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Agenda 05/24/2011 Item #16A125/24/2011 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to award Bid #11 -5679 "Intersection of Lake Trafford Road at S. R. 29" for construction of intersection improvements on Lake Trafford Road and S. R 29 to Gulf Paving Company, Inc., in the amount of $982,923.32 (Project #33124), with $750,000.00 to be reimbursed by FDOT under LAP Agreement. OBJECTIVE: To provide for construction of intersection improvements on Lake Trafford Road and S. R. 29. CONSIDERATION: On March 31, 2011, the Purchasing Department sent 1253 notices to vendors for Bid #11 -5679 for the construction of intersection improvements at Lake Trafford Road and S.R. 29. This project includes northbound and southbound right turn lanes on S. R. 29 and eastbound right and left turn lane improvements on Lake Trafford Road in Immokalee. On April 13, 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 May 2, 2011, four bids were received and opened. One bid was 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 Gulf Paving Company, Inc., was the lowest, qualified and responsive bidder. The bid total was $982,923.32. FDOT has reviewed the bid tab and has provided concurrency with staff's selection. The qualified and responsive bid results were as follows: Contractor Total Bid Amount Gulf Paving Company, Inc $982,923.32 Better Roads, Inc. $1,002,667.18 Ajax Paving Industries, Inc. $1,325,814.91 FISCAL IMPACT: Funds in the amount of $750,000.00 are available in the Transportation Grant Fund (711), Project #33124. This project is part of a Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement, FM 427936 -1 for construction. The LAP Agreement stipulates that up to $750,000.00 will be reimbursed by the FDOT. A budget amendment in the amount of $232,923.32 will be necessary to fund the balance of the project into Transportation Grant Match Fund (712), Project #33124. This money is available in the Transportation Supported Gas Tax Fund (313), Project #60016. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. 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. Packet Page -678- 5/24/2011 Item 16.A.12. RECOMMENDATION: 1) That the Board award Bid # 11 -5679 "Intersection of Lake Trafford Road and S. R. 29" to Gulf Paving Company, Inc. in the amount of $982,923.32 and authorize the Chairman to execute the attached contract after review by the County Attorney's Office. 2) Approve the necessary budget amendments. Prepared by: Julio F. Ordonez, P.E., Principal Project Manager, TE Attachment: Bid Tabulation #11 -5679; Proposed Contract Packet Page -679- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. 5/24/2011 Item 16.A.12. Item Summary: Recommendation to award Bid #11 -5679 "Intersection of Lake Trafford Road at S. R. 29" for construction of intersection improvements on Lake Trafford Road and S. R. 29 to Gulf Paving Company, Inc., in the amount of $982,923.32 (Project #33124). Meeting Date: 5/24/2011 Prepared By Name: LynchDiane Title: Administrative Assistant 5/11/20112:37:00 PM Submitted by Title: Project Manager, Senior,Transportation Engineering Name: Daniel Hall 5/11/20112:37:02 PM Approved By Name: NauthRookmin Title: Management /Budget Analyst,Transportation Administr Date: 5/11/20113:10:26 PM Name: CalvertEugene Title: Project Manager, Principal,Transportation Engineering & Construction Management Date: 5/11/20113:30:16 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & Construction Management Date: 5/11/20113:30:30 PM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 5/12/20117:48:14 AM Packet Page -680- Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 5/12/20117:53:19 AM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 5/12/20119:09:26 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/12/20114:25:03 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/13/20118:20:41 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 5/13/2011 1:50:29 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/16/2011 10:44:06 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 5/16/2011 10:57:31 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/16/2011 1:07:50 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/18/20118:33:37 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/18/20119:30:04 AM Name: OchsLeo Title: County Manager Date: 5/18/20119:41:21 AM Packet Page -681- 5/24/2011 Item 16.A.12. 5/24/2011 Item 16.A.12. B �fly �+ fi .► R1� Intersection Improvements Lake Trafford Road and SR 29 COLLIER COUNTY BID NO. 11.5679 COLLIER COUNTY, FLORIDA LAP Funded Design Professional: Wilson Miller /Stantec Brenda Brilharly Procurement Strategist Collier County Purchasing (239) 252 -8446 BrendaBrilharlfcoNlergov.net %-t eft DMartrnst• 3327 Tentani Trail East • Maples, Florida 341124907 • www.wWrgov.nNlpmchmV Packet Page -682- 5/24/2011 Item 16.A.12. Email: BrendaBdlhart @colliergov.net Telephone: (239) 252 -8446 44 11e Setnoes €)iiliaiican FAX: (239) 252 -6697 �k>. ADDENDUM 1 Memorandum Date: April 19, 2011 From: Brenda Brilhart, Purchasing Agent To: Interested Bidders Subject: Addendum # 1: 11 -5679 Intersection Improvements Lake Trafford Road and SR 29 The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CLARIFICATION: Awarded contractor and/or subcontractor must be prequalified in the following FDOT Work Classes: Major. Grading, Drainage, Flexible Paving, Hot Plant -mix Bituminous — Specialty: Traffic Signals, Pavement Marking and Roadway Signing The Special Provisions contained in the Specifications Package represent in their entirety the applicable General Requirements & Covenants (Division I Specifications) of the 2010 FDOT Standard Specifications for this project. All of the Construction Details and Materials divisions (Division II & 111) are in effect as revised/amended in the Specifications Package. ADD: • Revised Bid Schedule • SFWMD Environmental Resource Permit • Updated Utility Work Schedule (Century Link) • Revised Plan Sheets reflecting updated bid item quantities, underground utility dispositions, and other miscellaneous items (replace originals with attached Revision 1 sheets dated 4-18 -2011. CHANGE: Page GC -PN -2 — The Successful Bidder shall be required to finally complete all Work within one hundred and —€ y (160) and eighty (180) calendar days from and after the Commencement Date specked in the Notice to Proceed. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Julio Ordonez, Project Manager Eric: Bid Schedule Permiis/UWS Updated Plan Sheets Sign In Sheets Pre Bid Meeting 4/13111 1 Packet Page -683- s 0 o = Q 0 N Of h V c R V R O O C �D y Y R J `m C L d E L CL _E O m G N 0 CL CL 5/24/2011 Item 16.A.12. V} N V} 1 —1 V} V} V1 V} in Vf V! V). 1 V? VF A^ V} 1 Vl 1 4^ I V1 1 4^ 1 k 1 Vj- I VF I 1h I V> I N ri N N %D O O %0 O Cn H O -4 v: �-4 to M ri ri M In O O O N Q1 w N N ri N M N w M v rti N N M M N eti N N N N O0 M r•I M M H n ri C -W rl 00 N n M In td In -4 O C -T n M ri n CM r N w N M J J U 2 w W W J W LL7 Q Q U U U to l0 t- U1 V! 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ENVIRONMENTAL RES.Oi1R,CE PERMIT CHAPTER40E -4 (10/95) 40E -4.321 Duration of permits issued under this chapter reydmd or is se modified the duration of an environmental resourpe PetmIt Ater or Chapter 40E -40, F.A.C. is as foibws: oondition(a) the For a cenDg)bual approval, two years from the date of issuance or the date feed as a. lrntk unless within that period an application for an Individual or standard Is fled iportion of the Prefect If an application for an environmental resource permit a �[t the approval rwmalns varrd until final action Is taken on the envlromrmtal recount: perren application If the uance tf t e gr - L — carx�ptual approval Is vard for an addithonai two Mars. from the date of Fssnranoe of the pe m ConoePW a� l ich have no individual or standard' ervtmnental resouce perinit applications filed for a period of two years shalt expire autrXnatically en end of the two year period, rcatlo(nb for deu a oaf apExtivat filed oonnn�tiy with a development of regional �ct For appr eiopmer t approval (APIA) and. a bcal govenTnent oornPretnenslve plan amendrnen ddr�ti�t�of the ooncepbjal approval shag be two years from wNd*ver one of the following ooaM at the (1) the effedk ddbe of the jai governments comprehensive plan amendment; (2) the effective date of the local goverryrrent development order. (3) the date on which the District "issues the conceptual approval, or .(4) the latest date of the resolution of any Chapter 120.57, FAC., administrative proceeding or other legal appeals. (c) For an tndrviduai or standard general environmental resource permit, five years tram the date of Issuance: or such amount of time as made a corK idon of the permit (d) . For a noticed general permit Issued pursuant to Chapter 40- E-400, FAC, five years from the date the notice of Intent ttO use the Petrnt Is provided to the District (2)(a) Unless Prescribed by special pexmtt condition, permits expire automatically arming to the t:imeframes indicated In this rule. If application for o tertslon is made In writing pursuant to soon (3), the permit shall remain In full forte and effedt until: _.---- . - - - - -. .. _ _..tl). - -- ._._the GovernIrjl; arr1�{c�.a�on on -an application- W-.extemion of an kidividual or (2) staff tam action On an application for extension of a standard general permit (b) Installation of the project orrlfag.structwe shall not constitute a vesting of the permit the Dist i 3)The pent extension shall be lsse,red provided that a pa Tri tee files a written rat with showing good cause prior bD the expiration of the permit For the purpose of this rule, good cause shall mean a set of edet-tuating cinmmstanoes outside of the control of the permittee. Request'; for extensions, which shall include docurmentation of the a to wting c.�anmstamn and hour, they have delayed itnis prp)WW wffi not. be accepted more than 180 days prior to the explratkm date. (4) Substantial rnodifrcatiorts to Coniaeptlral Approvals wig a lend the duration of the Concep ual Approval for two years from the date of Issuance of file mocgfimftL For the purposes of this section, the term? `substantial modification' shalt mean a modificatbn which Is reasonably eel to lead to sutntantially different water resource or mental impacts which require a detallW review. (5) Substantial modifii afts to individual or standard general enviromnerntal resource pemmits issued Pcrsuant to a permit BW'cation extend the duration-of tine permit for three years from the date of Issuance of the modification. Individual or standard * environmental resource permit modifiications do not extend the duration of a oonompbual approval. (6) Permit. modifications Issued pursuant to subsection 40E4.331(2Xb), FAC. (letter modifications) do not extend the duration of a permit. - (7) Failure to complete conshmajon or alteration of the surface wager management sWtem and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to condntn oonstru tbn unless a permit ex enslon is granted. spedfic authority 373.044, 373.113 F.S. law. Implemented 373.413, 373.416, 373.4190 373.426 F.S. ►asp --NeW 9.3- 61, Amended 1- 31-82, U- 1-62, Formedy 16K,4.07(4), Amended 7-1.86, 4[20194, 10-3-95 Packet Page -689- 5/24/2011 Item 16.A.12. SOUTH FLORIDA WATER MANAGEMENT DISTRICT FORT MYEKS SERVICE CEi4TER 2301 McGregor Boulevard, Fort Myers, FL 33901 (94I) 338 -2929 • Ft WATS 1-BI0 296 -1201 - Suncom.748 -2929 Fax (941) 33R -2936 • ww*.sfwmd :gov/orgfeco /ftmyersJ CON 24 - 06 Regulation Department Dear Permittee: Subject: instructions for Construction Commencement NobLIMy, Annual ConstnKt on .Status Reporting, Engineer's Certification and Surface Water Management / Ernrironmentai Resource Permit Conversion to Operation Related Submittals for Projects to Remain tinder Single Ownership Attached to this instruction sheet are several District forms, which will assist you in satisfying conditions of your permit, as well as requirements of Rule 40E -i, 40E-4, 40E40 and 40E -400, Fla. Admin. Code. Permit conditions require these forms (or their equivalent) to be completed and returned to District staff within the specified lime frames. Please be aware that these forms are provided to the permittee ONLY, as the entity responsible to satisfy permit conditions, and not his or her agent, CONSTRUCTION COMMENCEMENT NOTICE for Environmental Resource. / Surface Water Management Permit "foam no. 0960) - Submit this form,. or its equivalent, within 30 days of permit issuance to inform the District of your actuai or anlicipated construction start date and the expected completion date_ If the anticipated construction commencement and completion date is not evident at this time, please so notify staff In writing and later Submit this data once the construction commencement date is known. ANNUAL STATUS REPORT FOR SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION for Environmental Resource I Surface ihlater Management Permit %form no. 0961) if construction is anticipated to exceed one (1). year, a yearly report on tt.e construction status this form or its equivalent) must be submitted. to District staff beginning one (1) year after the initial ccmmencernent of constuucfion. CONSTRUCTION COMPLETION / CONSTRUCTION CERTIFICATION for Environmental Resource J Surface Water Management Permit foim�no. Q881 Y.3efare the -- become' -.. �J ( ) - oF+eration phase�of your permit car e�ff'ediwe: and " within 30 days aver completion of the surface water management system, you are required by sections 373.117 and 373.419. Fla. Stat (as well as the above cited rules) to have a Florida registered professional engineer certify I.un form ne. 0881 or its equivalent) all the surface water management system fadiities have been constructed in substantial =nforrmance with the plans and specifications approved by the District, Use of this specific certifrr_ation fomr) is not mandatory; however, any other, certification format you* engineer elects to use must address, as a minimum, all components of the surface water management system. A PERMIT CONDITION SATiSFACTfON STATEMENT (in p4ace of form no. 0920) .. The engineer's cerfific-Aion sijbrnittal should also include a statement of satisfaction of all permit conditions. District staff will notify you of acceptance of your engineer's certification arid the permit =nversion to the operation, please. The District is committed to ensuring that all regulatory obligations of this permit are expeditiously adhered to and that any compliance requirements are satisfactorily completed in a timely manner. if you have any questions or need assistance, please contact the District regulatory staff at West Palen Beach Headquarters (561) 686 -$800, Broward Service Center (954) 731 -3200, Fort Myers Service Center (941) 338 -2929, Martin / St. Lucie Service Center (561) 223 -2600, Naples Area Office (941) 597 -1505, Okeechobee Service Center (941) 462 - 5260, or Orlando Service Center (407) $58 -6180. (Rev. 2/99) Attachments GOVERNM BOAMD ExEcuuyE OFricE SERVICE CENTEa Michael Colrins Crrainann Vera M. Carter Nicolas J. Gutierrez, Jr. Frank R. FincK P.E., E.urative Director Chip Merriam, Dinr1ar hrichaet D. 4rirtton, Vin' 4'h:nrmur. Gerardo B. Fernandez Harkley R. Thornton James E. Blount OiiefofStajf Mitchell IV". Berger Patrick 1. 