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Backup Documents 09/10/2013 Item #16A38 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ^ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T (�j QQ 3 8 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG Ti7RE' v aNIIIIININIHIIballia fir Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk v O 3/43 ,.(71 2. County Attorney Office County Attorney Office op Ila0 3. BCC Office Board of County G Commissioners 5 `;k\2--- \ 4. Minutes and Records Clerk of Court's Office 166 1/30 1 I 3 j): 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, Phone Number 252-8375 Purchasing Staff September 19,2013 Contact and Date o Agenda Date Item was September 10,2013 V Agenda Item Number 16.A.38 V Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-6101 Quality number if document is Number/Vendor Name Enterprises USA to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial)' Applicable)'- 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the 1 BCC,all changes directed by the BCC have been made, and the document is ready for t / Chairman's signature. 16 A38 4 MEMORANDUM Date: October 4, 2013 To: Diana De Leon, Contracts Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #13-6101 White Boulevard Sidewalk Improvements from Weber Boulevard S to 25th Street SW Contractor: Quality Enterprises USA, Inc. Attached is an original copy of the contract referenced above, (Item #16A38) approved by the Board of County Commissioners on September 10, 2013. The second original will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16 A38 4 GRANT FUNDED - LAP Agreement # 429901-1-58-01 Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW COLLIER COUNTY BID NO. 13-6101 COLLIER COUNTY, FLORIDA Brenda Brilhart, Procurement Strategist Email: BrendaBrilhart @colliergov.net Telephone: (239) 2522 -8446 FAX: (239) 252 -6697 • Design Professional: Wilson Miller, Inc. Puritan Deeartmer4•3327 Tamiami Trail East•Navies.flnrida 34112.4901■wrrw.cdtiergnv.nattpurchasirg • ITB 13-6101 White Blvd Sidewalk Improvements 1 16 A38 county Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 Administrative Seri i i on FAX: (239) 252-6697 Purchasing ADDENDUM #1 Memorandum Date: May 17, 2013 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 -- 13-6101 Sidewalk Improvements White Blvd (Weber Blvd S to 25th St SW) The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: ADD: • The bid items provided in the bid schedule shall supersede those shown on Sheet No. 2 (Summary of Pay Items) of the plans. Payment for all maintenance of traffic items including work zone signs, barricades, and type B flashing lights shall be included in the lump sum bid price for bid item 102-1 Maintenance of Traffic. CHANGE: • Revised DOL wage rates are attached. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Margaret Bishop, Project Manager Enc: DOL Wage Rates dated 5/17/2013 1 16A38 General Decision Number: FL130211 05/17/2013 FL211 Superseded General Decision Number: FL20120211 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/04/2013 1 05/17/2013 * ELEC0349-008 09/05/2011 Rates Fringes ELECTRICIAN Electrical contracts over $2, 000, 000 $ 30.11 8.96 Electrical contracts under $2,000,000 $ 27.15 8. 64 * SUFL2009-207 08/05/2009 Rates Fringes CARPENTER $ 15.30 2.54 CEMENT MASON/CONCRETE FINISHER $ 12.30 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 11.97 2.23 HIGHWAY/PARKING LOT STRIPING: Painter $ 13.31 0.00 IRONWORKER, REINFORCING $ 14.50 1.37 IRONWORKER, STRUCTURAL $ 16.75 3.88 LABORER: Asphalt Shoveler $ 10.70 0.00 LABORER: Common or General $ 10.19 1.55 LABORER: Flagger S 12.75 0.00 LABORER: Grade Checker $ 10.50 0.55 LABORER: Landscape & Irrigation $ 8.77 0.00 LABORER: Luteman $ 10.32 0.00 16A38 . LABORER: Mason Tender - Cement/Concrete $ 12.00 1.80 LABORER: Pipelayer $ 11.63 2. 65 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) $ 11.23 1.96 OPERATOR: Asphalt Paver $ 11.52 0.00 OPERATOR: Asphalt Plant $ 12.20 0.00 OPERATOR: Asphalt Spreader $ 10.76 0.00 OPERATOR: Auger $ 19.40 0.14 OPERATOR: Backhoe Loader Combo $ 15.33 0. 97 OPERATOR: Backhoe/Excavator $ 15.50 2.28 OPERATOR: Boom $ 16. 61 0. 00 OPERATOR: Bulldozer $ 13.71 1.55 OPERATOR: Crane $ 19. 94 1.37 OPERATOR: Distributor $ 11.47 0.00 OPERATOR: Drill $ 13.00 1.59 OPERATOR: Grader/Blade $ 14.32 0.00 OPERATOR: Loader S 12.83 1.29 OPERATOR: Mechanic $ 16.31 1.37 OPERATOR: Milling Machine $ 11.92 0.00 OPERATOR: Oiler $ 11.92 1. 91 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 12.42 0.86 OPERATOR: Piledriver $ 15.59 4.00 OPERATOR: Roller $ 11.14 0.00 OPERATOR: Scraper $ 10.70 1. 60 OPERATOR: Screed $ 10.82 0.00 OPERATOR: Tractor $ 12.78 0.00 OPERATOR: Trencher $ 13.41 0.49 16 A38 • PAINTER: Spray and Steel $ 16. 62 0.00 TRUCK DRIVER, Includes 10 • Yard Haul Away, A-Frame, Dump, Water Truck $ 12.50 0.00 TRUCK DRIVER: Dump Truck $ 10.05 0.00 TRUCK DRIVER: Lowboy Truck $ 14 .05 0.00 TRUCK DRIVER: Material Truck $ 12.76 9.80 TRUCK DRIVER: Tractor Eaul Truck $ 10. 64 0.00 TRUCK DRIVER: Water Truck $ 10.50 0.00 TRUCK DRIVER: Distributor, Dump, Lowboy and Tandem $ 11.30 2.26 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beg inning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the 16 A38 effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SO" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division 16 A38 • U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: • Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requester considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 16A38 TABLE OF CONTENTS PUBLIC NOTICE 3 PART B-INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 12 BID SCHEDULE 13 MATERIAL MANUFACTURERS 14 LIST OF MAJOR SUBCONTRACTORS 15 STATEMENT OF EXPERIENCE OF BIDDER 16 TRENCH SAFETY ACT 17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 19 BID BOND 23 BIDDERS CHECK LIST 24 CONSTRUCTION AGREEMENT 25 EXHIBIT A 1: PUBLIC PAYMENT BOND 32 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 35 EXHIBIT B: INSURANCE REQUIREMENTS 38 INSURANCE AND BONDING REQUIREMENTS 40 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 42 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 43 EXHIBIT E: CHANGE ORDER 46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 47 EXHIBIT G: FINAL PAYMENT CHECKLIST 49 EXHIBIT H: GENERAL TERMS AND CONDITIONS 50 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 79 EXHIBIT J: TECHNICAL SPECIFICATIONS 80 EXHIBIT K: PERMITS 81 EXHIBIT L: STANDARD DETAILS 82 EXHIBIT M: PLANS AND SPECIFICATIONS 83 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 84 ITB 13-6101 White Blvd Sidewalk Improvements 2 16 438 ' cotEso ier Comity Ain inishiuve Se can Purchasing PUBLIC NOTICE INVITATION TO BID Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW COUNTY BID NO. 13-6101 Separate sealed bids for the construction of Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW, addressed to Ms. Joanne Markiewicz, Interim 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 29th day of May 2013, 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. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW, Bid No. 13-6101 and Bid Date of May 29, 2013. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid ITB 13-6101 White Blvd Sidewalk Improvements 3 16 A38 Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within two hundred and ten (210) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 26th day of April 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: lsl Joanne Markiewicz Interim Purchasing and General Services Director ITB 13-6101 White Blvd Sidewalk Improvements 4 16 A38 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 12 — 24 as bound in these Bidding Documents plus insurance and bond forms). 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. ITS 13-6101 White Blvd Sidewalk improvements 5 16A38 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Signing of Bids 4.2 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. 4.3 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. 4.4 If Bidder is an individual, his or her signature shall be inscribed. ITB 13-6101 White Blvd Sidewalk Improvements 6 16 A38 4.5 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. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. 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 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 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 at the County's On Line Bidding System at http://bid.colliergov.net/bid/, 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 issued on the County's On Line Bidding System at http://bid.colliergov.net/bid/ 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. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. ITB 13-6101 White Blvd Sidewalk Improvements 7 16 A38 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. 8.2 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 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 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. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. ITB 13-6101 White Blvd Sidewalk Improvements 8 16 A38 Section 11. Award of Contract 11.1 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. 11.2 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 Procurement Specialist 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. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.collierdov.net/Index.aspx?page=762. 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Fl Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 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. ITB 13-6101 White Blvd Sidewalk Improvements 9 16 A38 Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 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 14. Use of Subcontractors 14.1 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." 14.2 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. 14.3 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. 14.4 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 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, ITB 13-6101 White Blvd Sidewalk Improvements 10 16 A38 • gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the 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 17. 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." • Section 18. Single Bid Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-contractor to any other firm submitting under the same ITB. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-contractor to any other firm or firms submitting under the same ITB. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. ITB 13-6101 White Blvd Sidewalk Improvements 11 16 A3 $ '4 • CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW BID NO. 13-6101 Full Name of Bidder Quality Enterprises DSA1 Inc. Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406 Place of Business Same Telephone No. 239-435-7200 Fax No. 239-435-7202 State Contractor's License# CBCA57231, CUC057398 State of Florida Certificate of Authority Document Number )195000002550 Federal Tax Identification Number 54-0947002 DUNS # 05 099 7386 CCR# N/A Cage Code OXMZ7 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other . means of construction, Including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents In the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the-sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: if you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages, ITB 13-8101 White Blvd Sidewalk Improvements 12 6 A38 1 BID SCHEDULE Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW Bid No. 13-6101 Bid Schedule Provided In Separate File ITB 13-6101 White Blvd Sidewalk Improvements 13 16 A38 4 0 0 0 : l0 O O O a0 O 00 l0 V) O O N • l Q1 V1 V co 00 N O N N 00 V) ‘-1 O M 0. V• t- m LO Cr) ei V1 VI CO .0 V7 M LO ... .. m V O N V1 ' V V1 .-1 C 40 is 00 V1 Q Al t� rl N 00 00 fY1 ei O Cr V7 M M N N.. F-': N tn. VT in VT VT in in 44 In VT tIT VT V} i). 0 0 0 0 0 0 0 0 0 0 0 0 O O l0 O O O O1 N l0 M 00 V1 V1 Q1 ei l0• O1 in in l0 V1 ri at eti N l0 01 00 N R N M lO N to l0 N O N e-4 e-4 M VT M O N VT N e-1 V1 .--I VT VT t/} dvt in i in F— E. 3 y O co 00 O1 c-I <-I e^1 i-i [71 p N Iy ,r`,..1 Q1 O i 00 in 915. r fh r " e1 N N e1 V 01 Ln s u N ate+ Z (1) co Cn cn >- u- U () U < } )- } >- ., = J J J J U J < < < w U 0 CO Cl) : a+ s 3 rl ° m eI VD s- M o dH 13 — , tu H E 0 o g W E E z D Q = W rt a w C L7 Cr N U C ' U 0 Y O 0 0 a Q C7 Z E Cn 1= a. Q Z w O H I fl, Z u t- w tX CO C� Q O J a Q Eci f•- Z . I- V) _ x j CC (7) Q Z W CO Z C) O O Q Q co ot7 LL W w Q IA QQ i z - O z Q 0 m. ■ 5 5 /' 2 w — Q m m Q U_ Q J Q 2 a 2 00 co Zi 2 0 2 cC W U) Q . OI- Q C .c o t c W co vi f0 c N d r r N CO t 1 r N r c? r N 7 f` r CO N r c Cl N h n O O 0 0 N O Z O O O O O O O O N N N ti CO (p r <-- <- r _ <- r Li, in 0 a--1 N V1 co n co 01 O e-1 N M ct Vl l0 y .