concrete requiring a class of concrete specified in FDOT Section 346. 344 -2 Materials. 344 -2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures that meet the following requirements: 344 -2.1.1 Portland Cement: Cement shall conform to the requirements of the AASHTO or ASTM designations. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed. Portland cements meeting the requirements of AASHTO M -85 or ASTM C-150 are allowed for LAP concrete. 344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet current FDOT requirements except that source approval by the FDOT is not required. 344 -2.1.3 Water: Water shall meet current FDOT requirements. 344 -2.1.4 Chemical Admixtures: Chemical admixtures shall meet current FDOT requirements. Admixtures may be added at the dosage rates recommended by the manufacturer. 344 -2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the current FDOT requirements. 344 -2.2 Material Storage: Use a concrete production facility that meets the following requirements. 344 -2.2.1 Cementitious Materials Storage: Provide a separate and clearly labeled weatherproof facility to store each brand or type of cementitious material without mixing or contamination. Provide a suitable, safe and convenient means of collecting cementitious material samples at each storage facility. 344 -2.2.2 Aggregate Storage: Provide suitable bins, stockpiles or silos to store and identify aggregates without mixing, segregating or contaminating different grades or types of materials. Identify aggregate type/gradation. Handle the aggregates hi a manner to minimize segregation and meet the specification requirements when recovered from storage. Continuously and uniformly sprinkle coarse aggregate with water, for 24 hours preceding introduction into the concrete mix. Timers may be used to facilitate the sprinkling of aggregate stockpiles using an alternating on/offmethod. However, in no event shall the top surface of the stockpile be permitted to become dry prior to batehing of concrete. Moisture probes may be used to determine the moisture content of the aggregate. Ensure that the accuracy of the probe is certified annually and verified weekly. Maintain stored aggregates in a well- drained condition to minimize free water content. Provide access for the Engineer to sample the aggregates from the recovery side of the storage facility. - 15- FPID(S): 425556.1 -58 -01 Packet Page -658- 5/24/2011 Item 16.A.11. 344 -3 Production, Mixing and Delivery of Concrete- 344-3.1 Concrete Production Requirements: Use concrete production facilities certified by the National Ready -Mixed Concrete Association (NRMCA), approved by the FDOT. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product When moisture probes are not used, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates within two hours prior to each day's batching. On concrete placements expected to exceed three hours, perform an additional moisture test approximately half way through the batching operations and adjust batch proportions accordingly. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes, and are in accordance with Chapter 9.2 of the FDOT Materials Manual. At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for accuracy by it qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture. As an alternative, the producer may have this frequency identified in an FDOT approved QC plan. The accuracy of admixture measuring dispensers will be certified annually by the admixture supplier. When Volumetric Mixers are used for Category I applications, deliver concrete in accordance with the requirements of Volumetric Mixer Manufacturers Bureau (VMMB) and ensure that the vehicle has a VMMB registered rating plate. 344 -3.2 Classes of Concrete: Classes of concrete to be used on the project wi 11 be defined in the Contract Documents. 344 -3.3 Contractors Quality Control: The Contractor will supply a Quality Control (QC) plan to identity to the Agency how quality will be ensured at the project site. During random inspections the Agency will use this document to verify that the construction of the project is in agreement with his QC plan. 344 -3.4 Concrete Mix Design: Before producing any concrete, submit the proposed mix design to the Engineer on a form provided by the Agency. Otherwise, the agency will accept mix designs previously described in an FDOT approved QC plan. In any event, use only concrete mix designs having prior approval of the Engineer. Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on an Agency approved concrete delivery ticket. The Engineer may disqualify any concrete production facility for non - compliance with specification requirements. 344 -3.5 Delivery: For cast -in -place applications, the maximum allowable mixing and agitation time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the Agency with each batch of concrete before unloading at the placement site. The delivery ticket shall be printed. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete certifies that the batch was produced in accordance with these Specifications and signs the delivery ticket. The Contractor shall sign the delivery ticket certifying that the concrete was batched, delivered and placed in accordance with these Specifications. 16- FPID(S): 425556 -1 -58-01 Packet Page -659- 5/24/2011 Item 16.A.11. The Contractor shall be responsible for rejecting loads of concrete that do not meet the plastic properties of the approve mix design or the minimum compressive strength requirements. At the sole option of the Agency, the Engineer may accept concrete at a reduced pay when it is determined that the concrete will serve its intended function. 344 -3.6 Placing Concrete: 344 -3.6.1 Concreting in Cold Weather: Do not place concrete when the temperature of the concrete at placement is below 45 °F. Meet the air temperature requirements for mixing and placing concrete in cold weather as specified in Section 346. During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the concrete and air within the enclosure can be kept above 60 °F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344 -3.6.2 Concreting in Hot Weather: Meet the temperature requirements and special measures for mixing and placing concrete in hot weather as specified in Section 346. When the temperature of the concrete as placed exceeds 75 °F, incorporate in the concrete mix a water - reducing retarder or water reducer if allowed by Section 346. Spray reinforcing steel and metal forms with cool fresh water just prior to placing the concrete in a method approved by the Engineer. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344 -3.7 Mixers: Ensure that mixers are capable of combining the components of concrete into thoroughly mixed and uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete tmiformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container. 344 -3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less than 3 yd 3 placed in one day and less than 0.5 yd placed in a single placement may be accepted using a pre - bagged mixture. The Agency may verify that the pre- bagged mixture is prepared in accordance with the manufacturer's recommendations and will meet the requirements of this Specification. 344 -3.9 Sampling and Testing: 344 -3.9.1 Category 1: The Engineer may sample and test the concrete at his discretion to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi. 344- 3.9.2: Category 2: Provide a statement of certification from the manufacturer of the precast element that the element meets the quality control and inspection testing requirements of the Contract Documents. - 17- FPID(S): 425556- 1 -58 -01 Packet Page -660- 5/24/2011 Item 16.A.11. 344 -3.9.3 Category 3: The Agency will randomly select a sample from each 200 yd3 or one day's production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Agency at 28 days to ensure that the design compressive strength has been met. The Agency may, at its discretion, test additional concrete samples to ensure compliance with the specifications. 344.3.10 Records: Maintain the following records for review for at least 3 years after final acceptance of the project: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices. 5. For Non Structural LAP concrete the Agency will accept recent NRMCA. VMMB or FDOT inspection records.certifying the plant or truck can produce concrete. In addition, documentation will be available at the plant or in the truck showing that action has been taken to correct deficiencies noted during the inspections. 344 -4 Acceptance of the Work. 344 -4.1 Category i Work: Category I work will be accepted based upon compliance with Production, Mixing and Delivery Requirements specified in 334 -3. 344 -4.2 Category 2 Work: Precast elements will be accepted based upon certification from the Contractor that the elements were produced by a production facility on the FDOT's current approved plant list. In addition, the producers QC stamp will be displayed on the element. 344 -4.3 Category 3 Work: Category 3 work sball be in full compliance with this Specification, and with current FDOT Specifications, Section 346 and associated Contractor Quality Control (QC) specifications governing cast -in -place concrete. In addition, a Delivery Ticket as described in 344 -3.5 will be required for acceptance of the material at the project site. 344-5 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 344 -6 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section. - 18- rPID(S): 425556- 1 -58 -01 Packet Page -661- 5/24/2011 Item 16.A.11. THIS COMPLETES THIS SPECIFICATIONS PACKAGE FPTD(S): 425556- 1 -58 -01 Packet Page -662- 5/24/2011 Item 16.A.11. EXHIBIT PERMITS C Packet Page -663- 5/24/2011 Item 16.A.11. EXHIBIT L STANDARD DETAILS'. C Packet Page -664- 5/24/2011 Item 16.A.11. 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