'Gleason Trudi K. WiWanxs DrST UCT HEiCQt74A.7-ERy: 33PI Cur.. ChA- Road, PA. Box 246RO. West Palm Beach, FL 3.1164680 • (361) 68643NO FL WA751- SM-432 -2045 Packet Page -690- 5/24/2011 Item 16.A.12. SQL ELORIPA WATER MANAGEMEW DISTRICT Environmental ResourcelSur ace Water Management ,� g meat Permrt Annual Status Report for . Surface. Water Management System Construction FORM Owl ONgatred whmever casstruedon dnragaa exceeds one (1) year) 06!95 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Fort Myers Service Center 2301 Mc- Gm-gar Boaevard Fort Myers, FL 33901 PERMIT NO. APPLICATION NO. PROTECT NAME: PHASE: Control Structure(sl Yield Comoletion Date 'of Anticipated Date of Completion Corngletion Benchmark Description (one per major control structure): SWM Facilities % of Completion jute of Anticipated Date of Lake(s) Completion Completion Ditch(es)/Swale(s) Exfilu. Trench Dry Area(s) Berm(s) Print Name Permittee's or Authorized Agent's Signature Phone Date Title and Company Packet Page -691- page 1 Item 16.A.12. m SQ= -BLORMA- WATER MANAGEMENT D Environmental Resource/Surface Water Management Permit Construction Commencement Notice FORM 0960 08/95 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2301 McGregor Blvd. Ft. Myers, FL 33901 PROJECT NAME: PHASE: I hereby notify the South Florida Water Management District Field Engineering Division that construction of the surface- water management system, authorized by Environmental Resource/Surface Water Management Permit No. under Application No. has commenced /is expected to commence on 199 and will require a duration of approximately months /weeks /days to complete. Should the construction term extend beyond one year, I will submit Form No. .. ........... . .. ....... - -- 0961, Enviromnental Resource/Surface Water Management Permit Annual Status Report for Surface Water Management System Construction, to the District. PLEASE NOTE: IT the actual construcdon w r - date is not known, District staff should be so notified in writing. This wffl eliminate the necessiity of further post perrmt compliance action conc&mirig satisfaction of the Permit condition. Permittee's or Authorized Title and Company Agent's Signature Phone Date Packet Page -692- page I of 2 5/24/2011 Item 16.A.12. �E South Florida Water Management District SURFACE WATER MANAGEMENT PERMIT SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION COMPLETION CERTIFICATION — FOR PROJECTS PERMITTED PRIOR TO OCTOBER 3, 1995. FORM 088113 49/2003. ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION PERMIT NO. APPLICATION NO(s). PROJECT NAME: PHASE:: The subject surface water management system has been constructed and completed as follows (check all that apply): DISCHARGE STRUCTURE(S) Please provide the requested information for all permitted discharge structures. Attach additional sheets if needed. Structure Identification Number ❑ Weirs width crest ❑ Bleeder type dimensions invert ❑ Addibonaidischarge structure information attached. RETENTIONIDETENTION AREA(S): Please provide the requested information for all permitted retention /detention areas. Attach additional sheets if needed. Retention /Detention Area Identification Number Size (acres) El Additional retention /detention area information attached. Side Slope (h:v) ❑ The surface water management system is currently functioning as intended by the permit, including level of water quality treatment, level of flood protection, and storm attenuation. ❑ All wet retention /detention area side slopes have been adequately maintained and stabilized to support the operation of the surface water -management system. ❑ - - EXFILTRATION TRENCH The downstream mechanism-(weir) designed to-retairrwaterin!he­vxfiftmWn-trenchis installed at the permitted elevation, in substantial conformance with the permit Also., attached is a certified drawing with the current dimensions, including length and crest elevation, of the permitted weir. ❑ CONVEYANCE SYSTEM ONLY - The components of the permitted surface water management consist of inlets, pipes or other form of conveyance system. Confirmation of ditches, canals, and /or swales is provided on the attached cross- sections. Please indicate the location of the appropriate benchmark(s) used to determine the above information on the record drawings (40E- 4.381(1)(f), F.A.C.). All elevations should be according to National Geodetic Vertical Datum (NGVD). I HEREBY NOTIFY THE DISTRICT OF THE COMPLETION OF CONSTRUCTION OF ALL THE COMPONENTS OF THE SURFACE WATER MANAGEMENT FACILITIES FOR THE ABOVE REFERENCED PROJECT AND CERTIFY THAT THEY HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS PERMITTED BY THE DISTRICT, WITH EXCEPTIONS AS NOTED ABOVE. [A COPY OF THE APPROVED PERMIT DRAWINGS IS ATTACHED WITH DEVIATIONS NOTED, IF APPLICABLE.] Engineer's Signature, Seal and Date :. Please Print or Type: Engineer's Name Company Name Address .Authorization No. of Engineering Business (i€ applicable) Telephone Number E-mail Packet Page -693- 5/24/2011 Item 16.A.12. Me 14-19 ITATE OF R0M[ A DEP#j"W 1i OFTRAN3PORrATM 71Q-0K0 05 UTILITY WORK SCHEDULE LMLMES 1= w4erda "1 Financial Project 10: 427936 -1-5841 Federal Project ID: NIA County: CollierPrm 9 33124 State Road No,: 2g District Document No: 1 Utiilty.AgenWOwner (UA O): CsnturyUrdc. A. Summary, of Utltity Work And Execution Estimated Time (calendar days) Total Time Prior To FDOT Project Construction 4 Total Time During FDOT Project Construction 52 This document has been developed as the method for a UdIlly AgencytOwner (UAO) to transmit to the: Florida Department of, Transportation (FDO'n the FDOT's Contractor, and other right= of-way users, the tocation, relocation, adjustment, installation, and/or protection of their facilities, on this FDOT project: The following data. is based on FDOT preliminary construction plans: dated 12010 Any <deviation by the FDOT or its contractor from the plans, as provided, may render this work schedule null and void. Upon notificadonby FDOT of such change, this utility may require additional days for assessment and negotiation of a new work: schedule: This UAO Is not responsible for events beyond the control of the UAO that could not reasonably be anticipated by the UAO and which,could:not be avoided by the UAO with, the exercise of due diligence at the time of the occurrence. The UAO agrees to notify the Department in writing prior t starting, stopping, . resuming, or c ornpleting work.. UAO Project Representative: Deli Corbin Telephone Number. 239 - 263 -6211 UAO Field Representative: _ Perry Prescott Telephone Number. 239 -707 -3$41 This document is a printout of an FDOT form maintained in an electronic format. and all revisions thereto by the UAO :in the form of additions; deletions or substitutions are reflected only in an Appendix entitled "Changes to Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected. In the move- teamed Appendix but are far reference purposes only and do not change the terms df the. document By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form Document'. You MUST sig<* by selecting or checking which of the following applies;. ® No changes to forms document ❑ Appendix "Changes to Forrns . Document" is attached. — Number of Attachment Pages.. Authorized Utility Agent:: '"*Engineer of;Record (EOR): Acceptance by District Utilities: (signature) (Signature) (Sig) Deb Corbin Wayne P. Hartt, P.E. Walter L: Childs (Printed Name) (Printed Name) (Prlr4ed Nam&) Ou turyi-ink Engineer FOR District Utility.Admtnisbator (Title) (Title) ('flue) (Date) (Date) (Date) ("When requested by the District, the FOR will attest to compatibility of plans, specifications.and utility Work Schedule) Packet Page -695- ƒ� .w $& O \� . � §2 *� $� � 5/24/2011 Item 16.A.12. Packet Page -696- $ « � �z B � § . � k m . o .iz 2 2 � CL 2 j 0 k . # � 2 N . . � � k � � s . ■ � :3 . e 3: E $ r c / Packet Page -696- a 2 s �J go o L1 a0 o (= 5/24/2011 Item 16.A.12. Packet Page -697- ��Q O Hs o e0 o O N O 2 O O E� t1 tY p_� °n d 6. m iu z Cc d Z. 3 z $ '' Z Z IL O Q a c off.. C a ._ 0 a M z m Q .M p CL m .Z 0 a od a v 0 0' Ul U a �b -j_ O C a 3 c 1p G $ W W ~ D C > O c �E �sEE; T .i2 c 1Q �°0 'a IL a 0 a C c' x G 3 < CA F . 9 U3 O u W H O Boa W c m was J ��°r° o nF C4 a m vow 4 m.d'o� p r .- .� aA LL.l 'o 10 -r.,� Cr, p N ` a o v O 1 @ $ g p aY m 0<so m O � o t m. + c � z n G G. gyp, m :if 1" of — N. 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I e� 0 II • -I I Packet Page -709- l �I I ,ICI 4J I:I I .I •f:!'� I ,1 Ij; it ;�i.ill� I I ,r l-ll 17 Ili` II I I `I it II!I I! ►,o f��ji;l I, " sill 5 1.1! la;i 1 II= �� I �I 11Ii ll ' I VIII I I J ; ii ii ii < III �! II f li !I I,._I.. I'll• ,j I Illi! i I~'I+i -- � 3i I j J II 111 I�I;I 1'y�i ti- : �G, lllf 13i l IE ,I I I� '• 'I jl'N Packet Page -710- 5/24/2011 Item 16.A.12. Ei .I !lit I ► 1 Illllj { I, I 1 ' l l`I A l i o a f I fI`III� �1 I � lily 1 I';,I �d H L — p N Z e 6 9 ( sti V zu i Ow 1 I i� l , : 11 j f d ill � I�IrK I f 5/24/2011 Item 16.A.12. 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 Wilson Miller /Stantec and identified as follows: Intersection Improvements Lake Trafford Road and SR 29 as shown on Plan Sheets 1 through 104. EXHIBIT N: Contractor's List of Key Personnel Packet Page -711- 5/24/2011 Item 16.A.12. PUBLIC NOTICE INVITATION TO BID Intersection Improvements Lake Trafford Road and SR 29 COUNTY BID NO. 11 -5679 Separate sealed bids for the construction of Intersection Improvements Lake Trafford Road and SR 29, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 2nd day of May 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 10:00 a.m. LOCAL TIME on the 13th 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, Intersection Improvements Lake Trafford Road and SR 29, Bid No. 11 -5679 and Bid Date of May 2, 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 and (GC -P -1 through 13) 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.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or 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 Packet Page -712- 5/24/2011 Item 16.A.12. State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attomey. 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 to finally complete all Work within one hundred and fifty (150) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 31st day of March 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Camell, C.P.M. Purchasing and General Services Director Packet Page -713- 5/24/2011 Item 16.A.12. 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 furnished 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 Trail E. Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Packet Page -714- 5/24/2011 Item 16.A.12. 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 altemates, 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. Right 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. . Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a -- general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. Packet Page -715- 5/24/2011 Item 16.A.12. 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 specked 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 fumished 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. 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; Packet Page -716- 5/24/2011 Item 16.A.12. 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 Reguirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 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. Packet Page -717- 5/24/2011 Item 16.A.12. 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 (FI Stat 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 acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection Packet Page -718- 5/24/2011 Item 16.A.12. fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permitfte 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. 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 III, 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. Packet Page -719- 5/24/2011 Item 16.A.12. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either Individually or collectively about a 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 -720- i 5/24/2011 Item 16.A.12. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Intersection Improvements Lake Trafford Road and SR 29 BID NO. 11-6679 Full Name of Bidder Gulf Paving Company, Inc. Main Business Address 346C Metro Parkway, Fort Myers, Fl 3 -4926 Place of Business 3460 Metro Parkway, Fort Myere. Fl 33916 Telephone No. 239 -334 -3652 Fax No. 23a-333-C940 State Contractor's License # GCGA20731 State of Florida Certificate of Authority Document Number Federal Tax Identification Number 59- 1752626 281702 CIB 11-5679 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, fumish 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. GC -P -1 Packet Page -721- S W 0 Q a, n Lo m f- d C 0 u a 5/24/2011 Item 16.A.12. N � 00 00 O O 00 O Ol N O O O l7f LD O t17 N h d N d � Ln M 1\ Ln O O d 00 N LD Ln to W OD rt 00 N O rt 01 Lfj 41 n O d M Ch ''. Ln N N W M d a-1 O N d Ln O w M M 00 M N M N C1 Ln O w a-L p 00 6 N h pppp M L-I N M O M m Ln w M Ln M h LD w M C LD rl M M M h M tf1 .