-1 e-1 e-1 ei ey e-1 rl CO 2 Cri a a 16A38 1 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 furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: quality totjxprisgs _USA. Signature: . Date '51'29/11 Louis. J: 'Gaudio, Vice'Pzesi:den 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, Signature: Date: 1TB 13-6101 White Bfvd Sidewalk Improvements 14 16 A38 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 Subcontractor and Address 1. Electrical None- 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Quality Enterprises USA, Inc,. ter, Signature; __ _ . Date; 5/29/13 ou s J. Gaudio, Vice President ITB 13-6101 White Blvd Sidewalk Improvements 15 16 A38 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. Protect and Location Reference 1. North Collier Boulevard Improvements Mike Daniel, Mgr. Infrastructure Const. Marco Island, Florida City of Marco Island 239-825-9554 2. Davis Blvd. Sidewalks John Miller Naples, Florida Collier County Transportation 239-253-2459 3. Aqui Este Drive Improvements Kelly_Slaughter, Prnjert Manager Punta Gorda, Florida Charlotte County 941-575-3657 4. Riverview Boulevard Bridge Eyre Cash, P.E. , Protect Manager Bradenton, Florida Manatee County 941-708-7450, Ext. 7344 5. Basin III Drainage Improvements_ Gregg Strakaluse, P.E. Naples, Florida City of Naples 239-213-5003 6. Company: Dual Ent. USA Inc Signature: Date. 5/29/13 Louis J. Gaudio, Vice-Preaideitt ITE 13-6101 White 13Ivd Sidewalk Improvements 16 16 A38 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and In the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1, TInnP 2, 3. 4, 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Company: Quality Enterprises USA, IRe. • - Signature: _.. ". �"-' Dater 5/29/13 Louis J. Gaudio, Vice President ITS 13-6101 White Blvd Sidewalk Improvements 17 16 A38 ler County Administrative Services DiVsion Purchasing • Immigration Law Affidavit Certification Solicitation: 13-6101 Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to Include this Affidavit and acceptable evidence of enrolime in the E-Verif •rot ram ma deem the Vendor Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained In 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County1may 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 1988 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's! Bidder's proposal. Company Name Quality Enterprises USA, Inc. Print Name Louis J. Gaudio Title Vice President Signature _r Date 5/29/13 State of Florida County of Collier The foregoing Instrument was signed and acknowledged before me this 29th day of May 2013 , by Louis J. Gaudin who has produced N/A — Known as Identification. (Print or 7yp, Name) (Type of Identification and Number) Notary Public Signature :.: .; MYCOMMI.ssIONs►ro9ji0581 �„ • EXPIRES:February 11,2014 Marcie L. Cohen ,¢h Bonded'hreNota,ypt Underwater, Printed Name of Notary Public DD 940581 2/11/14 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 119 13-6101 White Blvd Sidewalk Improvements 18 16A3. $ EmployerWizard Page 1 of 1 -Veriry „ismt. waxaaw Vsc,u) Lau Lorn Employment Eligibility Verification EIL.EEN LITTLETON EUT886I 10:23 AM•1011$1201) Log Out . � � afim .mom .S*rr`s.:5 & o_.,.;:' •.r.,^'k':t .: 1.?�..i: .' .'c. .•�Y^,^.:i.,�?' ,..P�"dk.�-t% ,... Na,�'2 c -.. n.. _.'.5'^' Home Company Information My Cases Naw Cage Vow Cases ; Company Name: QUALITY ENTERPRISES USA,INC My Profit* j Company ID Number: 234210 Edit Roille Doing 9uedneme As(DIM) Change Paeswo:d i Name: Change Security Questions DUNS Number: my Company Physical Location: Mailing Address: Etta Company Profile t Addroas 1: 208 TINTERN CT Address 1: Add New User Address 2: Address 2: View Existing Users City: CHESAPEAKE City: Close Company Account State: VA Slate: My Reports Zip Code: 23320 Zip Code: View Reports County: CHESAPEAKE CITY My Reaourtea f Additional information: View Essantlal RReaources Employer Identification Number:540947002 TakeTUtotial Total Number of Employees: 100 to 499 Vow User Manuel Parent Organization: Contact Us t Administrator: QUALITY ENTERPRISES USA INC Organization Designation: Employer Category: Federal Conlracior without FAR E-Verify Clause lI _..t NAICS Code: 2313•SPECIALTY TRADE CONTRACTORS f . Total Hiring Sitas: 1 • \°tt + Total Points of Contact: 3 `''0 'i Il" I I U.S benanmeht d Harm:Mod BeUUalyy•Www sRia voe U.S.CiIad+ahlp and ier rayrMfon Stevieaa•Ynav4.111iCA oaV ACOLOIAIV CIONeklatt Meier haps:Ne-verify,uscis.govlernp/ErnploycrWiZard.agpx 10119/20..1.0 16 A38 .. . C.,o1Pe�r. County • A,dministraove Servers Division Purchasing • COLLIER COUNTY SOUCITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following Information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Quality Enterprises USA, Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 3894 Mannix Drive, Suite 216 City Naples State Florida zip 34114-5406 Telephone 239-435-7200 FAX 239-435-7202 Email LGAUDIO @QE—USA.COM Order information Remit I Payment Information Address Same Address Saute City State Zip City Slate Zip FAX FAX Email Email • 2. Company Status (check only one) • _Individual i Sole Proprietor X Corporation __Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification • (D,=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 54-0947002 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form • Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature_ Date 5/29/13 Louis J. Gaudio Title Vice President Phone Number 239-435-7200 ITB 13-6101 While Blvd Sidewalk Improvements 19 • 16A381 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time Is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and eighty (180) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida - County of collier Louis J. Gaudio , 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. Louis J. Gaudio , 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. 173 13-6101 While Blvd Sidewalk Improvements 20 (a) Corporation 16 A38 The Bidder is a corporation organized and existing under the laws of the State of Virginia which operates under the legal name of Quality EntergrtsQs USA. Inc. , and the full names of its officers are as follows: President Howard J. Murrell Secretary Stacey L. Murrell Treasurer Manager, _ '_-d—te--ci contracts for tic co •. ► •y ac ion • •- = • s--taken � tified copy r f whic• ' -- _ • - •- last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is ITB 13-6101 White Blvd Sidewalk Improvements 21 16 A38 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 5/29/13 Quality Enterprises USA, Inc. �� Legal entity .. � lam„ .I / BY: Louis J. Gaudio Witness Ian J Sch I z Name of Bidder(Typed) Witness Eduardo a s'repo Signature Vice President Title 3894 Mannix Drive, Suite 216 Naples, Florida 34114-5406 Incorporated in the State of Virginia STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 2grhday of May , 20 13 , by Louis J. Gaudio , as Vice President of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He/she is personally k own to me or has produced N/A as identification and did (did not)take an oath. My Commission Expires: 2/11/14 (7k?,14oZAW4/-- �__�, (Signature of Notary) $0.76 MARIE L COHEN _o, MY COMMISSION NAME. Marcie L. Cohen +.,k ,`w{' EXPIRES:reoruery 11,2014 (Legibly Printed) 9mad Pim Notary WWw Uncanaltais (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.:DD 940581 IT3 13-6101 White Blvd Sidewalk Improvements 22 • 16A381s • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we QuaSty Enterprises USA,Inc. (herein after called the Principal) and Fidelity and Deposit Company of Magiand , (herein called the Surety), a corporation chartered and existing under the laws of the State of Maryland with its principal offices in the city of Schaumburg and authorized L to do business In the State of Florida are held and firmly bound unto the Board of Count}_Commissioners,Collier County,Florida (hereinafter called the .Owner), in the full and just sum of -rive-percent-of-amount-sld-- dollars ($5%-of raid— ) 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 !TB 12-Sidewalk Improvements White Boulevard from Weber Blvd S to 25th S# SW. 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 1~ event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, L and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$5%-of-aid- 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 29th day of May , 20 13 , • Quail Enterer u •, I• Principal BY (Seal) A 'urre , President Fidel) .•' De• •sit Com• n of Ma and Surety \.2ttru, /Alit � • (Seal) Terri K.Strawit nd e 1 a Countersigned .,1_. L.. Nor Clinton J. Di•- Local Resident Producing Agent •r Fidelity and Deposit Company of Maryland ITS 13-6101 White Blvd.Sidewalk Iniprzvements 23 ({ { 16A38 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the"Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Mark C.BUNDY,Tammy A.WARD,William E.CRAWLEY,Terri K.STRAWHAND and Kathryn SNELL,all of Virginia Beach,Virginia, EACH its true and]awful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 3rd day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND $ /,.moo 3 ~ a�t 3' rb SEAL = 1a) .,,,, .' Ni twa"I3 ati i,L, �s (u,�— • 11 t‘ • By. • eissistara Secretary Yice President Eric D.Barnes Thomas O.McClellan State of MarylandFOR YOUR PROTECTION, City of Baltimore LOOK FOR THE ZURICH WATERMARK On this 3rd day of May,A.D.2612,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and with,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the'Corpotate Seals of said Companies,and that the said Corporate Seals and the signature m such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. „4.;;.1 11.°),p, DTI ri O'2 `A..,�4i tt . f, Ill/L1,~ Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 • POA-F '176-3814A 16A38 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds,.policies, recognizances,stipulations,undertakings, or other like instrunitents on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vico-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. JST1MO WHEREOF,I have l e affixed subscribed my name and axed the corporate seals of the said Companies, thi ay of ,20 • BiAL , ir» ism .r. zeigiffer • Geoffrey Delisio,Vice President • 16 A38 • 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, grant forms, 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. Collier County's Substitute W-9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 10.Any addenda have been signed and included. 11.The mailing envelope-has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: Bid Number; aProject Name; Opening Date. 13.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 Quality tet e E rprrises USA_, Inc Bidder Name r Signature &Title Louis J. Gaudio, Vice President Date: .5/29/13 ITS 13-6101 White Blvd Sidewalk Improvements 24 6 A38 .1 Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance I Bond Type Required Limits • 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, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 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-ownedfHlred;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 claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence IT8 13-6101 White Blvd Sidewalk Improvements 40 16 A38 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. Afl 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 borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-'or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 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. .El 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 of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 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 Quality Enterprises USA, Inc. Date 5/29/13 Vendor Signature • Print Name Louis J. Gaudio, Vice President Insurance Agency Rutherfogrd Agent Name Herb Moss or }loather Garrett Telephone Number 757-456--0577 I r6 13-6101 White Blvd Sidewalk Improvements 41 . 16A38 • ,t S tate of Florida Department of State I certify from the records of this office that QUALITY ENTERPRISES USA, INC. is a Virginia corporation authorized to transact business in the State of Florida, qualified on May 25, 1995. The document number of this corporation is F95000002550. I further certify that said corporation has paid all fees due this office through December 31,2013,that its most recent annual report/uniform business report was filed on January 9, 2013, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital,this is the Nineth day of January,2013 - -7 ? .fig _", �' VIIAN 04 A ,2):'1'.:'1/1°. - `'° fla.•-,`3.F�° ` Secretary of State Authentication ID:CC4177151229 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efle,sunbia.o rglcertau thver.html STATE OF FLORIDA 16 A 3 t,44Li DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 •''`' 1940 NORTH MONROE STREET x°60 -o TALLAHASSEE FL 32399-0783 MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF LN NAPLES FL 34105 TATE o;F('ORl A AV 6,.4.1..9 9$ Q.1 Congratulations! With this license you become one of the nearly one million `� ti Floridians licensed by the Department of Business and Professional Regulation. D8f,t6V MS TT AL BUSITAT. ON37 Y P e9 i o �o' PR�PESIOf�QAL�&EGt7LA�` ON ' Our professionals and businesses range from architects to yacht brokers,from ! + + • boxers to barbeque restaurants, and they keep Florida's economy strong. ! CBCA57237. I�JQ1t •12 /28003$ 9 Every day we work to improve the way we do business In order to serve you better • i *C4 5• For Information about our services,please log onto www.myfiorldallcense.com CERTIFIE931• .X ,aC+ RACTflB There you can find more information about our divisions and the regulations that M t RELL, a = N �+T u 'R�� - 'impact you subscribe to department newsletters and learn more about the QUALITY ;ION>H 914I5' 4 VF3An SNC Department s initiatives. ; , Our mission at the Department is: License Efficiently, Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. I • _$ CERTIP 3SD inaer me`proviaious of CIi;A89 P$ Thank you for doing business in Florida, and congratulations on your new license �cvirseio a.e , 1"AUQ 31, 2Q14 ` 1 ' ' ,b .61 DETACH HERE • --THIS DOCUMENT RAS A COLORED El ACKGROUND•MICROPHir flNG•LIr4 iARK''PATENTED PAPER -- - STATE.•0F FLORIDA DEPARTMENT OF BU52NE�v }1ND PROFESSIONAL REGULATION ' CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L12070700161 f; Z DATE BATCHNUMEER LICENSE 07' .07 The BUILDING CONTRACTOR •'. , � ``x Named,below IS CERTIFIED �. Under the' provisions o Expiration date: AUG 31, 2014` h 3 4 y �'" M• MURRELL, HOWARD'.J JR: UALIITY ENTERPRISES.: USA', QUALITY MANNIX DRIVE #216 • NAPLES FL 34114 • RICK SCOTT J KEN LAWSON GOVERNOR ;, ' SECRETARY DISPLAY AS REQUIRED BY LAW STATE OF FLORIDA 16 A 3 8 DEPARTMENT OP BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 497-1395 • 1940 NORTH MONROE STREET rtiø TALLAHASSEE FL 32399-0783 • MURRELL, HOWARD J JR QUALITY ENTERPRISES USA, INC. 2827 SILVERLEAF LN NAPLES FL 34105 STATE Or FOR1i1S Congratulations! With this license you become one of the nearly one million I DEpA. TMENT OF BUSINESS Floridians licensed by the Department of Business and Professional Regulation. .p.R0.1mSsz,oitab.,:ggGt,441a101s0 Our professionals and businesses range from architects to yacht brokers,from i )".-.!:!;!„V.".th.„ boxers to barbeque restaurants,and they keep Florida's economy strong. rducog719 8 14'07,d441;2 12800383 9 Every day we work to improve the way we do business in order to serve you better, , . For information about our services,please log onto www.myfloridalIcensa.com. CERT 1..a7.N10* There you can find more information about our divisions and the regulations that !:;: MURRELL impact you,subscribe to department newsletters and learn more about the I VAL try EN E5tV.- 01:1070.: TNC. Department's Initiatives, Our mission at the Department Is:License Efficiently,Regulate Fairly.We constantly strive to serve you better so that you can serve your customers. ,OBIRTIFZi4D Lia,der:tie Dtovi-eiats of fi 9 rm •;•-. Thank you for doing business in Florida,and congratulations on your new license! •,• • n't • 613 •;: LgxifirOion data :f..W.! T„'•, ■•:+1,20 3 1 3 , :‘.•`.);; ••■ t",1" DETACH HERE THIS DOCUMENT HAS A COLORED BACKGROUND•mcROPRINTING•LINEIC+1ARKr"PATENTED PAPER •• • AC t. 6'10 1'01 2,, . STATE.OF FLORIDA .."' ..• -:-DtPARt1lEilT40&'‘"I3t3SIRESS AND PROFESSIONAL ',REGULATION . , CONSTRUCTION INDUSTRY .:LXCENSTNg. BOARD SEQ#L12070700313 • " . ' - .•;$ ';;: DATE.- HATCH NUMBER LICENSE NBR . • ,. 01' -Ot 7012 128003839 Ctic o onk*" . .. 1 . . The- UNDERGROUND trirttitiV 4.:::ExcAvATION:oz r 1 Name c1,-be IS CERTIF1D Under the provisions ot''-thapt0FS...' Expiration date: AUG 31, 2014 ;•;i".7•;A•1::;K:::••: 1' • • MURRELL, HOWARD J JR QUALITY ENTERPRISES l$,2v; 3894 MANNIX" DRIVE #216 NAPLES . FL 34114 : • RICK '.SCOTT ,.; „ : . KEN LAWSON , „ GOVERNOR ' • ; ; - SECRETARY DISPLAY AS REQUIRED BY LAW 1 6 A 3 8 .,-- - . . . .•. COLLIER CouNTy.BUSINESS TAX :: -411.1plistSk-70.-filt1mBAR: 091.28; ... COLLIER COUNTY TAX.COLLEOTOR-2800 N;HORSESHOE DRIVE NAPLES ELORIDK441N-7-0)02;2477 • ' " ' VISIT OUR WEBSITE AT:www.colliertax.c.am . . • . THIS RECEIPT EXPIRES.SEPTEMBER30, 2013 -„--:,,,ck,: DISPLAY At PLACE OF BUSINESS FOR PUBLIC INSPECTIQN LOCATION:.-3894.NIANNOi DR#216 • % % ;4.--;..4,! :11.--; -:,;‘.:FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. . . ZONED: - COMM/POD .' ‘,,, „,,,,*.kEt,ALFftl* „\\. 4.„, - inIS TAXIS NON-REFUNDABLE .- - . 1 BUSINESS PHONE: 435-7200 • .. .f,: , '4 , '..0._. do CORPOBATION .1 -...'4 .....N •• 1 c. i..-: j'A'Ft7,- ",:"-,.1. ,-Jt.,-,,.., .'-:" '" ' A - ..- .7 ,e-;:':11-‘• 1,5i :,:•--t. .,•-;, '‘••.:-.,, I STATE LIC: CB CA.57231 .•.'. '. .--: -... - .i . :.:f.' :,_. QuAk.ITY4titERRtso 0,6,!(19.;..:,.) j iviuiREC1 AipwAripq1R: :4-;., I . i 3894 MANNIX DR#216 . • a --'n-... . ' .:,•..,.7 f-'1' 1 i',-:7' 1:- :7, ::::-;: ':.-7.-■ .:-:.--' -;_:'1'' .-, lr ; '-'-',4,'r,r- ,.7;i' ;40" ''-,,,' /44 ...?=^ , " . ' •' :-:':";:'..F.:.' -':"';''1,7-%: ''..::.;'; :.''''.i:.7"':: r • lli 7.---;;:;. li."-f4i((4*;" -2,..;:-§:' , :: .' : .. . : ': :' r* NUMBER ,- „...". % N OF EMPLOYEES: 31,40 EMPLOYEES ...:cy,,,,,t "',44„.,„„.01-...'''' oe,"•••',.rf CLASSIFICATION BUILDING CONTRACTOR ' ..:: .SI '.:;77.. Cf.% , , C",,.• . . Tr--_;:.;:.4.1:t- .Z. ,. ._..i,tAir,l,..i 08101/2012 CLASSIFICATION CODE: 05104804.-..?-:: '.. '- ::" ,.;.-,.., 5 r —,se,A..j.r.2.,..::-.-. . . '-4-.7,-,:,--i- '‘,, , '2. / =:i 1,1Ny 7240 -:..,7 -. . . - '1-.-1- '''2' .-sfikailiii 2871.42 This Pocument Is a business fax only.This is not certifi cation that licensee is qualified. . II'poes n'OpermIt-theliConsee to violate any existing regulatory zoning laws-pi ti*state4ounty::Or cilles, i . -44t14, .,. . , Ve :,,. :,-,1l•-` nor does It exempt the licensee from any other taxes or permits that may befecttilrecttfi law --..-,F,-C;2' ..-';:'f '217;:;, ., , ., •" ‘• f -:-f.. 4 ... ' • • . , .....,.. , , , •-. :'' -•-• - . - •' • : COLLIER COUNTY BUSINESS TAX '13USINESSLTAXNUMBER: 013830 COLLIER COUNTY-T.4 COLLECTOR-2800.N.HORSESHOE DRIVE NAPLES EglRID41,04,',( 3-9);§.22477 •--..... '...•-;—:" --.:, VISIT OUR WEBSITE AT:vpoivi:colilertax.cdm --;',-,'Sl' '..-- .., -n.- THIS RECEIPT EXPIRES SEPT MB i0, .2013. "— . . - ----. .f.,,;__--Vi . -._. "'S --,G °1;f1, 01.4.kri LACE CF BUSINESS FOR PUBLIC INspEcTiotii -‘.',..LocAfioni.::- ssAiMit■IIX.DR#216 ,7\01 . ..,,-4,4..,„.L._- .yir 1• -.:,-,,,-7FAILl.iR1,70 DO SO IB CONTRARY TO LOCAL LAWS..'''',..5:i,:r •ZONECI: ' 'COMilil/PUD .:-...N., ,r4tEGAL;F°M611'4;Ifi./VC. ' •' THIS TAX IS NDIV-REFUNDABLE r 1,.; ,tr CORPORATION-,,.. i 7 BUSINESS PHONE: 435-7200 .._1 ..:. r::.: ',;(1 ,..e. .„,,., -,:f:" 4-r.-4.An. ),_ - ' ,.:! ,-.,-11;10,..,i; ..-::;= STATE LIC: CUC 057398 ''-- 's . '• f '7 -f.f`i, .).7 -"g."1% N-C.. P-.4 .\ . QuALvtwet RISES UtA IN •',..-.;. ..'-. -:..: ..i. ':::47:. 7' 1 \ ' 7-s • mURREIZVATA001•01R0 ,:•;'P'-. , .' - • ,.. IP ' .f.' ..,"..., 5 i I ' 1.. 3394 MANN0(DR#216 , - 1 ' ....J-__„‘„I: ,-...,,,..., k_.-. e;,-.NAPLES FL 34114-5408 ti 1.. - .., . __...- 7vy--..;:vk.▪t.V;:.jr;' i7'.. 'i V , 4".4: : -;.-.: 4.,-4'..r.': v ..,,4), *„ .3.•-. - ,11.-. 4c7Sis•-•-.1 --...,3 I ,.. . .41 ,,... . NUMBER OF EMPLOYEES: 31-40 EMPLOYEES .....MI** •.''‘,,,0) ,. . ' ... ).:;:fZ .;:;:.• .,. '' `-f-': .:.; DATE 08/01/2012 CLASSIFICATION:UNDERGROUND UTILJEXCAVATING CONT ...Fe e'r.,,,2 -_-.. • - -.. -•.- -- . ] . , -, .._. , . .: L1‘,.T.'. ;.".' '....,•,'.:: .': ',-OWIOV,K11 72.00 CLASSIFICATION CODE: 051028414'::-.-: ,--,: :-• - .. ,: - '.4' '~-,--------- ' ''':: i.' •rt'. •••• I;1:tECEIPT 2872.42 I This document Is a business tax only.This is not eerlificiiilon that-licensee Is qualified. it does not permit the licensee to violate any existing regulatory zoning laws.of the..stateiico_untypr cItl _ 441410, nor does It exempt tife_licensee from any other taxes or permits that may be-tectrAred-p'y l' il!iff •75:•,*: .7?::: li'. ,_. I 16A38 . . . • RECEWED Jun 0 2 2005 Florida Department of Transportation JEB BUSH 605 Suwannee Street Jost ABREU GOVERNOR Tallahassee, FL 32399-0450 SECRETARY May 25, 2005 Mr. John L. Murrell Quality Enterprises USA, Inc. 3894 Mannix Drive Suite 216 Naples, Florida 34114-5406 RE: EEO AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr.Murrell: The Equal Employment Opportunity Affirmative Action Plan submitted by: Quality Enterprises USA,Inc. has been approved. Please update any changes to your plan as they occur. It will not be necessary for you to submit a new plan unless there has been a change in the designation of your EEO Officer or Supervisory Minutes. If you need any additional information,please call Sylvia Barge at(850)414-4742. S' cerely, ( 11/01/4-03"-t___, Sylvi C.Barge State Contract Compliance Administrator Equal Opportunity Office SCB/abg Attachment(s) www,dot,state.fl.us ®RECYCLED PAPER 16 A3 $ II F:QU L OPPORTUNITY OFFICE; 'N-41114 R.�. .. x: 27 "ff QUALITY ENTERPRISES AP' ,z 4 4 y - - : � 1g USA, INC. A „ • August 1,2004 • EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Quality Enterprises USA, Inc. has followed an established policy of nondiscrimination in all matters relating to employment practices and procedures and to the treatment of its employees. Accordingly, it is now time to reaffirm this longstanding policy. The policy of Quality Enterprises USA, Inc. is to provide equal employment opportunity without regard to race, color, age (40 and above), sex, national origin, religion, disability or veteran status where otherwise qualified in accordance with federal, state and local law. Our corporate policy emphasizes equality of opportunity for all persons with respect to hiring, placement, pay upgrading, and other employment-related status changes, and in all other matters concerning how applicants for employment and our employees are treated. We are committed to selecting and employing the best and most qualified person available for each job opening without unlawful discrimination of any kind. Moreover, the Company has developed affirmative action programs-for females and minorities, disabled persons, special disabled veterans and Vietnam Era veterans. In this regard, disabled persons, special disabled veterans and Vietnam Era veterans are invited,but are under no obligation, to identify themselves, if they wish to do so. This information will remain confidential and will be used only for purposes allowed by the applicable federal laws and regulations. Refusal of an employee or applicant to provide such information will not subject him or her to any adverse treatment. The Administrator has the overall responsibility of coordinating all aspects of our Affirmative Action Plans. She will keep me informed of our progress and will also keep managers and supervisors informed of our status so that they will be better equipped to achievethe objectives of these plans. The Company's Affirmative Action Plans may be made available for review upon request and at a mutually agreed-upon time.during normal office hours. Employees having questions regarding our EEO policy or the implementation of our Affirmative Action efforts should seek the answers from the Administrator or other members of management. P esid.. t ": ARTMENT OF TWISPORTAT;C:+ ti.QUA OPP RTUNITY OFFICE Y fi /O t/ APPROVED: Date 1 f DISAPPRLOOVE1 5) DATE: D . • 16A38. i 41 AFFIRMATIVE ACTION PLAN FOR QUALITY ENTERPRISES USA, INC. Inclusive dates of the AAP: August 1,2004 to July 31,2005 Program completed by: Nancy Arthur Title: Administrator Telephone Number: (757)548-8000 • Program read and approved by: John L.Murrell Title: Vice President Telephone Number: (757) 548-8000 Name of Company: Quality Enterprises USA, Inc. } Location of Company Headquarters: 208 Tintern Court Chesapeake,Virginia 23320 Contractor License No.: For Virginia 2701021474A;For Florida CBCA57231 Employer Identification No.: 54-0947002 Dunn&Bradstreet No.: 05 099 7386 SIC No.: 235990 wvao{h I 16 A38 1111110:0111, ..711M10112.3s=acd.a. QUALITY ENTERPRISES.USA,INC. Affirmative Action Preface Privileged and Confidential Information This Affirmative Action Program contains privileged information. It also contains