� �' M M OD h e•L M M '�f M 1l1 h 01 � LO O O� N tn M h M p�ppp i! d _q -1 rt �-L eM-1 00 h LD � VF VI• A/s.1 in. VF 4n V4 V! 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LO I, Co M O r-1 N M v {A ID h 00 W W W M M M 01 M M M O1 1M 01 5/24/2011 Item 16.A.12. Packet Page -725- 0 o n 8 n 8 ui 11-1 M Q !O O 11 O m rri m" N ID a-+ v1 O n N 8 n N n N 117 M IA M M N o m Co is T N N J J J a d W W O M Z Z o 7C a. m w O a z z U) 0 w — U LL c� LU W Co °D cc Co z m0 w Q O ¢ a y v v — Co LU Z J U W F_ v -s it J Cr M 0 J z V CO ¢ J w J U U U M a w O J J U Q Q Q 0 N Co Cr) N r N ti q r U O N iu] 6 m Co m CD CCD (rD Packet Page -725- a 0 a Cn n co C N d C O M CL G. o� N C h .O C �0 'a m O V L 0 R 9 c E 0 L CL E C O N L GI C C 5/24/2011 Item 16.A.12. Packet Page -726- 5/24/2011 Item 16.A.12. 17B 11 -5679 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. 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 fumish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Calf Paving Company, Inc. Signature: Date: = ;2t2011 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. Company: Gulf Saving company, Irc. Signature: __I� GC-P -3 Packet Page -727- Date: 5/2/2011 5/24/2011 Item 16.A.12. JTB 11-5679 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 Subcontractor and Address 1. 6c31 Mainline Parkway Striping & Signage 2. Signals & Electric 3. Vil ling 4. .57. Company: Lslf Signature: Roadsae Traffic Systems =ert revrs, Florida 33:12 3750 En:ezprise Avenue 63c0 E8 Sirmton:!e Nanlec, Florida 34104 -3654 1540 Berk. ^.stark .Ave Pavemerc Mainc-enarce, Inc- Port tmrers, FL 33905 irc. GC -P-4 Packet Page -728- Date: b/2 /2011 5/24/2011 Item 16.A.12. 1TB 11 -5679 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. See Attached "Completed P:ejecc List" 2. 3. 4 5. A Dated = ;2;20_, Gulf Paving OxVany, Inc Bidder BY, GC -P -5 Packet Page -729- 5/24/2011 Item 16.A.12. COMPLETED PROJECTS GULF PAVING NAME OF PROJECT CONTRACTING COMPANY CONTACT NAME AND # ARCH. CONTRACT JAMOUNT COMP. DATE BONDED Y/N Human Services Sidewalk Lee County Michael Tisch 239.533.8110 Lee County $387,000 2010 Yes ISLAND COAST H.S. KRAFT CONST. CHAD GOINS 643 -6000 SONG & ASSOC. $1,285,215 2008 NO ROCKFILL INDUST. PARK SOUTHSiDE GARDEN ASSOC. CHARLES MAYHUGH 278 -4845 BANKS ENG. $1,065,448 2008 NO CANTERBURY SCHOOL O.A.K. KEN GENTRY 561 -4141 BARANY SCHMITT SUMMERS & WEAVOR $1,118,166 2007 NO PALAZZO DEL SOL THROGMARTIN CO. KERRY BANKS ENG. $2,808,071 2007 NO REMINGTON OAKS RYLAND GROUP GEORGE SCOTT GRADY MINOR $2,206,542 2007 NO IDA BAKER ATHLETIC FIELD SCHOOL DISTRICT OF LEE COUNTY SCOTT RICKENBOCKE R DAVID DOUGLAS & ASSOC. $1,836,992 2006 YES SOUTHWEST REGIONAL SKANSKA TRACY HUNT MORR& DEPHEIAf $5,350,000 2009 YES Packet Page -730- 1. 2. 3. 4. 5. 5/24/2011 Item 16.A.12. IiB 11 -5679 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96; Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F.SY) Slope To eooss LF 850 $1.25 1.062.50 TOTAL Failure to complete the above may result in the Bid being declared non- responsive. Dated %2031 -julf Paling Company, Inc. idder BY: GC-P-6 Packet Page -731- 5/24/2011 Item 16.A.12. [TB 11 -5679 S Co 7�-r oKn. tY Immigration Law Affidavit Certlficatton Solicitation # and Title: Intersection improvements Lake Trafford Road and SR 29 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 I 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'slbidder's proposal. Acceptable evidence consists of a copy of the properly completed E= Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to Include this Affidavit and acceptable evidence of enrollment In the E -VerIN Pryor-am, 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.G. Section, 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 19$8 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verity 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 1 Bidder's proposal Company Name Gulf Paving company, Inc. Print Name iM Lause Signature State of County of Title Presiders Date = /21202-1 The foregoing instrument was signed and acknowledged before me this day of 20_U, by �rky" �—CXAASe— who has produced as identification. (Print or TyQe Name) ( pe of Identificlation and Number) Signature %r- �- .�—Q l Notary Commission ETHYLENE L WTHOFF Notary Public - State al Bride •r My Comm. Expires Oct 18, 2014 ,r Cmlimission # E£ 14875 ,nay° Bolded Udaugh Hitional Notary Assn. The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the troth and accuracy of this affidavit to interrogatories hereinafter made. GC -P -7 Packet Page -732- 5/24/2011 Item 16.A.12. ITB 11 -5679 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 ail work covered by this Bid within one hundred and fifty (150) 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 Plo:ida County of Collie: 4 't wt L„a"te , 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. L mdar _, 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 Gulf Paving company, Inc , and the full names of its officers are as follows: GC-P -8 Packet Page -733- 5/24/2011 Item 16.A.12. I -FB 11 -5674 President Tim Lause Secretary Carolyn Lause Treasurer Carolyn Lause Manager ,Michael Lause The Fresidezz is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken (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 operating under a trade name, said trade name is DATED Witness Witness legal entity BY-- Name of Bidder (Typed) Signature Title GC-P-9 Packet Page -734- and if 5/24/2011 Item 16.A.12. 1TB 11-5679 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2011, by I as of a corporation, on behalf of the corporation. He /she is personaily known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (Signature of Notary) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: GC -P -10 �_____ Packet Page -735- 5/24/2011 Item 16.A.12. 1TB 11 -5679 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we CIO Paving Cany !rP-0-Box1584,Fan Mywv'FL339MA554 (M)334 -NU (herein after called the Principal) and V*eWm Su" Cernpv7 151 S. Ri" Ave. Sio" Fefr, SO MUM 1 Wn 919.3984 i (herein called the Surety), a corporation chartered and existing under the laws of the State of sr—D*- with its principal offices in the city of SW- FAo, and authorized to do business in the State of Fwd- are held and firmly bound unto the ColwOwff*aarda Cow* CM -Aw n 3= Twd=, 'Fra I=W, Sum 3M. P4*W FL 34112 (hereinafter called the Owner), in the full and just sum of R%* P&MM of the AM" dollars ($ 5% good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as: Intersection Improvements Lake Trafford Road and SR 29 Bid No. 11 -5679 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 $ 1.148 OD 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 'n da of W" 2011 BY J , Princ p ial (Seal) Y%Awwn surot, caapwq JoSWWW. LoFWM Surety (Seal) Countersigned ✓ Tom'"''-' Joseph w. Lapmsk ACam y*- Faa a FWW8 Resident AP M Local Resident Producing Agent for Brown a Brawn or Fkdda n,. P_t1. am 15519. Tempe, FL 33884 (8+3) 226 -1322 GC -P -11 Packet Page -736- Surety COCI'1 5/24/2011 Item 16.A.12. �C1Y POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All New By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, continue and appoint Joseph W. LoPresti, Steve Ayers, Anus Lee Duncan, Mary Jane Gwyn, Mia Bush, Individually of Tampa, FL, its true and lawful Attonney(s) -In -Fact with full power and authority hereby conferred to sign, seal and cmm to for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to lire authority hereby riven, ere hereby ratified and confirmed. This Powar of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness WbereK WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 301b day of July, 2008. ry WESTERN SURETY COMPANY Pool IFBru flat, Senior Vice President State of South Dakota County of Minnehaba ss On this 30th day of July, 2008, before me personally came Paul T. Bruflak to me known, who, bang by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant io like authority, and ackntnviedges same to be the act and deed of said corporation. My commission expires f 4`ti4Mi�4ti�tiMM+M44444 } i D. KRELL � November 30, 2012 r Nt71*1W Ptlt;fl.IC • '�to8as SOUTH t7AKOTA t'S4644tiAtiKN�bti�y4ti14MVb�s + X�iA D. Krell, N Public CERTIFICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bereinabove set forth is stilt in force, and further certify that the By -Law of the corporation printed on the reverse hereof is stilt in force. Jn testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 7th day of April, 2011. WESTERN SURETY COMPANY tT !4= (Dy. * 8fiab� +t1 Form F4280-0946 L. Nelson, Assistant Secretary Packet Page -737- 5/24/2011 Item 16.A.12. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the r corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Packet Page -738- 5/24/2011 Item 16.A.12. iTB 11-5679 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 <:>Project Name *:.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 Gulf Paving Conpany, inn. Bidder Name President , _ g" - Si ature & Title Date: stzlro I GC -P -12 Packet Page -739- STATE OF FLORIDA DEPARTWNT OF TRMSPORTA'TION 5/24/2011 Item 16.A.12. NOTIFICATION TO FDOT OF EEO OFFICER ()J,'()7 Mail signed original to: FDOT Equal Opportunity Office, 605 Suwannee Street-MS 65, Tallahassee, FI 32399-0450 Section 1. COMPANY IDENTIFICATION 1. Contractor Name: 12.. FEID No.: Gulf Paying Company, Inc i 59-1052626 3. Home Office Veiling Address: (street) 4. Horn Office Malfing Address: (city, State, Zip)) 3460 Metro Park%vay Fort Myers, FI 33916 5. Main Phone Number 6. Fax Number. 239-334-3652 239-333-0940 7. What Is being 1 Initial EEO Officer Notice to FOOT 1 Now Person !UolnW lntee Changed Name I Contact Data Changed Changed? Lj Yes J% No i Lj Yes Z No 10 Yes Z No I L] Yes Z No Section 2: EEO OFFICER IDENTIFICATION S. Name of EEO Officer: (first name, middle initial, last name) 9. EEO Officer's Working Title: Michael Lause Senior § i miio_ r— Officer: (Street) 11. Work Address of EEO Officer. .. (city, state, zip) . ......... 3460 Metro Parkway Fort Myers, FI 33916 112. EEO Officer Phone Number: 13. EEO Officar Fax Number 239-334-3652 239-333-0940 14. EEO Officer emati address: . ........... .. michael@gulfpaving.com 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 ali 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 found in the EEO Construction Contract Compliance Workbook. 15. Appointing Official's Sign4ure: -ii. Date: fmomaylyr. I 51212011 17. 2tiiitl', Manic 16. 10-l's rift (printed) Timlause President (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by: (First and Last Name) 20. 5a; Processad: 5molday.ry r) DISTRIBUTION: Original to FDOT Contra] EO Office Files-, Copy: Wifed lo Contra= UPDATE ACTON: 1r,22t In EOR System Packet Page -740- 5/24/2011 Item 16.A.12. ctrcr State of Florida Department of Transportation EEO Officer Notification This fonn is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO Construction Contract Compliance Workbook and the FDOT contract for compliance program requirements and instructions. The contractor mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street -MS 65 Tallahassee, F132399 -0450 A copy of the form is returned to the contractor upon completion of processing by FDOT General: Complete all boxes each time this form is submitted Section 1: Prolect Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEID No. — The contractor's Federal Identification Number Box 3 - Home Office Mailing Address (Street) — The contractor's home Office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) — The contractor's home office city, state and zip code; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. — Area code and phone number contractor's main business phone Box 6 Fax Number No. —Area code and phone number contractor's main fax Box 7 What is Being Changed? — Mark 'Yes' or 'No" to indicate if this is the company's initial submission of EEO Officer information, If a new person has been appointed as EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer — First name, middle initial and last name of EEO Officer Box 8 EEO Officer's Working Title — Job title if the EEO Officer has other duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) — Address of EEO Officer's office Box 1'I Work Address of EEO Officer (City, State, Zip) — Address of EEO Officer's office Box 12 EEO Officer Phone Number — Area code and phone number for EEO Officer Box 13 EEO Officer Fax Dumber — Area code and fax number for EEO Officer Box 14 EEO Officer email address — EEO Officer Email address Section 3: Signature of Corporate Official Box 15 Appointing Official's Signature — Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo /Day/Year) — Date appointing official signs this Notification form Box 17 Official's Name (printed) — Printed first name and last name of person signing Box 15 Box 18 Official's Title (printed) — Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processina of Notification This section is completed by FDOT Box 18 Processed by — First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed Packet Page -741- STATE OF FLORIDA DEPARTMENT MMUNVOWATM NOTIFICATION TO FbOT OF EEO OFFICER 5/24/2011 Item 16.A.12. 213-mi-13 Eaukoppmuu" Mail signed original to: FDOT Equal-Opportunity. Office, , 605, Suwannee Street -MS 65, Tallahassee, FI 32399-0450. Section I.- COMPANY IDENTIFICATION 1. Caitiacb� Maine. 2- F80 No- Guff Pa*V Company, Inc. 59-1052626 I Home Offim Nalliq Address: (street 4.. Hang OMC6 9"1 Ad&v= (dlyv SW Zip)) .3460 Metro Parkway Fort Myers, FL. 33916 .5. " Phokftmben 6. Fax Numbon 239-334a52 j239,333-0940 7. 09 4 bAV cie:ai I MW EEO Officei Noft W FDOT New Parson Pambilied I Aporhe 9_wvag Name CNftd Data Chnned I E3 Yes El No. I LJY*s Ll No _. [ 0 Yes No I Lj Yes L] No. Section 2: 8150 OFFICER IDENTIFICATION & Rw* o(EEO Ofter. 