confidential information which is subject to the provisions of 18 U.S.C. Section 1905. Chrysler Corp. v.Brown,441. U.S. 281 (1979). Copies of this Program and the related appendices, documents and support data made available to federal, state and local governments are done so upon the request of the government and on the condition that the government hold them totally confidential and not release copies to any person whatsoever. This Affirmative Action Program and its appendices and other related documents contain confidential information which may reveal, directly or indirectly, Quality Enterprises USA's plans for business or geographical expansion or contraction. Quality Enterprises USA considers its • Affirmative Action Program and related documents to be exempt from disclosure, reproduction and distribution under the Freedom of Information Act upon the grounds, among others, that such materials constitute: (1) personnel files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy, which are exempt from disclosure under 5 U.S.C. Section 552(b)(6); (2) confidential, commercial or financial information,which is exempt from disclosure under 5 U.S.C. Section 552(b)(4); • (3) investigatory records compiled for law enforcement purposes, the production of which would constitute an unwarranted invasion of personal privacy, which are exempt from disclosure under 5 U.S.C. Section 552(b)(7)(c); and (4) matters specifically exempted from disclosure by statute, which are exempt from disclosure under 5 U.S.C. Section 552(b)(3). Notice is hereby given pursuant to 41 C.F.R. Section 60-60.4(d) that this Program be kept confidential. Quality Enterprises USA does not consent to the release of any information contained in this Affirmative Action Program. If the U.S. government, or any agency or subdivision thereof, is considering disclosure of this Affirmative Action Program or any portions thereof or is considering a request for release of this program under the Freedom of Information Act, Quality Enterprises USA requests that the government immediately notify the undersigned of any and all Freedom of Information Act requests received by the government or any other contemplated release of this program by the government. Quality Enterprises USA further requests that everyone who has any contact with this Affirmative Action Plan or its supporting appendices,documents or other data, treat such information as confidential and that such information not be released to any person. 1 16A38 Meaning of Certain Terms and Representations In the preparation of this program the terminology used in Executive Order 11246 and its implementing regulations has been used as a guide. Therefore, the use of such terms as "uncderutilization", "deficiency", "concentration", "affected class", "problem area" and availability' etc., or the identification of a "problem area" should not be construed as an admission that Quality Enterprises USA has engaged in impermissible conduct. Further, nothing contained in this program or its supporting data should be construed as an admission by Quality Enterprises USA that it has contravened any federal, state or local employment practice laws. Whenever the term"goal"is used, Quality Enterprises USA intends that it"should not be used to discriminate against any applicant or employee because of race, color, religion, sex or national origin,"as stated in 41 C.F.R. Section 60-2.30. All representations made in the Plan are intended merely to serve as a guide for Quality Enterprises USA's affirmative action efforts and are not binding contracts. These representations do not constitute an admission that Quality Enterprises USA committed any illegal discrimination or other act. Furthermore,this Affirmative Action Plan(AAP) does not in any way create a third party employment contract between any employee or 1 applicant for employment and Quality Enterprises USA. • • • • 16A38 41 I. AFFIRMATIVE ACTION COMMITMENT PRELIMINARY STATEMENT Quality Enterprises USA has prepared this affirmative action program as a re-affirmation of its commitment to equal employment and affirmative action. In developing and implementing this program, Quality Enterprises USA has been guided by its established policy of providing equal employment opportunity. Any goals which are established herein are not intended as rigid, inflexible quotas. The use of goals in this program is not intended to discriminate against any individual or group of individuals with respect to any employment opportunity for which he or she is qualified on the grounds that he or she is not the beneficiary of affirmative action. Nothing herein is intended to sanction the discriminatory treatment of any person. Thus, this program has been developed in strict reliance upon the Guidelines on Affirmative Action issue by the Equal Employment Opportunity Commission (EEOC) (29 C.F.R. Part 1608) and advice from the Office of Federal Contract Compliance Programs. This is a good faith effort to achieve the goals set forth. Quality Enterprises USA has adopted a set of specific and result-oriented procedures to which we, as a company, are committed. The procedures, coupled with our good faith efforts, will ensure equal employment opportunity. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION Quality Enterprises USA's equal opportunity/affirmative action policy is founded on sound business judgment and underlying principle of respect for the individual. It is the firm policy of Quality Enterprises USA to provide equal opportunity for all qualified employees and applicants for employment in all employment and personnel-related matters without regard to race, color,national origin, sex, age,religion,disability or veteran status. Quality Enterprises USA will recruit, hire and promote based on job-related requirements and individual qualifications. Positive and affirmative action will be taken to ensure the fulfillment of this policy as to: hiring, placement, upgrading, transfers and/or demotions; recruiting, advertising and/or solicitation for employment; treatment during employment; rates of pay and other forms of compensation; employee benefits; selection for training and development; social or recreational programs; and layoffs,terminations and/or leaves of absences. Implicit in our equal opportunity/affirmative action policy is a work environment free of unlawful harassment based on sex, race, ethnic origin,religion, age, disability or veteran status. Quality Enterprises USA will provide prompt, impartial examination and effective resolution of complaints in keeping with its belief in the dignity and rights of the individual in compliance with the law. 16A38 } Quality Enterprises USA is committed to obtaining individuals qualified and/or trainable for its positions by virtue of job related standards of education, training, experience and personal qualifications. It is committed to providing an environment that allows employees to achieve their full potential unencumbered by unlawful discrimination. All Quality Enterprises USA supervisors and management personnel have the responsibility to set an example for others and to fully comply with our equal opportunity and affirmative action policy and ensure it is honored in all of our business activities. Quality Enterprises USA assures the full realization of this stated objective through a continuous procedure of monitoring and reporting. REAFFIRMATION OF EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION POLICY The undersigned affirms full support for the Affirmative Action Policy. 3•- L. Murrell tovooa3v1 16A3 PLORXDA 0.0.T. QUALITY ENTERPRISES "�"`x USA , INC. 21165 Lk.#CB-CA5723 I Jr Equal Employment Opportunity As- Quality Enterprises USA, Inc. has followed an established policy of nondiscrimination in all matters relating to employment practices and procedures and to the treatment of its employees. Accordingly, it is now time to reaffirm this longstanding policy. The policy of Quality Enterprises USA, Inc. is to provide equal employment opportunity without regard to race, color, age (40 and above), sex, national origin, religion, disability or veteran status where otherwise qualified in accordance with federal, state and local law. Our corporate policy emphasizes equality of opportunity for all persons with respect to hiring, placement, pay upgrading, and other employment- related status changes, and in all other matters concerning how applicants for employment and our employees are treated. We are committed to selecting and employing the best and most qualified person available for each job opening without unlawful discrimination of any kind. Moreover, the Company has developed affirmative action programs for females and minorities, disabled persons, special disabled veterans and Vietnam Era veterans. In this regard, disabled persons, special disabled veterans and Vietnam Era veterans are invited, but are under no obligation, to identify themselves, if they wish to do so. This information will remain confidential and will be used only for purposes allowed by the applicable federal laws and regulations. Refusal of an employee or applicant to provide such information will not subject him or her to any adverse treatment. The Company's Affirmative Action Plans may be made available for review upon request and at a mutually agreed-upon time during normal office hours. Employees having questions regarding our EEO policy or the implementation of our Affirmative Action efforts should seek the answers from any other members of management. • 208 Tintern Court 3894 Mannix Drive,Suite 216 300-A Piedmont Ccurt Chesapeake, VA 23320 Naples, FL 341 14-5406 Atlanta, GA 30340 (757) 548-8000 (239) 435-7200 (678) 728-0038 Fax (757) 548-2600 Fax (239)435-7202 Fax (678)728-0039 16 A38 1 RECEIVED NOV 3 0 2007 Florida Department of Transportation CHARLIE CRIST 605 Suwannee Street STEPHANIE C.KOPELOUSOS GOVERNOR Tallahassee, FL 32399-0450 SECRETARY November 28,2007 Ms. Susan J. Schultz Quality Enterprises USA, Inc. 3894 Mannix Drive Suite 216 Naples, Florida 34114-5406 RE: EEO AFFIRMATIVE OFFICER INFORMATION Dear Ms. Schultz: The Equal Employment Opportunity Officer Information submitted by: Quality Enterprises USA, Inc. has been received and added to the Equal Opportunity Reporting System. If there is any change to your EEO Officer this information must be reported to the Equal Opportunity Office at once. If you need any additional information, please call Sylvia Barge at(850) 414-4742. erely, Sylvia ' . Barge State Contract Compliance Administrator Equal Opportunity Office SCB/cg Attachment(s) www.dct.State.fl.us :i RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 61JALA2C1314149 NOTIFICATION TO FDOT OF EEO OFFICER 01ro7 11 - 4 • • Mail signed original to: FOOT E•uai Opportunit Office , 605 Suwannee Street-MS 65, Tallahassee, Fl 32399-0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2.. FEUD No.: Quality Enterprises USA, Inc. 54-0947002 3. Home Office Mailing Address:(street) 4. Home Office Mailing Address:(city,State,Zip)) 3894 Mannix Drive, Suite 216 Naples, Florida 34114-5406 5. Main Phone Number: 6. Fax Number: 239-435-7200 —�`_— 239-435-7202 7. What is being Initial EEO Officer Notice to FOOT New Person A ointed A..ointee Chan.ed Name Contact Data Chan:ed Changed? ■ Yes -1 No i3 Yes No • Yes .i No Yes No Section 2: EEO OFFICER IDENTIFICATION 2. Name of EEO Officer(first name, middle initial,last name) 9. EEO Officer's Working Title: Susan J. Schultz ' EEO/Project Administrator 10. Work Address of EEO Officer:(Street) 11. Work Address of EEO Officer:(city,state,zip) 3894 Mannix Drive, Suite 216 Naoies, Florida 34114-5406 12.EEO Officer Phone Number: 13. EEO Officer Fax Number 239-435-7200 _ 239-435-7202 14. EEO Officer email address: sschultz©qe-usacom Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) is made to the Florida Department of Transportation and the U,S. Federal Hi-a I,ay Administration (FHWA). ( understand that additional Information regarding the EEO Officer, e Ec• Policy and other aspects of the construction contract compliance program may be found in t = EE' Cons u on Contract Compliance Workbook. 2 15.Appointing Offida s Signatu a: 16,Date: �f r,) 17. Official's Name:(printed) 18. Official's Title:(printed) Paul J. Moriart Vice President • (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed/Oit a d Last - ) 20. Date Processed:(mddaylyr) M/IIL1� . �. l l cz i 015TRIBUTIOk: rl! to FDOT - •• ce Tiles:Copy:Mailed in Contractor • UPDATE ACTION: Input in FOR 5 stem d ;_iii ,. 