199 ratite; mWdle InKW, W mend) 9. EEO Offlimijes Warldna M., Office Manager i6hrl Michael L-14M. -W-%4V--kAd.-, Of EEO Officer (Skmet) 11. Work AddrasisoF-E—EO-Woii;-IC41—stnwl*jp) 3460 Metro, Parkw* Myers, FL. 33916 —Fort IL EEO Officeir Phone Hurnbeir 13. EEO Of Fax Number. 239-333-W40 114. EEO OfflowernAil address: Michael@gulfpavirig-com Section SIGNATURE OF CORPORATE OFFICIAL AS required in the Equal Employment Opportwifty Special Provisions iric - luded in Federally Funded Highway Construction Contracts and as retiuirbd in the Equal Employment Oppofth4 Requirements included in all State funded highway construction contracts, this official notice of It-E0 Officer appointment (and/or Update) is made to the Florida Department of Transportation and the U.S. Fe0dral Highway Administration (FHWA). I understand that additional Informallob regarding th6 EEO gffic er, the he EF-0 Policy and other aspects of the construction contract complianbe program may be f in EEO Construction Contract Compliance Workbook. % INN: PWMyNr) 302010 v. qrwil! s Neffm 0") 71L ofliciars ram odn") Tim LaUSe President. (This Section F0r FDOT Use) Section 4: Processing of Notification 19. Proommsud (Figand Na r) 1 20. Da P=essed: ftn"" A '��flw U I t-0k*ff'ofD0T-Q2" RAM Dismarrim EO OW19W. Copy: Mailed t Cowsocim UPDATE ACTION:. . . .!mg1nE0R8v*m ADFADADW11111INI OF TRANSIUM EQK AP =n- , 1= td*AJVR0VED:. ",acket Page -742- D 5/24/2011 Item 16.A.12. PAGE 10F 8 Gulf Paving Cot�anv, Inc. hereafter referred to as `the Company' or `this Company' ado' red this policy and plain Date, 3/3/2010 B3'� Tim Lause, President EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION EEO /AA POLICY AND PLAN EEOIAA POLICY STATEMENT It is the policy of this Company to comply and caoperate3 to the fullest extent with all applicable regulations of the Equal Employment Opportunity Provisions of the Civil Rights Act of 1964, Executive Order 11248, the Rehabilitation Act of 1973 (29 U.S.C. 793), the Americans with Disabilities Act (Al7A) of June 26, 1990 and the Vietnarn Era Veterans Readjustment Assistance Act of 1972, all as amended. This policy pertains, as far as the responsibility of this Company is cor"med, to any arrangement under which employees, l including trainees, are seiec wd for work. ' It is the policy of this Company not to discriminate against any employee or applicant for employment bemuse of race, religion, color, ago, seat, and national origin, disabilities or Vietnarh 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 voithout regard to their rage, religion; color, age, sex, national origin, disobilffles, of Vietnam Era and Special Disabled Veteran's 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. EEO OFFICER DUTIES It is the poliicy of this Company to continuously maintain the appointment of an Equal Employmerit Opportunity Officer (EEO Officer). The name and pontact information for the EEO Officer wig be WrrifT unieated along with this policy. The EEO Officer has responsibility for effectively administering and promoting an active program of equal employment opportunit. The EEO Officer will coordinate the EEO efforts of superintendents, supervisors, foremen and others in the position of hiring personnel. Packet Page -743- ._ ..... 5/24/2011 Item 16.A.12. EMM PWCY & PlAltit PAGE ? of 6 This Company's EEO Officer has the responsibility for effectively administering and promoting an active program of equal employment opportunity within fhe Company. 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 carved out. EEQIAA PLAN It is the policy of this Company that them 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, up- grading, 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 oompens:tion, selection for training including apprenticeship, layoff or, termination, or treatment during employment. The Company has affirmative action obliigaiions 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. This Company shall take specific affirmative actions to ensure equal opportunity. Our cornpilance 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. This Company will implement specific affirmative action steps, at least as extensive as the following actions to ensure equal employment opportunity: t. Ensure and maintain a working environment free of harassment; intimidation, and coercion at All times and in all fabilities at which our, employees are assigned to work We shalt specifically ensure that all foremen, suparintandents and other on -site supervisory personnel are aware of and cant' out our obligations to maintain such a working environment. 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. 3. Maintain a current file of the names, addresses and telephone number of each minority and females off-the-street applicant or female referral from a union and minority or female referrals from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. When applicable if such individual was sent to the Union hiring hail 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. Packet Page -744- 5/24/2011 Item 16.A.12. r EMM PWCY d PLM PANE 3 OF 6 i 4. When applicable provide immediate written notification to the Director when the union or unions with which we have a collective bargaining agreement have not referred t0 us a minority person or Wdman sent by us, or when we have other information that the union referral process has impeded our efforts to meet our obligations. i 5. Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Company's employment needs, especially those programs funded or approved by the Department of Labor_ We shall provide notice of them programs to the sources compiled under "2" above. 6. Disseminate the company EEO policy notice by providing notice to the unions and training programs and requesting their cooperation in assisting us in meeting our EEO obligations; by Including it in any policy manual and collective bargaining agreement; by publicizing It in the company newspaper, annual report, etc.; by specific review of the- policy with all management personnel and with all minority and ferrate 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 perrorrned. 7. Review, at least annually, the Company's EEO policy and affirmative adon 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 onsite supervisory personnel such as Superintendents, General ForeMen, etc: prior to the initiation of construction work at any job site. A written record shall be made and maintained ldehtt hg the time and plaice 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 news 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 organizations such as the above, describing the openirigs, screening procedures, and tests to be used in the selection process. 10. We will encourage present mindrity 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. Packet Page -745- i i i 5/24/2011 Item 16.A.12. ffofAA POLICY &" PAGE 4 of 8 11. Validate all test and other selection requirements where therm is an obligation to do so under 41 CFP Pact 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 ate being carried out. 14. Ensure that ail facilities and tbmpany activities are non - segregated except that separate or single -user toilets and necessary changing facilities shall be provided to assure privacy between the seises. 15. Document and maintain a record of all solicitations of offers for subcontracts torh minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 1$. Conduct a review, at least annually, of all supervisors' adherence to and perforrnande udder the company EEO policies and affirmative action obligations. 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 numbers, construction trade, union affiliation if any, employee identification number when Assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates and changes in status, hours worked Per week in the indicated trade, rate of pay, and locations at which the work was performed. REPORTING , OF.COMPLAINTS If at 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 Disabled Veteran status, they should report this matter to the company EEO Officer whose name and contact information is communicated along with this policy. The EEO Officer will investigate all complaints of alleged discrimination made to the company in connection with its contractual obligations. The EEO Officer will attempt to resolve such complaints, corrective actions to be taken and will then follow up on actions taken and their effect. if the investigation indicates that the discrimination may affect persons other that the complainant, such corrective actions shall include such other persoris. Upon completion of each investigation, the EEO Officer will inform every complainant of all of his or her avenues of appeal. The addresses shown below are such avenues for appeals. Packet Page -746- EEOIAApajcy a nm PAGE 5 OF e 5/24/2011 Item 16.A.12. Cortiparry EEO Officer See name and contact inforhUtiort subsequently shown or posted, Florida Commission on Human Relaflons 2009 Apalachee Parkway, Tallahassee, F1 32303-4102 (850) 488-7D82 or (SDO) 342-8170 U.S. Dept: of Labor, Regional Director U.S. Federal Highway Administration Ofte of Fedetal Contract Compliance 545 John Knox Road Suite 200 61 Forsyth Street, SW, Room 7B-75 Tallahassee, FL 32303 Atlanta, GA 30303 404 -562 -2424. (850) 942-9650 U.& Equal Pmployment Opportunity U.S. Equal Employment Opportunity commission Commission Mlarrd District Office Tampa District Office One Biscayne Towet, Suite 2700 501 East Polk Street Suite 1020 Miami, FL 33131 Tampa, FL 33602 (000) 669-400.0 (800) 669A000 -4fnd: EE00AA Poky Obit- Packet Page -747- - 5/24/2011 Item 16.A.12. EEO OMCE DESICNA nbw AccompwnNG EMM POLCY & PUN PAGE 6 OF S } Gulf. Paving Co a y, inc . bas mode the following fi j esgnaon in accottnce with the EEO /AA Pofity Pl Date: 3/3/2010 By: ea I i Tim Lause, Presidtrit:1 EQUAL. ELMIPLOYIMIEIIIT OPPOWUNrC Y OFFICER: EE0 OFFICER LAMER Michael Lause AODRH$$: 3460 Metro Parkway Fort Myers, FL 33916 PHONE: 239- 334 -3652 Packet Page -748- STATE OF FLORMA DEPARTMENT OF TRANSPORTATION CONTRACTOR'S AFFIDAVIT VEHICLE REGISTRATION State: Florida County: Lee 5/24/2011 Item 16.A.12. . Y00.010.52 CONSTRUCTIOtJ 08/01 BEFORE ME, this day personally appeared Tim =„use / GuIf Paving company, -.r_c (Contrador's Name) who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida. in accordance with Section 320. State of Florida County: Lea e- Sworn to and subscribed before me this of LA 00k) by - (Print Commission Expires Qdntractor's Signature TYPED NAME. Tim Lause POSITION: President COMPANY NAME: Gulf Paving Co*tpar y, Irc COMPANY ADDRESS: 3460 Metro Pa:rway Fort Myers, F.'. 133:16 day name of person signing Gertifieation) eftwoodaw ,y ETHYLENE L LEITHOFF s Notary Public • State of Florida :1• ° My Comm. Expires Oct 1$, 2014 r� = Commission N EE 14875 BoMed Thw* National Rotary Assn: Personally Known � OR Produced identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: Packet Page -749- 5/24/2011 Item 16.A.12. "IA Florida Department of Transportation MA RLM cRsr GOVERNOR March 3, 2010 605 Suwannee sheet Tallahassee, FL 32399 -0450 MR JOHN MICHAEL LAUSE GULF PAVING COMPANY INC 3460 METRO PARKWAY FT MYERS FL 33916 RE: EEQ-AFFIRMATIVE ACTION PLAN Dear Mr. Lause: The Equal Employment Opportunity Affirmative Action Plan submitted by: GULF PAVING COMPANY INC SECRETARY has been received. Please update any changes to your plan as they occur. If you need any additional information, please call me at (850) 4144742. Sincerely, �� Wall) Erica Miller Contract Compliance Administrator Equal Opportunity Office EM /cg Attachment(s) Packet Page - 750 -I9 5/24/2011 Item 16.A.12. 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 Gulf Baysg Company, Inc. memo of Business They are a prospective contractor, vendor, affiliate, or otherwise ingested 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 reliarxe 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 rejed the bid offer associated with this declaration and/or suspendtdebar the fodder /signatory. 4. They shad 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 enxwK ous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they &*,Af not knowingly enter into any subcontract or ;Mier agreement with a person or entity who is debarred, suspended, declared inebobie, or voluntarily excluded from participation in this agreerrsM unless otherwise authorized by the Collier County PurchaskWGeneral Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements sat forth therein: (A) l hereby dedare that my firm nor its principals is. _ ,,. _ presently debarred, suspended, Proposed far debarment, declared inefigibie, or voluntarily excluded from participation in this transaction by any public agency. Packet Page -751- Names) and TMe(s) of Authortzed Repr+essntefive(s) Gulf. Paving Ccgpany, Inc. Name of B s ;'z:zc;a Date 5/24/2011 Item 16.A.12. (B) I am unable to declare tut my form is in conViiance with one or more statements corrtained wo-in this deciar'afion and I shall attach an explanation for determination by to Collier County Purchasing Director. Names) and Intle(s) of Authorized Reptesentative(s) Name of BusirteM Authorized Signaftwe(s) Date Packet Page -752- 5/24/2011 Item 16.A.12. STATE OF FLORIDA DEPARTMENT of TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399 -0454 TELEPHONE: (850) 414 -4747 FAX: (850) 414 -4879 This information may also be Included in your bid or proposal package. Prime Contractor /Consultant: Gulf Pavino Company Inc AddressfTelephone Number. 