74'x€0 . X.i,it, . APPROVED' clSAPPRROyE ' DATE:_11 "`"' 16A38 0 QUALITY ENTERPRISES • September 20, 2007 y Ms. Sylvia C. Barge State Contract Compliance Administrator CERTIFIED MAIL FOOT Equal Opportunity Office RETURN RECEIPT REQUESTED 605 Suwannee Street— MS 65 Tallahassee, Florida 32399-0450 RE: EEO Affirmative Action Plan Dear Ms. Barge: Enclosed please find a Notification to FDOT of EEO Office. The only update to the EEO Affirmative Action Plan is the appointment of new EEO Office. Should you have any questions or require additional information, please do not hesitate • to contact me. Sincerely, ; ri 1 'Ilk Paul iJ. Moriarty Vice President PJM/ss Enclosure • ' 208Tintem Court 3894 Mannix Drive,Suite 2'6 ! • Chesapeake,VA 23320 Naples,FL 34114-5406 (757)548-8000 (239)435.7200 Fax(757)548.2600 Fax(239)435.7202 Lica C8CA5 231 16 A38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 700411-13 CERTIFICATION CONSTRUCTION COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY(EEO) PROVISIONS ON FEDERAL AID CONTRACTS DATE 5429/13 FIN PROJECT I.D. 429901-1-59.01 CONTIRACh NO. • 13-6101 Quality Enterprises USA, Inc. , prime contractor for the above referenced contract,hereby certifies that this company and all of its subcontractors have made every Good Faith Effort to comply with the EEO provisions of FHWA Form-1273(Section II. Nondiscrimination and Section III.Nonsegregated facilities)on this contract. Exception: The following subcontractor(s)have been found to be in noncompliance with the provisions stated above. Attached is notification sent to the respective subcontractor(s)explaining their noncompliance with these provisions. Subcontractor Name Subcontractor Name Street Address Street Address City/State/Zip City/State/Zip State of Florida A false statement or omission made In connection with County of Collier this certification Is sufficient cause for suspension, Sworn to and subscribed before me this 29th day revocation,or denial of qualification to bid,and a determination of nonresponsiblity,and may subject the of May ' 2013 by Louis J. Gaudio person and/or entity making the false statement to any (Print name of person signing Certication) and all civil and criminal penalties available pursuant to applicable Federal and State law, i;,�"�', Quality Enterprises USA, Inc. of"r¢c MARCIE1-owe1 Notary Pubic =, MY COMMISSION p DO 94058' Contractor EXPIRES:Fet)rusry 11,2C14 2/11114 • 0014144111t0 Nom Pu41k unMnx11918 Commission Expires ,ouis J. au o By Personally Known ® OR Produced Identification El Tice PresidPnr Title Type of Identification Produced Instructions: 1. Attach copy of any notifications of noncompliance sent to each applicable subcontractor. 2. List the subcontractors found not in compliance at the time of this certification. 3. A separate certification is required for each contract. 4. To be signed by an officer or director of the Contractor with the authority to bind the Contractor and notarized. 5. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the Friday before the monthly estimate cutoff date(generally the 3rd Sunday of the month). • 16 A38 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-52 CONTRACTOR'S AFFIDAVIT CONarnucTON 08/01 VEHICLE REGISTRATION State: Florida County: Collier BEFORE ME,this day personally appeared Louis J. Gaudio (Contractors Name) who says that all of the vehicles operated or caused to be operated by said Contractor,are registered in the State of Florida,in accordance with Section 320. Contractor's Signature TYPED NAME: Louis J. Gaudio POSITION: Vice President COMPANY NAME: Quality Enterprises USA, Inc. COMPANY ADDRESS: 3894 Mannix Drive, Suite 216 Naples, FL 34114-5406 State of Florida County: Collier _ Sworn to and subscribed before me this 29th day of May 2013 by Louis J. Gaudio (Print name of person signing Certification) (744;. �.: '•, MARCIE L COHEN •Notary Public 'r '!'. .'$ MY COMMISSION i CO 940581 r 1 EXPIRES:February 17,2014 2/11/14 pjr Bonded 11vu Nnhary Pupae undawrltera Commission Expires Personally Known r OR Produced Identification _ Type of identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: • 16 A38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275030-10 • CONSTRUCTION CONTRACTORS EQUAL OPPORTUNITY OFOF BID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399-0450 TELEPHONE: (850)414-4747 FAX: (850) 414-4879 This information may also be included in your bid or proposal package. Prime Contractor/Consultant: Quality Enterprises USA, Inn. Address/Telephone Number: 3894 Mannix Drive, Suite 216, Naples, FL 34114-5406, 239-435-7200 Bid/Proposal Number: 13-6101 Quote Submitted MM/YR: 05/13 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: 65-0595477 6. ® DBE 8. Annual Gross Receipts 2. Firm Name:GCE Services. Inc. ❑ Non-DBE ❑ Less than $1 million 3. Phone: 239-945-1781 ® Between $1 -$5 million 4. Address: P.O. Box 150052 ❑ Between$5-$10 million Cape Coral. FL 33915 7. ® Subcontractor ❑ Between$10-$15 million O Subconsultant ❑ More than$15 million 5. Year Firm Established: 19 s 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4, Address: 0 Between $5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1, Federal Tax ID Number: 6, ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: El Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 16A381 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-10 CONSTRUCTION CONTRACTORS EQUAL OPPORTUNITY OFFICE BID OPPORTUNITY LIST 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between $5-$10 million 7, ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address; ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsuitant ❑ More than $15 million 5. Year Firm Established: 16 A38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 276090-10 EQUAL OPPORTUNITY OFFICE CONSTRUCTION CONTRACTORS EQ ovoa BID OPPORTUNITY LIST 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-OBE ❑ Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5, Year Firm Established: 1, Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7, 0 Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5, Year Firm Established: 1. Federal Tax 1D Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-OBE ❑ Less than$1 million 3. Phone: _ ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 16 A3 $ : 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: Quality Enterprises USA, Inc. Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five(5)years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shah reserve the right to reject the bid offer associated with this declaration and/or suspendldebar the bidder/signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they team that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: I (A) I hereby declare that my firm nor its principals is,,242E presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Louis J. Gaudio, Vice President • 16 A38 Name(s) and Title(s)of Authorized Representative(s) Quality Enterprises USA, Inc. Name of Business 5 2' 1 Authorized Signature(s) Date (B) lam unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s)and Title(s)of Authorized Representative(s) Name of Business Authorized Signature(s) Date • H 16A38 d as ro H o = y E 38a NON W W O yea 8 N b a a — W m 0 C) P U 0 o o G � , c)• fA - MI 7 N N .C7 .^ C r= 1, H O V4 M N 0 I, a. 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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 276-030.12 ANTICIPATED DBE PARTICIPATION STATEMENT ('ADBEPS') EQUAL OPPORTUNITYOFFICE oalz LOCAL AGENCY PROGRAM 1.FOOT LAP AGREEMENT./ 2. FDOT LAP 3.LOCAL AGENCY'S 4.LOCAL AGENCY NAME AGREEMENT AMT IS) CONTRACT#WITH PRIME 13-6101 Collier County 5.PRIME CONTRACTOR NAME 6.FEID NUMBER OF PRIME CONTRACTOR Quality Enterprises USA, Inc. 54-0947002 7. CONTRACT DOLLAR AMOUNT WITH PRIME 8.FEID NUMBER OF LOCAL AGENCY $266,680.15 9. IS THE PRIME CONTRACTOR A FLORIDA CERTIFIED'DBE'? 10. IS THE WORK OF THIS CONTRACT (Disadvantaged Business Enterprise) ® NO ❑YES CONSTRUCTION® MAINTENANCE❑ OTHER? 11. ADBEPS REVISION? ®NO ❑YES It yes,revision number 12. ANTICIPATED DBE SUBCONTRACTS PERCENT DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK,NAICS AND DOLLAR CONTRACTF COMPANY NAME AND FEID NUMBER FDOT SPECIALTY CODE(S) AMOUNT DOLLARS NAME: GCE Services, Inc. WORK: Sod A NAIC3 CODE: 561730 $15,927.001 5.97% FEID: 65-0595477 SPEC CODE: 570 NAME: WORK: B NAICS CODE: 0.00% !FEID: SPEC CODE: _ NAME: WORK: r+ NAICS CODE: 0.00% FEID: SPEC CODE: NAME: WORK: D NAICS CODE: 0.00% FEID: SPEC CODE: NAME: WORK: E NAICS CODE: 0.00% FEID: SPEC CODE: L12F TOTAL DOLLARS TO DEE'S 1211 TOTAL PERCENT OF CONTRACT $15,927.00 5.97% SECTION TO BE FILLED BY PRIME CONTRACTOR 13. SUBMITTED BY 14.DATE 15. TITLE OF SUBMITTER Louis J.Gaudio 05.29.13 Vice President 16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER 17, FAX NUMBER 18. PHONE NUMBER LGAUDIOGG QE-USA.COM 239-435-7202 239-435-7202 SECTION TO BE FILLED 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 15 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.FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT USE 25. PROCESSED BY 26. DATE TO EO OFFICE 27. EXECUTED DATE 28. EXECUTED DATE BETWEEN 29.PRECON CONF DATE (LAP AGREEMENT) LOCAL AGENCY 8 PRIME DISTRICT 30. SUBMITTED TO EO BY ❑ FAX ❑ EMAIL ❑SHARED FOLDER EO OFC 31. INCLUDED IN DBE PARTICIPATION REPORT OF MIDDY 16 A38 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-13 CERTIFICATION OF NON SEGREGATION & EQUAL OPPORTUNITY OFFICE NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 1.Financial Pro'ect No. 2.F.A.P.No. 3.FEW LAP Contract No. 4.Count 5.District or Name of Local A.enc 429901-1-58-01 Collier Collier County 6.Prime Contractor's Name Quality Enterprises USA, Inc. 7.Com•an Name of Contractor,Su.•her Rental Com•an or • •en Sutxnittin• this certification 8.FED No of Co.In Box 7 • alit Enterprises USA Inc. 4-1'4 ii2 SECTION 2: CERTIFICATION STATEMENTS OF CERTIFICATION OF NONSEGREGATED FACILITIES i 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 breath of I 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; recruitment or recruitment advertising; layoff or restrooms and washrooms, restaurants and termination; rates of pay and other forms of fountains, recreation or entertainment area, compensation; and selection for training, Including transportation, and housing facilities provided for apprenticeship, pre apprenticeship, and/or on-the-Job employees which are segregated by explicit training. directives or are in fact segregated on the basis of race, color, religion or national origin because of This certification extends to the project identified above habit, local custom, or any other reason. and affirms our commitment to Insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA-1273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are incor•orated in this certification. 9. Name first/last of cor•orate Official si•nin• Certification 10.Job Title of•=rson named in Box 9 Louis Gaudio Vice President 11.Signature of Certifying Official 12.Date of Signature 5/29/13 16 A38 RECEIVED MAY 2 8 2813. • .Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTI3 PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY May 22, 2013 QUALITY ENTERPRISES USA, INC. 3894 MANNIX DR STE 216 NAPLES FL 34114-5406 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2014. However, the new application is due 4/30/2014. In accordance with 9.337.14 (1) E.S. your next application must be filed within (4) months of the ending date of the applicants audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (4) F.S. provides that your certificate will be valid for 19 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted • • subsequent to any significant change in the financial position or the structure of your firm as described in Section 14-22.005(3) , Florida Administrative Code. Your company's maximum capacity rating has been established based on X Audited Reviewed financial statements. To access it, please log into the Contractor Prequalification Application System via the following link: https.://www3.dot.state.fl:us/ContractorPreQualification/ • Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. PDOT APPROVED WORE CLASSES: DEBRIS REMOVAL (EMERGENCY) , DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING FOOT APPROVED SPECIALITY CLASSES OF WORK: SIDEWALKS, CURBS & GUTTERS, DRIVEWAYS AND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Sectior. 14-22.0041(3), Florida Administrative Code. ?Lease 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. Sincerely, Juanita Moore, Manager Contracts Administration Office JM:cj www.dot.state.fl.us 16A38k CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3894 Mannix Drive, Suite 216, Naples, Florida 34114, a corporation authorized to do business in the State of Florida, to perform all work ('Work") in connection with Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW, Bid No. 13- 6101 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Wilson Miller, 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 Amount"), in accordance with the terms of this Agreement: two hundred sixty six thousand six hundred eighty dollars and fifteen cents ($266,680.15). 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 acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority 1TB 13-6101 White Blvd Sidewalk Improvements 25 16A381 1 as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and eighty (180) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, nine hundred and sixty six dollars ($966.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of cA (TB 13-6101 White Blvd Sidewalk Improvements 26 16 A38 �. Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in•achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has-completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. 27 0 ITB 13-6101 White Blvd Sidewalk Improvements 16 A38 Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. • Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits • Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Wilson Miller, Inc. and identified as follows: Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW as shown on Plan Sheets 1 - 38. Exhibit N: Contractor's List of Key Personnel ITB 13-6101 - Sidewalk Improvements White Boulevard from Weber Blvd S to 25th St SW 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: Margaret Bishop, Project Manager Growth Management Division, Transportation Engineering 2885 S. Horseshoe Drive Naples, FL 34104 (239) 252-5857 (239) 252-6050 (fax) 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: Lou Gaudio,Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, FL 34114 (239) 435-7200 (239) 435-7202 ITB 13-6101 White Blvd Sidewalk Improvements 28 16A38 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. ITB 13-6101 White Blvd Sidewalk Improvements 29 cA 16 A38 Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** ITB 13-6101 White Blvd Sidewalk Improvements 30 0 16 A38 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TW ITNESSES: Quality Enterprises USA, Inc. By: Fl ST WITNESS Louis J. Gaudio, Vice President Paul J. Moriarty Type/Print Name and Title Type/Print Name —)4,444-•------ SECOND WITNESS Marcie Cohen Type/Print Name Date: ctn.} .\0) d-013 OWNER: ATTEST: , ,:. BOARD OF COUNTY COMMISSIO' ERS OF COLLIER COUN ' O' DA ' Dwight E, Brock, Clerk., ` BY OJAA& 'Q'' I IQ • BY: 4, GeV A. HI e , ESQ. Ast.as •. itainnan s Chai oman signature only., Approved As To Form and Legal Sufficiency: 6ALL(Leak 0 ,L/N Print Name: emi 1 R.. Vt61 n Assistant County Attdrney Item# ((CPA-53 Agenda ( —101'3 Date `"'I Date CM Rec'd 11 Nali ITB 13-6101 White Blvd Sidewalk Improvements 31 16A38 EXHIBIT A 1: PUBLIC PAYMEN T BOND idewaik improvements White Boulevard from Weber Blvd S[0 25'm St SW Bond No. 9132390 Contract No. 13-6101 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA. Inc. 3894 Mannix Drive,Suite 216, Naples, FL 34114 , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1400 American Lane,Tower I, 18th Floor,Schaumburg IL 60196 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County Florida as Obligee in the sum of Two Hundred Sixty Six Thousand Six Hundred Eighty Dollars and 15/100 ($266,680.15 ) 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 10th day of Sidewalk Improvements White Boulevard from'WeebeerBoulevard September 2013 , with Obligee for South to 25th Street SW-Contract#13-6101 in Collier County, Florida accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: • Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation • under this Bond_ The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 10th day of September 2013 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. • ITS 13-8101 White Blvd Sidewalk improvements 32 . . 16A38 .01. Sinned, sealed and Li�;zivered in The presence of: PRINCIPAL `I I. i, A._,.'/ Quality rp ses USA, Inc. Sus: J.ichultz ! 4.. BY: Witne-ses as to Principal NAME: Howard J. Murrell Pau J. Moriarty TS: President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 10th day of September 20 13, by Howard J. Murrell as President of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: 2/11/14 , '" ' (Signature of Notary) Nz'i a- MARCIE L.COHEN ', �� k= MY COMMISSION#DD940581 NAME: Marcie J . CO1I Ii '.,.��,..`•- EXPIRES:February 11,2014 (Legibly Printed) p'�y ' Bonded Thru Notary Public Underwriters (AFFIX OFFICIAL-SEAL) Notary Public, State of Florida Commission NO.: DD 940581 ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) ITS 13-6101 White SIvd Sidewalk Improvements 33 16 A38 44 Fidelity and Deposit Company of Maryland OR As Attorney I Fact (Attach Power of Attorney) < E• Terri K.Strawhand,Attorney-in-Fact Witnesses William E. Crawley (Printed Name) 1400 American Lane,Tower 1. 18th Floor Schaumburg, IL 60196 (Business Address) 757-491-1100 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach _ The foregoing instrument was acknowledged before me this 10th day of September 20 13 by Terri K.Strawhand as Attorney-in-Fact of Fidelity and De.osit Company of Maryland Surety, on behalf of Surety. He/She is personally own to me OR has produced Drivers License i-iltifiCatiOI1 and wh did (did n•t) take an oath. / / My Commission Expires: _ October 31,2013 (Signet a re) Name: Kat n Snell (Le ibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Virginia Commission No,: 7258943 KATHRYN ' dNote -;y a ..:... Commonweal,, Reg. # 72:33a43 43 My Commission Expires Oct.31, 2013 ITS 13-6101 Mite Blvd Sidewalk improvements 34 , . 16A38 ,.. i EXHIBIT A 2: PUBLIC PERFORMANCE BOND Sidewalk improvements White Boulevard from Weber Blvd S to 25th St SW x i Bond No. 9132390 Contract No. 13-6101 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA. Inc. 3894 Mannix Drive, Naples, FL 34114 , as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1400 American Lane,Tower I, 18th Floor,Schaumburg, IL 60196 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida as Obligee in the sum of Two Hundred Sixty Six Thousand Six Hundred Ei•ht Dollars and 15/10' ($266,680.15 ) 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 10th day of September 2013 , with Obligee for Contract#13-6101-Sidewalk Improvements White Boulevard from Weber Boulevard South to 25th Street SW in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and _ 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full . force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, r - - extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. . This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. I • !TB 13-6101 LVhite Blvd Sidewalk Improvements 36 . : 16A38 . r m , : 1 - : j In no event will the Surety be liable in the aggregate to Obligee for more titan the penal ` i sum of this Performance Bond regardless of the number of suits that may be filed by i i i Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this loth day of September , 20 13 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ._ Signed, sealed and delivered in the presence of PRINCIPAL ' -—_ � .e Iwo/ � ' Quality E es USA, Inc. usan TOW. BY: Wane es as to Principal Paul . Moriarty NAME. Howard J. Murrell ITS: President STATE OF Florida COUNTY OF Collier • • The foregoing instrument was acknowledged before me this 10th day of September , 2013 , by Howard J. Murrell , as President of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A as identification and'did (did not)t ke an oath. My Commission Expires: 2/11/14 g V�C� I �-t` . (Signature) .a..ett, MARCIE L.COHEN '_ ii •*_ MY COMMISSION#DD940581 Name; Marcie L. Cohen I . ''- ;a,. EXPIRES:February 11,2014 (Legibly Printed) qF Shy' Bonded Thru Notary Public Underwriters Florida (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: , DD 940581 ' • • EE rTB 13-6101 White Blvd Sidewalk Improvements 36 16381 A 1 i EST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR Fidelity and Deposit Company of Maryland As Attorney in Fact (Attach Power of Attorney) Terri K.Strawhand Witnesses William E.Crawley (Printed Name) 1400 American Lane,Tower I, 18th Floor Schaumburg, IL 60196 (Business Address) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 10th day of September , 20 13 , by Terri K.Strawhand as Attorney-in-Fact of Fidelity/and Deposit Company of Maryland a _ Surety, on behalf of Surety, He/She is personally known to me OR has produced Drivers License as identification and who did (did not) take an oath. My Commission Expires: October 31, 2013 NELL Notary Public Name: KTHRYNry ur)!i� � 5 (Legibly P inted Kathryn Snell Commonwealth of Virginia (AFF1KRIFF ri.8L) Note -ublic, State of: Virginia My Commission xpires c _2013 ; Commission No.: 7258943 ITS 13-6101 White Blvd Sidewalk improvements 37 16A38 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. TESTIMO Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this Oh day of _ �a 'f 200 . '+ C p.4o.% 'E ! r 16 mos.. E j ' 7 tom M 714(4- Geoffrey Delisio,Vice President , . . . . . 16A38 ., ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority' granted by Article V, Section '8, of the By-Laws of said ` Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Mark C.BUNDY,Tammy A.WARD,William E.CRAWLEY,Terri K.STRAWHAND and Kathryn SNELL,all of Virginia Beach,Virginia, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 3rd day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND „lb cry +'"FF 1.o g—e I(4y: I3EAL ) * s3_,?, mz i 102 ----ff ig;_<-_, X). 7'c'-'42--- O. .Yfif • BY Assistant Secretary Vice President Eric D.Barnes Thomas O.McClellan State of MarylandFOR YOUR PROTECTION, City of Baltimore LOOK FOR THE ZURICH WATERMARK On this 3n1 day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. li6),,,,'.... 97tv,e.;,-D0.0,,,,,,, ';,!;61::, ..4.j ,',9,i/(1111`` Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 176-3814A A�i° i6438 CERTIFICATE OF LIABILITY INSURANCE 9/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Rutherfoord Rutherfoord (A/cC.No.Ext1:757-456-0577 FAX No):757 456 5296 222 Central Park Avenue E-MAIL Sui te 1340 SS:certificates @rutherfoord.COm Suite Virginia Beach VA 23462 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Liberty Mutual Insurance Company 23043 INSURED INSURER B Travelers Prop&Casualty Co of Arne 25674 Quality Enterprises USA Inc INSURER C Commerce and Industry Insurance Corn 19410 &Quality Environment Co Inc INSURER D:First Liberty Insurance Corporation 33588 3894 Mannix Drive Suite 216 INSURER E: Naples FL 34114-5406 INSURER F:LM Insurance Corporation 33600 COVERAGES CERTIFICATE NUMBER:52800128 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS F GENERAL LIABILITY Y Y TB7Z91449711033 7/1/2013 7/1/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X LOC $ A AUTOMOBILE LIABILITY 7/1/2013 7/1/2014 COMBINE=D SINGLE LIMIT ASJZ91449711013 (Ea accident) $1,000,000 ' X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) X Comp$1,000 X Coll$1000 $ C UMBRELLA LIAB X OCCUR BE61406627 7/1/2013 7/1/2014 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ D WORKERS COMPENSATION Y WC6Z91449711023 7/1/2013 7/1/2014 X WC TORY STAMU- 0TH- AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Leased and Rented QT6601794B877TIL13 7/1/2013 7/1/2014 $500,000 per item Equipment $2,500 deductible Scheuled Equipment on file w/carrier $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) RE: Contract#13-6101 Sidewalk Improvements White Boulevard from Weber Blvd.,South to 25th Street SW Collier County Board of County Commissioners is included as Additional Insured under General Liability as respects on going operations of the named insured as required by written contract for the referenced job and/or contract. Per the cancellation clause contained in the policies noted on this certificate,the policy provisions include at least 30 days notice of cancellation except for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34112-4901 aiiLL tn. Gc..9k, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16 A38 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT. B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT 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 ITB 13-6101 White Blvd Sidewalk Improvements 38 16 A38 • Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverageW 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 coverage(11 purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage coverageW shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. • 1713 13-6101 White Blvd Sidewalk Improvements 39 16A381 Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance I Bond:Type, ,,: :Required::l mrts 3 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, $2,000,000 aggregate for Bodily Injury • ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the 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 claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate • ❑ Project Professional Liability $ Per Occurrence ITB 13-6101 White Blvd Sidewalk Improvements 40 16 A38 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 borne by the Proposer receiving.an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 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 of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ®Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number ITB 136101 White Blvd Sidewalk Improvements 41 16 A38 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's 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 , 20 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 , 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 Commissioner No.: ITB 13-6101 White Blvd Sidewalk Improvements 42 16 A38 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 Purchase Order No. 