3460 Metro Parkway Fort Myers FI 33916 / 239- 334 -3652 Bid/Proposal Number: County - 11 -5679 / FDOT - 427936- 1 -58 -01 Quote Submitted M1u YR: 0512011 275-G30_',0 EOUAL OPPORTUNITY OFFICE 02!08 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 contracts, 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 261084418 6. ❑ DBE 2. Firm Name: Roadsafe Traffic System ® Non -DBE 3. Phone: 239 - 333 -4888 4. Address: 8031 Mainline Parkway Fort Myers, Florida 33912 7. ® Subcontractor Q Subconsultant 5. Year Firm Established: 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ® More than $15 million 1. Federal Tax ID Number: 65- 0634319 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: Harris Jorgensen ® Non -DBE ❑ Less than $1 million 3. Phone: 239 - 772 -9939 ® Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 2706 SE Santa Barbara Place 7. ® Subcontractor ❑ Between $10 - $15 million Cape Coral, FI 33904 ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1991 1_ Federal Tax ID Number: 65- 0678751 6. ® DBE 8. Annual Gross Receipts 2. Firm Name: Kate's Envirofencing ❑ Non -OBE ❑ Less than $1 million 3. Phone: 239 - 947 -5106 ® Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 7070 Jean Blvd 7. ® Subcontractor ❑ Between $10 - $15 million Fort Myers, Fl 33957 ❑ Subconsuttant ❑ More than $15 million -- 5. Year Firm Established: 2009 Packet Page -753- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 5/24/2011 Item 16.A.12. 275 -03040 EQUAL OPPORTUNITY OFFICE Lz,:B 1. Federal Tax ID Number: 59- 2582822 6. ❑ DBE B. Annual Gross Receipts 2. Firm Name: Traffic Control Products ED Non -DBE ❑ Less than $1 million, 3. Phone: 813 - 621 -8484 Less than $1 million ❑ Between $1 - $5 million 4. Address: 5514 Carmack Road ® ® Between $5 - $10 million Tamp5j. F133610 7. Subcontractor ❑ Between $10 - $15 million CAae Coral, F133915 ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1985 1. Federal Tax ID Number: 65 -059477 6. ® DBE 8. Annual Gross Receipts 2. Firm Name: GCE Services ❑ Non -DBE ❑ Less than $1 million 3. Phone: 239- 945 -1781 Between $1 - $5 million 4. Address: ® Between $1 - $5 million 4. Address: P.O. Box 150052 3750 Enterprise Avenue #300 7. ® Subcontractor ❑ Between S5 - $10 million CAae Coral, F133915 7. [K Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1995 1. Federal Tax ID Number: 650086160 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: EB Simmonds Electrical ® Non -DBE ❑ Less than $1 million 3. Phone: (239) 643 -2770 Between $10 - $15 million ❑ Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 3750 Enterprise Avenue #300 7. ® Subcontractor ❑ Between $10 - $15 million Naples, Florida 34104 -3659 ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established.- 1. Federal Tax ID Number 650461510 8. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: Pavement Maintenance ® Non -DBE ❑ Less than $1 million 3. Phone: (239) 334 -6760 Between $10 - $15 million ® Between $1 - $5 million 4. Address-. ❑ Between $5 - $10 million 1640 Benchmark Ave 7. ® Subcontractor ❑ Between $10 - $15 million Fort Myers, FL 33905 ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1994 1. Federal Tax ID Number: 6_ ❑ DBE 2. Firm Name: ❑ Non -DBE 3. Phone: 4. Address: 7. ❑ Subcontractor ❑ Subconsultant 5_ Year Firm Established: 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million D Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than S15 million _ _- _ Packet Page - 754 -�_ =o Y � J �j z th � LL a 0 a Z 60 G O QJ n U Z a a r CL CL z Z Ir Q r O z lit C i O Ch y W 2 r O N m a 4' 41 VJ .y X : li - w D z ° T p U g � T � N � m � 4 �a a T K F � o � N. � o V C Q Y a i �I tti 5/24/2011 Item 16.A.12. 38O NON m d X394 z z m c z z 4r M C 3 N o - �. - ''" W �` -, 3 O W w M y Q ri E— N JJ sA n GT ^ ~ M N i fV W C K Lu W .Y g0 Q i6 g 1 4 ILE � L WWd z � �wn.v.. L 4. $ a m 3 o to C U vc � LL o LL 711 � o >. a 0 c o so = °3 o °s° m eo 0 y G (li n L9 � v {7 O c9 $ a�z u��ES a w �•�� EM CD C 7 `� C w '•(� ui LL biJ. Cq: f0 $ D .rmJ V TO c m o c a w O C 1q `° 1S m Q $ me IT I W y y D t z 9 2 � ., R GC D cp Le Q p O O IL J O c L 4 V M c u Cm � T W •N @ m m w° O U Q W IE .r+ or Co .R� c -� W � ,y Lam.• � � 4 � •ti W y m m o y m c� m $ r 3 E° E fA °u -- °` � � ag:� � � 3a _�= 4 m c $d m U� ! EfL¢w� 8c 0 9 a sc� Packet Page -755- 5/24/2011 Item 16.A.12. Instructions for Form: The contractor must provide enough informabion through a Schedule "A" spreadsheet to determine which pay- iiern(s) are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract unit pru:e(s) unless there is a partial sublet. For partial sublets, use the unit prices from the actual sub - contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. -3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount (round to nearest whole dollar)_ 1 a) Enter a "Y" in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise, leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s) regardless of their tier. 12) Enter the der number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a "1 ". If he works one level below, enter a "2" and so on. 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the worts to be performed. 16) Enter a "P" if any pay -item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D" for DBE, "N" for non-DBE- 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise. 19) One (1) copy of this form shall be submitted to the District Office by the contractor. 20) To be WnO by principal of the firm or someone with the delegated authority and nQWf.izegl, Packet Page -756- 5/24/2011 Item 16.A.12. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030 -12 ANTICIPATED DBE PARTICIPATION STATEMENT ('ADBEPS') Ecu- '- OPPORTUNrrYOFFICE LOCAL AGENCY PROGRAM OW1 I 1. FDOT LAP AGREEMENT# 2. FDOT LAP 3. LOCAL AGENCY'S AGREEMENT AMT ($) CONTRACT # WITH PRIME 4. LOCAL AGENCY NAME !427936- 1 -58 -01 ;AQ 383 I Collier County Board of County Commision IS. PRIME CONTRACTOR'S NAME 6. FEID NUMBER OF PRIME CONTRACTOR ;Gulf Paving Company, Inc 1 I59- 7052626 T. CONTRACT DOLLAR AMOUNT WITH PRIME 8. FEID NUMBER OF LOCAL AGENCY 59- s000s5a DOLLARS 1n. Sa 1 nr FKWI: UVNTKACTOR A FLORIDA CERTIFIED '10. IS THE WORK OF THIS CONTRACT DISADVANTAGED BUSINESS ENTERPRISE (DOE)? 0 YES ONO 1 CONSTRUCTION 13 MAINTENANCE[] OTHER? r i11. IS THIS AN ADBEPS REVISION? (]YES ONO It yes, revision number I 112. ANTICIPATED DBE SUBCONTRACTS -- 1S. TITLE OF SU8Mn'7ER , Tim Lause P2/2011 DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK AND DOLLAR PERCENT OF COMPANY NAME AND FEID NUMBER FOOT SPECIALTY CODES) AMOUNT CONTRACT 3 LOCAL AGENCY AND PRIME ,CONFERENCE DATE DOLLARS A AME: GCE Services oRK: Sod # $11j150.001 EID: 65-059477 SPEC CODE: 'NAME: Date's Enviro Fencing WORK: Erosion Control ISPEC $2,370.00 ;FEID: 65- 0678751 CODE: j NAME: WORK i !FEID: SPEC CODE: I ;NAME:. i WORK: I 1 1 FEID: I,SPEC CODE: 1 I j NAME: WORK: FEID: SPEC CODE: ' I iA TOTAL DOLLARS TO DOE'S '118 TOTAL PERCENT OF F F ^.+CONTRACT 4 $13,520.001 0.00% s SECTION TO BE FILLED BY PRIME CONTRACTOR a 113. NAME OF SU8MrrTER 414. DATE 1S. TITLE OF SU8Mn'7ER , Tim Lause P2/2011 iPresident ' 118. EMAIL ADDRESS OF PRIME CONTRACTOR SUSMiTTER 117. FAX NUMBER 18. PHONE NUMBER a !tim @gulfpaving.cam 239- 333 -0940 ;239- 334 -3652 SECTION TO BE FILLED BY LOCAL AGENCY 119. SUBMITTED BY 20 .DATE 21. TITLE OF SUBMITTER I EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRE-CONSTRUCTION 122. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER 3 LOCAL AGENCY AND PRIME ,CONFERENCE DATE NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FDOT 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 ARE FOR FDOT LAP USE LAP NAl DATE TO EO OFFICE EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRE-CONSTRUCTION DISTRICT LECTRONICALLY AGREEMENT ) LOCAL AGENCY AND PRIME ,CONFERENCE DATE i Packet Page -757- 5/24/2011 Item 16.A.12. Iratruaons for Form: The contractor must provide enough information through a Schedule "A" spreadsheet to determine which pay - items) are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based or the actual contract unit price(s) unless there is a partial sublet_ For partial sublets, use the unit prices from the actual sub - contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any_ 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the worts is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount (round to nearest whole dollar). 10) Enter a "Y" in the space marked Change Ff any information on the line has changed since the previous certification of sublet work was prepared. Otherwise, leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s) regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a "1 ". If he works one level below, enter a "2" and so on. 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the worts to be performed. 16) Enter a "P" if any pay -item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D" for DBE, "hi" for non -DBE. 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise_ 19) One (1) copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and Ti�izA. Packet Page -758- 5/24/2011 Item 16.A.12. STATE OF iLmm C PRTMEHr or TRANSP6RTATpM i75A3673 CERTIFICATION OF NON SEGREGATION & EQUALa�0.grWnTVoFr-C NON DISCRIMINATION 0710 SECTION 1: PROJECT IDENTIFICAT1nm 7. > Snaneial Project No_ 2. F.AP. No. 3. FDpT LAP Contract No. 1 4. County S. District or game of Local A enc + G2793a- 1 -5B -Ol 351'_ 030 P 42793c- ' -�6 -u1 Collier One f 6.PriFne Contractor's Nam& Gulf Paving Company, Tnc. —� T.Comgmw Name of Contractor , ter, Rental Company or Agency 8ubniAmng tlria certiflcatlon 8. FEIQ No of Co. In Box 7 Gu f iay.ng Company, IrtC. 59- 1052626 SECTION 2: CERTIFICATION STATEMENTS 7171 .N —11M CERTIFICATION OF CERTIFICATION OF NONSEGREGATED FACILITIES 1 NON DISCRIMINATION As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify: the following fort his company: Federally funded contract, this company certifies that It A. This company does not maintain or provide shall 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 origin, age or disability. Actions include: facilities" means any waiting rooms, work areas, employment, upgrading, demotion, or transfer; restrooms and washrooms, restaurants and recruitment or recruitment advertising; layoff or fountains, recreation or entertainment area, termination; rates of pay and other forms of transportation, and housing facilities provided for compensation; and selection for training, including employees which are segregated by explicit apprenticeship, pre apprenticeship, and/or on-the-job li 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•1273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are inco orated In this certification. S. Name tlrstttast of co rate Official 6i ni Certification 10. Job Title of person named in Box 9 Tim :,ause President 11. Si nature of Certifying Official ' 12. Date of Signature Packet Page -759- 5/24/2011 Item 16.A.12. 275.030.13 EQuAE OPPORTUNry OF rRCE UM Certification of Non Segregation & Non Discrimination Instructions for Completing Form This form is provided to contractors on federally assisted road and bridge construction projects to affirm their commitment to nondiscrimination and non segregated facilities during the term of a contract. Box 1: Fin. Proj No. — The Financial Project Number Box 2: FAP No. — The Federal Aid Project Number assigned to federally funded projects or'non -FAP' Box 3: FDOT LAP Contract No. — The project's Local Area Project ('LAP') number Box 4: County — County or counties project work is being performed in Box 6: District or Local Agency — The Department's District Number Designation where the project is located Districts are 1 -7, and the Turnpike District or the name of the city, county or entity administering the contract Box 6: Prime Contractor Name —The name of the prime contractor. Box 7: Company Name of Contractor, Supplier, Rental Company or Agency Submitting this certification — name of company submitting the certification Box 8: FEID No. — Federal Identification Number of company named in Box 7 Box 9: Name (first, last (of corporate official signing certification. — First name, last name Box 10: Job Title of person named in Box 9 —job title Box 11: Signature of Certifying Official — signature of person named in Box 9 Box 12: Date of signature — Monthldaylyear of signature Packet Page -760- 5/24/2011 Item 16.A.12. Return to Inquiry Menu Contractor with Name GULF PAVING COMPANY 1 -1 of 1 contractors !��ter Friendly Version SIDEWALKS Packet Page -761- 5/24/2011 Item 16.A.12. im" Avi Florida Department of Transportation CHARLIE GRIST GOVERNOR GULF PAVING COMPANY 3460 METRO PARKWAY FORT MYERS FL 33916 Dear Sir /Madam: 605 Suwannee Street Tallahassee, FL 32399 -0.50 Mal` 27, 2010 RE: CERTIFICATE OF QLALIFIr;;.TION S'I'h:YRANIE C. i;OPELOUSOS SECRETARY 7'epa txlten_ G ia.. 'N '� L'ua�1_ld?u S' CQ� ;ti�84 1'::w !'itb ai :Ol�T;i. ftllt� the type of viork indicated below. Unless yaur companv is noti `ieci otherwise, this rating will exp.;-re 6/30/2011. However, the new application is due 1/30/201:L- In accordance with 5,337.14 (1) F.S. Your next application must be filed within (4) months of the ending date of the applicant's audited annual financia= statements and, if applicable, the audited interim financial statements. Section 337.14 (_) F.S. provides that yo-ar certificate kii be va]Ad f;,r. ;B r.�o;jthS after your fina -1 -ial -statesmen date. "-his gives' a two mant l pe�r`,>ed L:' o�iUW ,' r 1• ;t. ri 'obs as we !PZ- ce c 1' . J SS VCUr new apaii.cat�L,n ,.Os' gLlal].facnt'on. To IETIa :F•r`,•a�i1 ?`,.!. ?u Kith the Dep:,rrmprt - e L 11 r e .1 w arpli <d a 7.on must be '� : :. it Card• !? r the. r ' t1IlanCiR1. }iJ5ii1C7 t'r �..s .1; ; : U 3 .: f''�. ' :O c- il:e'.f -- tJ :..J r - _. Iada !zC::i:'; .'].S� =? i•i'y ..._:_t'?. 'iAY.:.MiiP7 C:APICITY RATING: $114,500,000.UC FDOT APPROVED WORK CLASSES: DRAINAGE, FLEXIBLE PAVING, GRADING, HOT PLANT -MIXED BiTum. COURSES FDOT APPROVED SPECIALITY CLASSES OF WORK: NONE Please be ad -71 sed ,hr Department of iransporta:. i:-,;t ::as corsiaered va;:_ comrar.%;' qualificati � n i.r, a! 1 work - IasDES requested. v1N !;;.eve ated y � • ..• our yftll.•E3• ^. :, Tr- :J(;e' n', 'k rl� �t]L"'.Y?'.i','E 31; squ pmelu as dire cte, by Section 14-2L.UO3, F1.ri.li;,ri 1'i�!'.!1i.:1L :I'iii: :Vd_+ �.- dc.. Bf" f_ -d On' this evaluation, t -he 3 partment is not abiP., lit _�1i5 t1iCe, tt% Ar °� < _.fy your c0lnpany for ,he work classes: MINOR BRIDGES, PORTLAND CEMNT CONCRETE. VA 'c10t.state.fl.US G FECYC.FO ^ARER Packet Page -762- 5/24/2011 Item 16.A.12. Company ID Number; 55318 'Mil" l'. - ;r ,1I19 Y ljlZO GRA 1W FOR MFINI()IY;ANDUM OF ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Gulf Paving Comnanv. Inc. (Employer) regarding the Employers participation in the Employment Eligibility Verification Program (E- Verify). E -Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form 1 -9) has been completed. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208,116 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA I. Upon completion of the Form T -9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. Packet Page -763- 5/24/2011 Item 16.A.12. Company ID Number: 55318 S. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of. SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. & RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I -9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to provide to the Employer a manual (the E- Verify Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify.. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DNS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment . eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. Packet Page -764- 5/24/2011 Item 16.A.12. Company ID Number: 55318 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the E- Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form 1 -9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R § 274a.2 (b) (1) (B)) can be presented during the Form I -9 process to establish identity). If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form I -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I -9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a Packet Page -765- 5/24/2011 Item 16.A.12. Company TD Number: 55318 rebuttable presumption is established that the Employer has not violated section 274A(a)(IXA) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terns and conditions of E -Verify ; (3) the Employer must notify OHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(axl)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. S. The Employer agrees not to use E- Verify procedures for pre- employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E- Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E- Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (t)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of Packet Page -766- 5/24/2011 Item 16.A.12. Company ID Number: 55318 a photo non - match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DRS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non - match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign ", and premature termination of employees based upon tentative nonconfirmations , and that any violation of the unfair immigration- related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274E of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1 -800- 255 -7688 or 1 -800 -237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form I -9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of newly -hired employees after completion of the Form 1 -9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E -Verify - related records, i.e., Forms I -9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E- Verify Program. In addition, for the purpose of evaluating E- Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E- Verify, to interview employees hired during E -Verify use concerning their experience with the pilot, and to make employment and E -Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E- Verify. Packet Page -767- Company ID Number: 55318 ARTICLE III 5/24/2011 Item 16.A.12. REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E- Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when Packet Page -768- 5/24/2011 Item 16.A.12. Company ID Number: 55318 the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll -free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non - match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non- match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E- Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify manual. Even Packet Page -769- 5/24/2011 Item 16.A.12. Company ID Number: 55318 without changes to E- Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify Operations at 888 -164- 4218. Employer Gulf Paving Company, Inc. Ethylene L Leithoff Name (Please type or print) Title Electronically Signed 09/25/2007 Signature Date Department of Homeland Security — Verification Division Packet Page -770- Company ID Number: 55318 USCIS Verifieation Division Name (Please type or print) Title Electronically Signed Signature 09/25/2007 Date Packet Page -771- 5/24/2011 Item 16.A.12. 5/24/2011 Item 16.A.12. Company ID Number: 55318 INFORMATION REQUIRED FOR THE E- VERIFY PROGRAM Information relating to your Company: Company Name: Gulf Paving Company, Inc. Company Facility Address: 3460 Metro Parkway Fort Myers, FL 33916 Company Alternate Address: PO Box 1584 Fort Myers, FL 33902 County or Parish: LEE Employer identification Number 591052626 North American Industry Classification Systems Code: 238 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 1 Are you verifying for more than l site? If yes, please provide the number of sites verified for in each State. • FLORIDA 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Ethylene L Leithoff Telephone Number. (239) 334 - 3652 Fax Number. (239) 334 - 0940 E -mail Address: ethylene@gulfpaving,.com Packet Page -772- 5/24/2011 Item 16.A.12. GULF PAVING COMPANY May 27, 2010 Page two You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14- 22.0041 {3}, Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested_ JM:cj Sincerely, Juanita Moore, Manager Contracts Administration Office Packet Page -773- 5/24/2011 Item 16.A.12. en of z m W r U Ir LU _ 3 � ka x U m m w 3 Z w E � ma Z p O O d c Z�Ao V o 0 Co rzs C m C Cc cc C (,) U r ~� r 0 -5 C O ds ir' J in C', z LL. 0 .__ m L U < 3 o r d� �o _Z g x a °o tu � aw Lu m � a m i tL �� L IM t7 � v v w U m c Q °a m m wa 1q't cvmomwoovo; a: F Co V) M Vetmia smwa3 V a U Jto m w M ao W ao eo m o0 0o ao m � n (n C L Ya m 72 L 0 I d CL L) U. Q Co �'... 0 o z w CM q N =S W C LL r e6 L Z d ui s ii (7 U J r 5/24/2011 Item 16.A.12. en of z W r U Ir � ka x w to u Z yl► � J H Z p O O � = V o Co rzs U r 0 X LL. .__ m L U < 3 o r d� �o g x a °o � aw m � m i tL �� L Y � v 3 H m m wa 1q't cvmomwoovo; a: F Co V) M Vetmia smwa3 E Jto � v ao a w ao W ao eo m o0 0o ao m � n Packet Page -774- 5/24/2011 Item 16.A.12. 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. REnwRFn Fnouc lAftorrharn N/A DBElAA 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 275-030-118) 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 EEOIAA Plan Submit with Bid Package: A sample EEO policy and plan has been provided. Equal Employment Opportunity El 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 segregat ed Facilities Provide FDOT Prequalification Submit with Bid Package The fallowing tens 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) Prequalffication 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 -775- 5/24/2011 Item 16.A.12. Company ID Number: 55318 I I11a; I' '4'I�:RI Y PR0(.; -RA 7 F011 I:�N11'l i. ) 'OF1 ,.. N'I' N"F:t2I1?'ICAI` ION MI MOItj ?�°I. >[PM O [)Nl:)1rRSTAN1)JN -TW' ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Gulf Paving Company, Inc, (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program. (E- Verify). E -Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I -9) has been completed. Authority for the E- Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE H FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA 1. Upon completion of the Form I -9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfmnation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. Packet Page -776- 5/24/2011 Item 16.A.12. Company ID Number: 55318 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form 1 -9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer a manual (the E- Verify Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify.. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSQ, Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. b. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. Packet Page -777- 5/24/2011 Item 16.A.12. Company ID Number: 55318 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. The Employer agrees to become familiar with and comply with the E -Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I -9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b) (1) (B)) can be presented during the Form I -9 process to establish identity). If an employee presents a DHS Form I -551 (Permanent Resident Card) or Form I -766 (Employment Authorization Document) to complete the Form I -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a Packet Page -778- 5/24/2011 Item 16.A.12. Company ID Number: 55318 rebuttable presumption is established that the Employer has not violated section 274A(aXIXA) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify ; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(axl)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form I -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E- Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DNS verification procedures and photo screening tool only after the the SSA verification response has been given. R. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E- Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E -Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E- Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article I11.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of Packet Page -779- 5/24/2011 Item 16.A.12. Company ID Number: 55318 a photo non - match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non - match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign ", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration- related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1 -800- 255 -7688 or 1- 800 - 237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form I -9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of newly -hired employees after completion of the Form 1 -9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E- Verify - related records, i.e., Forms 1 -9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E- Verify Program. In addition, for the purpose of evaluating E- Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E- Verify, to interview employees hired during E -Verify use concerning their experience with the pilot, and to make employment and E -Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E- Verify. Packet Page -780- Company ID Number: 55318 ARTICLE III 5/24/2011 Item 16.A.12. REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation. as soon as possible after the Employer receives it 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E -Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURI'T'Y 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the .employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when Packet Page -781- 5/24/2011 Item 16.A.12. Company ID Number: 55318 the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll -free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form I -551 or Form I- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non- match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E -Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any parry upon 30 days prior written notice to the others. Any and all -system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify manual. Even Packet Page -782- 5/24/2011 Item 16.A.12. Company ID Number: 55318 without changes to E- Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of 11RIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify Operations at 888-464- 4218. Employer Gulf Paving Company, Inc. Ethylene L Leithoff Name (Please type or print) Title Electronically Signed 09/25/2007 Signature Date Department of Homeland Security — Verification Division Packet Page -783- Company ID Number: 55318 USCIS Verification Division Name (Please type or print) Title Electronically Signed Signature 09/25/2007 Date Packet Page -784- 5/24/2011 Item 16.A.12. 5/24/2011 Item 16.A.12. Company ID Number: 55318 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Ethylene L Leithoff Telephone Number: (239) 334-3652 Fax Number: (239) 334 -0940 E -mail Address: ethyleoe@gulfpaving.com Packet Page -785- INFORMATION REQUIRED FOR THE E- VERIFY PROGRAM Information relating to your Company: Company Name: Gulf Paving Company, Inc. Company Facility Address: 3460 Metro Parkway Fort Myers, FL 33916 Company Alternate Address: PO Box 1584 Fort Myers, FL 33902 County or Parish: LEE Employer Identification Number: 591052626 North American Industry Classification Systems Code: 238 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State. • FLORIDA 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Ethylene L Leithoff Telephone Number: (239) 334-3652 Fax Number: (239) 334 -0940 E -mail Address: ethyleoe@gulfpaving.com Packet Page -785- 5/24/2011 Item 16.A.12. L --- � CERTIFICATE OF LIABILITY INSURANCE °"'� _DIYYYYI^I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED',, REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certHkate holder in lieu of such andomement(s ). PRODUCER Commercial Lines - (239) 498 -5225 D Wells Fargo Insurance Services USA, Inc. 27399 Riverview Center Blvd., .Suite 104 Bonita Springs, FL 34134 -4322 PHONE AX No EMAIL PRODUCER GUL43557 ctwom ID P. LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSadADE FK OCCUR INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED Gulf Paving Company, Inc. P. O. Box 1584 INSURER A: FCCI Commercial Insurance Co, 1/1/12 IN 0: FCCI Insurance Company 10178 INSURER c: Travelers Property Casualty Company of America 25674 INSURER D $ 10,000 INSURER E: Fort Myers, FL 33902 -1584 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D R POLICY NUMBER YM/OD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSadADE FK OCCUR GL0009652 1/1/11 1/1/12 EACH OCCURRENCE s 1,000,000 PREMISES Ea acwffance) $: MED EXP (Any one perm ) $ 10,000 Special Form PERSONAL al, ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LAST APPLIES PER: PRODUCTS - COMP/OP AGG $ 2•000.11O POLICY X PRO LOC $ A AUTOMOBILE LUUNUTY ANY AUTO CA00151W 111/11 111 /12 COMBINED SINGLE LIMIT (Es accident) $ 1 X BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per aoddnR) 5 SCHEDULED AUTOS PROPERTY DAMAGE (Par accident) $ X HIRED AUTOS X NON-OWNED AUTOS $ $ A ALUAa X R UMB0009972 1 /1 /11 111/12 EACH OCCURRENCE $ 5,000,000 4FUMMORELL AGGREGATE $ 5.000,000 ESSLJAB MS -MADE UCT, $ RETENTION S 10000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRETORIPARTNER/EXECUTIVE YIN N OFFICER/MEMBER EXCLUDED? NIA 001 -WC11A -63169 1/1111 1/1112 X WC STATU OTH. TORY LIMITS ER E.L. EACH ACCIDENT S 1,D00,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Maedatmy In NH) if yea, desalbe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS bebw C RerdadAAnod Equomanr OT-66D- 2320X469 111111 111112 Limit 250,000 per ham Deductible: 1% subject to 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, if more "to Is required) Per request HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FOR INFORMATION ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Packet Page -786- _. _ :.. .......... .... _ ..... -._.. -;17d /7(11 1 Ifom 1A A 10 Packet Page -787- Prequalified Vendor Search Return to Inouiry Menu Conbra Wr Pr #uWft. - Uqn (CPO) s I f. 4 , Rrequalified Contractors Listing Contractor with Name GULF PAVING COMPANY 1 -1 of 1 contractors Printer Friendly Version VENDOR NAME GULF PAVING COMPANY F591052626001 - EXPIRES: 6/30/2011 HOME OFFICE ADDRESS 3460 METRO PARKWAY P O BOX 1584 FORT MYERS, FL 33916 5/24/2011 Item 16.A.12. 