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: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date$ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date$ Retainage @ _%after [insert date] $ = Less Retainage Total Earned Less Retainage$ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % 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) ITB 13-6101 White Blvd Sidewalk Improvements 43 I <ui . . k ) /k . § ■ 16A38 ' £■ 2 ) © ai I . M[ 1 111111111111111111111111111 je� .� -4. .'' - f IIIUIIIIIIflllhIIIflhIIN IA . X . . � 1.!, ��+ u I 2 \ . . � 22 It � i ci � � ,. 'lIIIIIIIIlIilIiIIIIiIIII �i 1'E0 , ,) R, . - i1 - i�2 2 � != . 61 1# 2 , S o • e '� /$ S } -iiiiiiiiiiiiiiiil \ . . � 1 � ilOIHhlIlIIIllhIIIIII /kƒ'LIJ § ! 7 ) �� § r ,)a. _ I � : '� � m :� 111111111111111111111111 k§ co 1 1 1 / « , G c, }1 ' '!1 111111111111111111111111 1 ..•. 1 a=2 [ CD 0 : �. CE VI . 11 ®,k,k� 't 1 &co i . CA ;it l . , . \ ! \ { 1 .� 1/ Ii § ƒ 1 rill . it_ \ ' W § 51i‘21 » tea � � � 1 � Z 2 - .c,,, d i / I _ _ 16A38 0 c to = CO "v w o co U 5 r I + Q w m 0 O L c u_ "0 o m > CO •c, a O o v H > Q C •� y d a O E in m L 61 U ja o O E a. 7 Z :2 3 Cr) m •a CL, � 3 N 0 C O 1 4- •` 0 .0 c v 0 0 U_ i6A3 g 01 EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: _ Object Code: Project Number: ) ITB 13-6101 White Blvd Sidewalk Improvements 46 16A381 1 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. ITB 13-6101 White Blvd Sidewalk Improvement 47 16A381 1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: 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 , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 20 OWNER - By: Type Name and Title ITB 13-6101 White Blvd Sidewalk Improvements 48 .4 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor. The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) ITB 13-6101 White Blvd Sidewalk Improvements 49 16 A38 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 concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface ITB 13-6101 White Blvd Sidewalk Improvements 50 16 A38 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 relate to all Work required by the Contract Documents, and shall utilize the Critical Path ITB 13-6101 White Blvd Sidewalk Improvements 51 16 A38 • 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 the Project Manager and/or his designee. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner ITB 13-6101 White Blvd Sidewalk Improvements 52 16A38 * 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 throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing 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 acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in ITS 13-6101 White Blvd Sidewalk Improvements 53 16 A38 full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project. Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions 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. ITB 134101 White Blvd Sidewalk Improvements 54 16 A38 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 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 ITS 13-6101 White Blvd Sidewalk Improvements 55 16A38 411 information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on'time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute.. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction. acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. ITB 13-6101 White Blvd Sidewalk Improvements 56 16 A38 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 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 ITB 13-6101 White Blvd Sidewalk Improvements 57 16 A38 approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2.-herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For 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. ITS 13-6101 White Blvd Sidewalk Improvements 58 16 A3 : 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 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. ITB 13-6101 White Blvd Sidewalk Improvements 59 16A381 1 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If 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 ITB 13-6101 White Blvd Sidewalk Improvements 60 16A38 all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or•an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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, ITB 13-6101 White Blvd Sidewalk Improvements 61 16 A38 Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will 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. ITB 13-6101 White Blvd Sidewalk Improvements 62 16A38 .. 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 seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 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. . ITB 13-6101 White Blvd Sidewalk Improvements 63 16A38 " 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. ITB 13-6101 White Blvd Sidewalk Improvements 64 i6A38 III 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the ITS 11.6161 White Blvd Sidewalk Improvements 65 16 A38 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 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 materials, equipment or fixtures to be incorporated into the Project. Contractor warrants ITB 13-6101 White Blvd Sidewalk Improvements 66 16A38 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. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. ITB 13-6101 White Blvd Sidewalk Improvements 67 16 A38 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 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 ITB 13-6101 White Blvd Sidewalk Improvements 68 16A38 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 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.B, for services not rendered. ITB 13-6101 White Blvd Sidewalk Improvements 89 16A381 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. ITB 13-6101 White Blvd Sidewalk Improvements 70 16A38 ' • 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any 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. ITB 13-6101 White Blvd Sidewalk Improvements 71 16 A38 . 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION ITB 13-6101 White Blvd Sidewalk Improvements 72 16 A3 8 go Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of 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 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 ITB 13-6101 While Blvd Sidewalk Improvements 73 16 A38 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 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 ITB 13-6101 White Blvd Sidewalk Improvements 74 16 A38 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 (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. ITB 13-6101 White Blvd Sidewalk Improvements 75 16A38 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 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 ITB 13-6101 White Blvd Sidewalk Improvements 76 16A38 • . 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 1 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 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. ABOVEGROUND/UNDERGROUND 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 ITB 13-6101 White Blvd Sidewalk Improvements 77 16A38 be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ITB 13-6101 White Blvd Sidewalk Improvements 78 16 A38 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http://bid.colliergov.net/bidl LAP Granting Agency Requirements & Related Forms ITB 13-6101 White Blvd Sidewalk Improvements 79 16A38 ... EXHIBIT l Local Agency Program(LAP)Requirements SUPPLEMENTAL TERMS AND CONDITIONS Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project. The following,terns, trust be submittited with the bid ipacl go..Anyrni sfrtgtrtet W111;be'cQrystdered a�iis rtreaperrisiire REQUIRED FORMS EEO/AA Plan Submit with Bid Package: The EEO plan is not required to Equal Employment Opportunity ❑ Copy of EEO Policy be approved by FDOT. Affirmative Action Plan and Plan 700-011-13 Notification of EEO Officer Submit with Bid Package Submit To: EEOforms(a,dot.state.fl.us 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-segregated Submit with Bid Package Provide FDOT Prequalification# Submit with Bid Package The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Bonding and Pre qualification (3-5, 7-13, 8-7.1 and 2-5.1 Florida Department of Transportation Guidelines) Prequalification 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. Exhibit 1 Page 1 16 A380 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, past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the pre-qualified bidder to have under contract at any one time. However for projects that exceed $250,000 and on the National Highway System or State Highway System, the contractor must be FDOT pre-qualified. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following: (a)A bid on a contract to provide any goods or services to a public entity. (b)A bid on a contract with a public entity for the construction or repair of a public building or public work. (c) Bids on leases of real property to a public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0 17 F.S, for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. Guaranty to Accompany Proposals The Department will not consider any proposal unless it is accompanied by a proposal guaranty of the character and amount indicated in the Advertisement, and unless it is made payable to the Florida Department of Transportation. Submit proposals with the understanding that the successful bidder shall furnish a Contract Bond pursuant to the requirements of 3-5. Contract Bond Required General Requirements of the Bond: Upon award, furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Department. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Department, and has the Department's approval. Ensure that the surety's resident agent's name, address, and telephone number is clearly stated on the face of the Contract Bond. On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non-critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security if it waives the requirement for a surety bond. A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of$250,000 must be certified by the Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Department of Transportation as qualified shall be declared IRREGULAR" and will be REJECTED. Acceptability of Surety Provide a surety bond that remains acceptable to the Department throughout the life of the Contract. In the event that the surety executing the bond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or Exhibit I Page 2 16 A38 becomes unreliable or otherwise unsatisfactory then the Department may require that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the Department. In such an event, the Department will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond. Default by Contractor In case of default on the part of the Contractor, the Department will charge against the bond all expenses for services incidental to ascertaining and collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract. • Surety to Furnish Legal Defense The surety company shall indemnify and provide defense for the Department when called upon to do so for all claims or suits against the Department arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which amount shall be original contract amount as may be increased by subsequent Supplemental Agreements. Liability for Wrongful or.Criminal Act by Contractor The principal and surety executing the bond shall be liable to the State in any civil action that might be instituted by the Department or any officer of the State authorized in such cases, for double any amount in money or property the State might lose, or be overcharged or otherwise be defrauded of by any wrongful or criminal act of the Contractor, his agent or his employees. Execution of Contract and Bond Within twenty(20)days after Contract award, execute the necessary agreements to enter into a contract with the Department and return the agreement along with a satisfactory surety bond and documentation evidencing all insurance required by 7-13 to the Departments Contract Office that awarded the Contract. For each calendar day that the successful bidder is late in delivering to the Department's Contract Office all required documents in properly executed form, the Department will deduct one day from the Allowable Contract Time as specified in 8-7.1. The Department will not be bound by any proposal until it executes the associated Contract. The Department will execute the Contract and bond in the manner stipulated in 2-5.1. The Department will execute the Contract within 15 days after receipt of the necessary agreements and bond from the Contractor, Failure by Contractor to Execute Contract and Furnish Bond In the event that the bidder fails to execute the awarded Contract, and to file an acceptable bond, as prescribed in 3-5 and 3-6, within 20 days of Contract award, the Department may annul the award, causing the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidations of damages, sustained. The Department may then award the Contract to the next lowest responsible bidder, re-advertise,or accomplish the work using day labor. 