5/3/2011 4:51:56 PM EST IDDING OFFICE ADDRESS 160 METRO PARKWAY O BOX 1584 )RT MYERS, FL 33916 WORK CLASSES DRAINAGE FLEXIBLE PAVING GRADING HOT PLANT -MIXED BITUM. COURSES SIDEWALKS FLORIDA DEPARTMENT OF TRANSPORTATION it�Kt? Report Technical Problems to the Service Desk @ 1- t 8 PE 66- 955 -4357 or email: Service Desk �. Send Prequalification Questions or Comments to ;"►�a�re* Contracts Administration Office Internet Privacy Policy. Disclaimers & Credits Packet Page -788 - https: / /www3. dot. state. fl. us /contractorpreq�.a. "..""L..,.,, . Z, LPrequalifiedVendorSearch.aspx 5 /3/2011 EPLS Search Results Search Results Excluded By Firm, Entity, or Vessel: gulf paving as of 03-May -2011 4:49 PM EDT Your search returned no results. 5/24/2011 Item 16.A.12. Packet Page -789- https : / /www.epts.gov /epis/search.do ?full La Li,u -gU11 , Yavaia6 &status -- current &getreport=tru... 5/3/2011 5/24/2011 Item 16.A.12. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner') hereby contracts with Gulf Paving Company, Inc. ( "Contractor") of 3460 Metro Parkway, Fort Myers Florida 33916, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Intersection Improvements Lake Trafford Road and SR 29, Bid No. 11 -5679 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Wilson Miller/Stantec, 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. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amounf'), in accordance with the terms of this Agreement: Nine hundred eighty two thousand nine hundred twenty three dollars and thirty two cents ($982,923.32). 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 underwritten by a surety authorized to do business in the State of Florida and otherwise Packet Page -790- 5/24/2011 Item 16.A.12. 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.ftns.tress.ciov /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 Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and fifty (150) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand one hundred and forty eight dollars ($1,148.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Packet Page -791- 5/24/2011 Item 16.A.12. 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 noted the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Packet Page -792- 5/24/2011 Item 16.A.12. Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section S. 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 Wilson Miller /Stantec and identified as follows: Intersection Improvements Lake Trafford Road and SR 29 as shown on Plan Sheets 1 - 104. 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: Julio Ordonez, P.E. Transportation Engineering 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252 -8260 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: Tim Lause, President Gulf Paving Company, Inc. 3460 Metro Parkway Fort Myers, Florida 33916 (239) 334 -3652 Packet Page -793- 5/24/2011 Item 16.A.12. 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 -794- 5/24/2011 Item 16.A.12. 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. Channe 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 -795- 5/24/2011 Item 16.A.12. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Gulf Paving Company, Inc. By: FIRST WITNESS Type/Print Name SECOND WITNESS Type/Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Print Name: Deputy County Attorney Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA [=3'11 Packet Page -796- Fred W. Coyle, Chairman 5/24/2011 Item 16.A.12. EXHIBIT A PUBLIC PAYMENT BOND Intersection Improvements Lake Trafford Road and SR 29 Bond No. Contract No. 11 -5679 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 bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 2011, with Obligee for in accordance with contract is incorporated by reference and made a as the Contract. day of drawings and specifications, which part hereof, and is referred to herein 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. Packet Page -797- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF BY: NAME: ITS: PRINCIPAL 5/24/2011 Item 16.A.12. 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: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) Packet Page -798- M Witnesses STATE OF COUNTY OF 5/24/2011 Item 16.A.12. 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 Surety, on behalf of Surety take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) He /She is personally known to me OR has produced as identification and who did (did not) Name: (Signature) (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -799- 5/24/2011 Item 16.A.12. EXHIBIT A PUBLIC PERFORMANCE BOND Intersection Improvements Lake Trafford Road and SR 29 Bond No. Contract No. 11 -5679 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 2011, with Obligee day of 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: 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 A.. 255.05, Florida Statutes, shall not apply to this bond. Packet Page -800- 5/24/2011 Item 16.A.12. 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: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: 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: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Packet Page -801- ATTEST: Witnesses as to Surety No Witnesses STATE OF COUNTY OF 5/24/2011 Item 16.A.12. 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.: Packet Page -802- 5/24/2011 Item 16.A.12. 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. fhe 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. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation., whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. GC -CA Packet Page -803- 5/24/2011 Item 16.A.12. Should at any time the Vendor not maintain the insurance coverageUs required herein, the County - may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverageUs 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 coverageW purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageu 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. Packet Page -804- 5/24/2011 Item 16.A.12. Collier County Florida Insurance and Bonding Requirements ] 512Y P4l9 '3RRS ....r ;113cn�d 1 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2.000.000 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 attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /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. ® Automobile Liability $1.000,000 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 $ Per Occurrence GC -CA Packet Page -805- 5/24/2011 Item 16.A.12. 6. ® 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 4A - -" 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. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board off.. 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 Vendor Signature Print Name Insurance Agency Agent Name GC-CA Packet Page -806- Date Telephone Number 5/24/2011 Item 16.A.12. EXHIBIT 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 -men, 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 Packet Page -807- 5/24/2011 Item 16.A.12. 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 CONTRACTOR'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 - 808 + -CA -D -1 EXHIBIT D (Continues SCHEDULE OF VALUES 5/24/2011 Item 16.A.12. - Project Name: Project Number. Data: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALI NUMBER VALUE MATERIALS COMPLETED COMPLETE TO FI PREVIOUS APPLICATIONS THIS & STORED THRU DATE SINCE DATE PERIOD TO DATE TOTALS ` Explanation for the two columns under Previous ications: The Thru Date is where you will place all information until the contract is complete unless a into play. If this happens, all information up to the dale of the % change in re inage is place d in the Thru Date column. Information after that date is what has happened since the change in retal a. GC- CA -D -2 Packet Page -809- 5/24/2011 Item 16.A.12. C -a -VD-00 y :einwlo4 ProasN slelislew psio ;s (ponui }uoo) Q pgiyx3 Packet Page -810- TO: Project Name: Bid No.: Change Order No.: Change Order Description 5/24/2011 Item 16.A.12. 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: Accepted by: Design Professional Contractor Date: Date: 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: } Packet Page -811- 5/24/2011 Item 16.A.12. 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: To 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 corrected 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: RESPONSIBILITIES: Packet Page -812- 5/24/2011 Item 16.A.12. OWNER: 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 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2011 OWNER By: Type Name and Title Packet Page -813- 5/24/2011 Item 16.A.12. EXHIBIT FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2011 Contractor: The following items have been secured by the for the Project known as ana nave peen 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 NIA. 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) Packet Page -814- 5/24/2011 Item 16.A.12. 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 specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 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 conceming the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at Packet Page -815- F 5/24/2011 Item 16.A.12. 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. 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 Packet Page -816- 5/24/2011 Item 16.A.12. 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 Wayne P. Hartt, PE, Wilson Miller /Stantec, located at 12801 Westlinks Drive, Fort Myers, Florida 33913.. 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 Packet Page -817- 5/24/2011 Item 16.A.12. 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. 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 Packet Page -818- 5/24/2011 Item 16.A.12. 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 "lathes" 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) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Packet Page -819- 5/24/2011 Item 16.A.12. 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 S. 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. 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 Packet Page -820- 5/24/2011 Item 16.A.12. other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, 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 Packet Page -821- 5/24/2011 Item 16.A.12. week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall - be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built' record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent —° to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. Packet Page -822- 5/24/2011 Item 16.A.12. 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 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 notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as Packet Page -823- 5/24/2011 Item 16.A.12. 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 Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen. percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be Packet Page -824- 5/24/2011 Item 16.A.12. 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 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 Packet Page -825- 5/24/2011 Item 16.A.12. 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 after 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. 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 Packet Page -826- 5/24/2011 Item 16.A.12. 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 sea. 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 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 BidderNendor does not comply with providing both the acceptable E- Verify 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. Packet Page -827- 5/24/2011 Item 16.A.12. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov/E- Verifv. 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 sea. regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 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. Packet Page -828- 5/24/2011 Item 16.A.12. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor. (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by 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. Packet Page -829- 5/24/2011 Item 16.A.12. 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 Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Packet Page -830- 5/24/2011 Item 16.A.12. 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 therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly 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: (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 Packet Page -831- 5/24/2011 Item 16.A.12. 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 proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's Packet Page -832- 5/24/2011 Item 16.A.12. 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 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, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work Packet Page -833- 5/24/2011 Item 16.A.12. shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 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 Packet Page -834- 5/24/2011 Item 16.A.12. 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. 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. 25. 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 Packet Page -835- 5/24/2011 Item 16.A.12. because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. Packet Page -836- 5/24/2011 Item 16.A.12. 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; 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; Packet Page -837- 5/24/2011 Item 16.A.12. 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 completionflermination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of 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. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Packet Page -838- 5/24/2011 Item 16.A.12. Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 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 Packet Page -839- 5/24/2011 Item 16.A.12. 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 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 Packet Page -840- 5/24/2011 Item 16.A.12. (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 failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost- Estimates Packet Page -841- 5/24/2011 Item 16.A.12. 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 w At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor / Contractor / 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 Packet Page -842- 5/24/2011 Item 16.A.12. 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. ABOVEGROUNDIUNDERG ROUND 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 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 Packet Page -843- 5/24/2011 Item 16.A.12. 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. Packet Page -844- 5/24/2011 Item 16.A.12. 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. Exhibit of Granting Agency Requirements (Provided in Separate File) 3. Granting Agency Fors (Provided in Separate File) Packet Page -845- 5/24/2011 Item 16.A.12. EXHIBIT J TECHNICAL SPECIFICATIONS Packet Page -846- 5/24/2011 Item 16.A.12. EXHIBIT K PERMITS Packet Page -847- 5/24/2011 Item 16.A.12. EXHIBIT L STANDARD DETAILS Packet Page -848- 5/24/2011 Item 16.A.12. EXHIBIT M PLANS AND SPECIFICATIONS Provided in Separate File Packet Page -849- 5/24/2011 Item 16.A.12. EXHIBIT . CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Packet Page -850- ATTACHMENTS 1. Required DBE Language for Contracts 2. Anticipated DBE Participation Statement (Form No. 275-030 -12) 3. Instructions for Reporting Actual Payments 4. Bid Opportunity List (Form No. 275 -030 -10) Revised 02/15 /2011 Packet Page -851- 5/24/2011 Item 16.A.12. 26 5/24/2011 Item 16.A.12. Attachment 1 DBE LANGUAGE for CONSTRUCTION CONTRACTS Contract Assurance: The Contractor, Subrecipient 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 Department-assisted contracts. Failure of 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. DBE LANGUAGE for CONSULTANT CONTRACTS Contract Assurance: The Consultant, Subrecipient, or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department- assisted contracts. Failure of the Consultant 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. Revised 02/15/2011 Packet Page -852- 27 5/24/2011 Item 16.A.12. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION qU9 A LOCAL AGENCY PROGRAM 275.030-12 EQUAL OPPORTUNITY OFFICE ANTICIPATED DBE PARTICIPATION 03= STATEMENT 2. FDOT LAP AGREEMENT 3. LOCAL AGENCY 1. FOOT LAP AGREEMENT# AMOUNT CONTRACT 4. LOCAL AGENCY'S NAME (PRIME . 6. PRIME CONTRACTOR'S NAME 6. FEW NUMBER - PRIME CONTRACTOR T. CONTRACT DOLLAR AMOUNT 8. FEID NUMBER - LOCAL AGENCY) 9. 18 THE PRIME CONTRACTOR A FLORIDA- YES ❑ 10. IS THE WORK OF THIS CONTRACT CERTIFIED DISADVANTAGED BUSINESS NO ❑ CONSTRUCTION ❑ OR MAINTENANCE ❑OTHER? ENTERPRISE (DBE)? 11. REVISION (YIN)? IF YES REVISION NUMBER 12. ANTICIPATED DBE SUBCONTRACTORS (BELOW): PERCENT OF DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK(SPECIALTY DOLLAR AMOUNT CONTRACT DOLLARS A B C E F 11A TOTAL DOLLARS TO 118 TOTALPMENTOF DOE'S CONTRACT $0.00 0.00% SECTION TO BE COMPLETED BY PRIME CONTRACTOR 13. NAME OF SUBMITTER 14. DATE 15. TITLE OF SUBMITTER 16. EMAIL ADDRESS OF PRIME CONTRACTORf❑UBWTTER 17. a FIX NUMBER 18. PHONE NUMBER SECTION TO BE COMPLETED BY LOCAL AGENCY 19. SUBMITTED BY 20.DATE 21. TITLE OF SUBMITTER 22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY- FUNDED FDOT 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 EDO OFFICE EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRE - CONSTRUCTION iuISMICT LECTRONICALL AGREEMENT LOCAL AGENCY AND PR CONFERENCE DATE 28 Packet Page -853- 5/24/2011 Item 16.A.12. Attachment 3 INSTRUCTIONS FOR REPORTING ACTUAL PAYMENTS To comply with 49 Code of Federal Regulations (CFR) Part 26, the Department is also required to collect actual payments made to Subcontractors and Subconsultants in addition to the planned DBE participation. The Local Agency is required to report data on actual payments, minority status, and the type of work of all Subcontractors, Subconsultants, and major Suppliers. Each month the Local Agency must report actual payments to all DBE Subcontractors, Subconsultants, and Suppliers. Payments to all non -DBE Subcontractors and Subconsultants can be reported either monthly or at the end of the project. Local Agency may submit this information to the District LAP Administrator or designee manually or electronically in an Excel spreadsheet. This information will be forwarded to Carol Greene, Equal Opportunity Office at carol. areene(Mdot.state.fl.us. NOTE: It is extremely important that the Contractor submits the" Anticipated DBE Participation Statement" at the preconstruction conference for all Federally- funded projects to the Local Agency. This primary information is used by the Federal Government to evaluate the Department's performance in the DBE Program. 29 Packet Page -854- FLORIDA DEPARTMENT OF TRANSPORTATION 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 5/24/2011 Item 16.A.12. FORM 9275.030 -10 This information may also be included in your bid or proposal package. Prime Contractor /Consultant: Addressfrelephone Number: Bid /Proposal Number: Quote Submitted MY R. 49 CFR Part 26.11 Their ; intended to be a listing of all firms that are participating, or attempting to participate, on Department- assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on Department- assisted projects, including both DBEs and non -DBEs. For consulting companies, this list must include all Subconsultants contacting the Local Agency and expressing an interest in teaming with the Local Agency on a specific Department- assisted project. Prime Contractors and Consultants must provide information for N umbersl, 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: 2. Firm Name: 3. Phone: 4. Address: 5. Year Finn Established: S. [3 DBE Non -DBE 7. [3 Subcontractor 13 Subconsuftant 8. Annual Gross Receipts Q Less than $1 million 0 Between $1 - $5 million 0 Between $5 - $10 mil ion 13 Between $10 - $15 million 13 More than $15 million 1. Federal Tax ID Number. 6. [3 DBE 8. Annual Gross Receipts 2. Firm Name: D Non -DBE 13 Less than $1 million 3. Phone: 0 Between $1 - $5 million 4. Address: Q Between $5 - $10 mil ion 7• 0 Subcontractor [3 Between $10 - $15 million 0 Subconsultant � More than $15 million 5. ear Firm sta is 1. Federal Tax ID Number: 6. Q DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non -DBE Q Less than $1 million 3. 4. Phone: Address: Between S1 - $5 million Q Between $5 - $10 mil ion 7• 13 Subcontractor O Between $10 - $15 million Subconsultant [3 More than $15 million o. Year Firm Established: 30 Packet Page -855- 5/24/2011 Item 16.A.12. Modified April 27, 2009 1 RESOURCES Florida Department of Transportation Equal Opportunity Office hftr)://www.dot.state.fl.us/Nualor)gortunityoffice/ 49 CFRPart 26 hftr)://www.dotcr.ost.dot.00v/as[)/dbe.asp Bid Opportunity List httm /Iformserver. dot. state. fl. us /MiscRepository /forms /27503010 Ddf Disadvantaged Business Enterprise Directory https: / /www3. dot. state. fl. us/ EaualODoortunitvOffice /biznet/mainmenu asp Federal Highway Administration hftD://www.fhwa.dot.go Packet Page -856- 5/24/2011 Item 16.A.12. SECTION 1: PROJECT IDENTIFICATION 1. Financial Pro No. 2. F.A.P. No. 3. FDOT LAP Contract No. 4. County G. District or Name of Local Agency 6.Prime Contractor's Name 7. Name of Contractor Supplier, Rental Corn or A Submitti ttds ceMcatbn & FEID No of Co. In Box 7 SECTION 2: CERTIFICATION STATEMENTS CERTIFICATION OF CERTIFICATION OF NON DISCRIMINATION NONSEGREGATED FACILITIES As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify: the following fort his company: Federally funded contract, this company certifies that it A. This company does not maintain or provide any shall not discriminate on the basis of race, color, national segregated facilities for employees at any of our origin, or sex in the performance of such contracts. establishments and we do not permit our The contractor shall carry out applicable requirements of employees to perform their services at any 49 CFR Part 26 in the award and administration of DOT location, under our control, where segregated assisted contracts. The company agrees that a failure to facHities are maintained. carry out these requirements is a material breach of B. Agreement that a breach of this certification is a Contract' which may result In the contract's termination or violation of the equal opportunity clause in this such other remedy as the recipient deems appropriate. contract, Each subcontract, rental agreement and or material C. We will obtain and retain identical certifications supplier agreement this company subsequently enters from proposed subcontractors prior to the award into for this contact will require this same Certification. of subcontracts exceeding $10,000 which are not It Is the policy of this company to assure that applicants exempt from the provisions of the equal are employed, and that employees are treated during opportunity clause. employment, without regard to their race, religion, sex, color, national origin, age or disability. Actions include: As used in this certification, the terms "segregated employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or facilities" means any waiting rooms, work areas, termination; rates of pay and other forms of compensation; and selection for training, Including restrooms and washrooms, restaurants and apprenticeship, pre apprenticeship, and/or on-the-job training. fountains, recreation or entertainment area, This certification extends to the project Identified above transportation, and housing facilities provided for and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal employees which are segregated by explicit opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR directives or are in fact segregated on the basis of 60) and orders of the Secretary of Labor as modified by the provisions of FHWA -1273. race, color, religion or national origin because of Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are habit, local custom, or any other reason. incorporated in this certification. 9. Name firstAast of corporate Official signing Certification 1d. Job Title of person named in Box 9 11. Signature of Certifying Official 12. Date of Signature -P A. Packet Page -857- 5/24/2011 Item 16.A.12. Certification of Non Segregation & Non Discrimination Instructions for Completing Form This form is provided to contractors on federally assisted road and bridge construction projects to affirm their commitment to nondiscrimination and non segregated facilities during the term of a contract Box 1: Fin. Proj No. — The Financial Project Number Box 2: FAP No. — The Federal Aid Project Number assigned to federally funded projects or "non -FAY' Box 3: FDOT LAP Contract No. — The project's Local Area Project ('LAP') number Box 4: County — County or counties project work is being performed in Box 5: District or Local Agency — The Department's District Number Designation where the project is located Districts are 1 -7, and the Turnpike District or the name of the city, county or entity administering the contract Box b: Prime Contractor Name — The name of the prime contractor. Box 7: Company Name of Contractor, Supplier, Rental Company or Agency Submitting this certification — name of company submitting the certification Box 8: FEW No. — Federal Identification Number of company named in Box 7 Box 9: Name (first, last (of corporate official signing certification. — First name, last name Box 10: Job Title of person named in Box 9 — job title Box 11: Signature of Certifying Official — signature of person named in Box 9 Box 12: Date of signature — Month /day /year of signature 33 Packet Page -858- a O Z OF N K C M v fa C 'O Of � r N N N m G H N 0 E 0 C v 0 0 a 0 a 5/24/2011 Item 16.A.12. °a op opppoo�nppppacaoppouDp 00$80omn ocoopopppp oc000pp0000 O O O Q S O O O M O O M a 0 0 M O a t0 8 (0 N O O O O O S O O O O O O V O N t0 10 V N 0D O m 1n N O O O f`D IV O tV O p p f0 P1 ('h f0 CV O Cl) O O p O N 1q O O 1n (V t0 O n [V n n �.2 n I' M O Vt M N O M O 01 0 07 fD M 0) O n Vr w O N Cl) n W N 0 M N (p M CO N M A M a� O n M 1n N K aD OD O 01 07 N N aD N M t0 CD st sr N N 7 aD to M n O N Q� �l1 M O N Z Q. 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