3. Buy America and Foreign Contractor and Supplier Restriction Source of Supply Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coasting stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic Exilibit I Page 3 16 A38 product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project(e.g., concrete pipe, pre-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1%of the total Contract amount or$2500,whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work: Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include(1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at$(actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 4. Change In The Work(Change Orders) $0700 T Ger) ],r06s and Corldttians, ecUon 1'0 Ch rages to 1he O ,Mete W 2,`C tangeOrder,, other Coup €Contract See,C©Ilrer €wntX;Bidpages 6Di-6 . 5. Claims and Disputes See`Ext bra Ft,�epei a Terms aMM'Gonda ons„ Section 11_,Clairns,and Disputes CoiIiei'Gbtirity Contract Sep. oEtielE Cwnty Bid, page;62 6. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. 7. Suspension and Debarment The Board shall grant authority to County staff to suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or legal entity that: a. Directly or indirectly(e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction or for procurement of commodities and services, Exhibit I Page 4 1b A38 �� including professional services;or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. For the purposes of this section, the terms"vendor'and "consultant"shall have the same meaning as "contractor'and the term "sub consultant" shall have the same meaning as the term "subcontractor". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no lo contendere. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director") to temporarily disqualify a contractor from County contracting or County-approved subcontracting. Suspension The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXX1X. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. Debarment Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s)of county contract(s) provisions, which is (are)deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions,specifications, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. Fxhibi:I Page 5 16A38 f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was • suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complaint, verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s)where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee") consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest Exhibit i Page 6 16 A38 at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. g. Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non-responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: i. The specific reasons for the debarment ii. The scope of the debarment;and iii. The period of debarment,including the effective and expiration dates. h. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. i. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and in no event shall the debarment period exceed five years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition)may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: i. Newly discovered material evidence; ii. A reversal of the conviction, civil judgment or other action upon which the debarment was based; iii. Bona fide change in ownership or management; iv. Elimination of other causes for which the debarment was imposed;or v. Other reasons that the committee might deem appropriate. c. The contractor's request shall be submitted to the PGS Director in writing and Exhibit i Page 7 16 A38 shall be based on one or more of the aforementioned reasons. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that d ecision with regard to conducting business with the debarred entity(ies)during the debarment period. Continuation of Current Contracts: a. D e p artments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. Exhibit �. Page 8 • 16A381 DECLARATION OF DEBARMENT The bidder,in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as"Debarment and Suspension")shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that Name of Business 1. They are a prospective contractor,vendor,affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five(5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration;the County shall reserve the right to reject the bid offer associated with this declaration and/or suspend/debar the bidder/signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any public agency. Name(s)and Title(s)of Authorized Representative(s) Name of Business Authorized Signature(s) Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s)and Title(s)of Authorized Representative(s) Name of Business Authorized Signature(s) Date Exhibit 1 Page 9 16A38I 8. Disadvantaged Business Enterprises(DBE) Required Contract and Subcontract DBE Assurance Language: Per 49 CFR 26.13 (b) each Contract FDOT signs with a Contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub- recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted Contracts." Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as Collier County deems appropriate. DBE Records and Reports: The successful bidder will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. in order to comply with the provisions of 49 CFR 26, the bidder agrees to the following: 1. Bid Opportunity List: shall be submitted with all Requests for Proposals and Invitations to Bid. 2. Anticipated DBE Participation Statement: shall be submitted with all Requests for Proposals and Invitations to Bid. a. DBE Directory: the bidder may use the online DBE directory, BizNet, https:/lwww3.dot.state.fl.us/EaualQpportunitvOffice/biznet/mainmenu.asp, to locate DBE's to perform sub-contractor work or sub-consultant work on USDOT-assisted contracts. 3. Subcontractor Payment Report: report monthly, through the Equal Opportunity Compliance System on the FDOT's Website, actual payments, (including retainage)made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instruction on accessing this system. The contractor/supplier is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from Collier County. In addition, the contractor is required to return any retainage payments to those subcontractors within thirty days'after the subcontractor's work related to this contract is satisfactorily completed. The contractor/supplier must promptly notify Collier County whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work. The contractor must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.-55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the change. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55,for example: a. The Department will count only the value of the work performed by the-DBE toward DBE goals. The entire amount of the contract that is performed by Exhibit i Page 10 16A38 the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work)will be counted as DBE credit. b. The Department will count the entire amount of fees or commissions changed by the DBE firm for providing bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. c. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. f. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. g. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work and other relevant factors. h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. i. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. 9. On-The Job Training Requirements As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide on-the-job training aimed at developing full journeymen in the type(s) of trade or job classification(s) involved in the work. In the event the Contractor subcontracts a portion of the contract work, he/she shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain . the primary responsibility for meeting the training requirements imposed by this Section. The Contractor shall apply the requirements of this Section to such subcontract. Where feasible, 25% of apprentices or trainees in each occupation shall be in their first year of Exhibit I Page 11 1. 6A38 "'1 apprenticeship or training. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The.trainee goal will be finalized at the Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract a. No trainees will be required for contracts with a contract time allowance of less than 225 calendar days. b. If the contract time allowance is 225 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required Under$1,000,000 0 Over$1,000,000 to$4,000,000 2 Over$4000,000 to$6,000,000 3 Over$6,000,000 to$12,000,000 5 Over$12,000,000 to$18,000,000 7 Over$18,000,000 to$24,000,000 9 Over$24,000,000 to$31,000,000 12 Over$31,000,000 to$37,000,000 13 Over$37,000,000 to$43,000,000 14 Over$43,000,000 to$49,000,000 15 Over$49,000,000 to$55,000,000 16 Over$55,000,000 to$62,000,000 17 Over$62,000,000 to$68,000,000 18 Over$68,000,000 to$74,000,000 19 Over$74,000,000 to$81,000,000 20 Over$81,000,000 to$87,000,000 21 Over$87,000,000 to$93,000,000 22 Over$93,000,000 to$99,000,000 23 Over$99,000,000 to$105,000,000 24 Over$105,000,000 to$112,000,000 25 Over$112,000,000 to$118,000,000 26 Over$118,000,000 to$124,000,000 27 Over$124,000,000 to$130,000,000 28 Over$130,000,000* *One additional trainee per $6,000,000 of estimated Construction Contract amount over$130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Departments District Contract Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On-The Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the contract time during which training of each trainee is to take place. This schedule may be subject to change if the following occur: 1. When a start date on the approved On-The-Job Training Schedule has been missed by 14 or more days; 2. When there is a change(s)in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination. The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has • Exhibit i - Page 12 16A38 complied with this Section as it relates to the number of trainees to be trained: 1. Full credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees over the established number for this Contract will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked trainee" is described as an employee who has been trained on a project, over and above the established goal and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Full credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification for a significant period and completes his/her training on this Contract. 3. Full credit will be allowed for each trainee who, due to the amount of work available in his/her classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Full credit will be allowed for any training position indicated in the approved On-The-Job Training Schedule, if the Contractor can demonstrate that he/she has made his/her a good faith effort to provide training in that classification. 5. No credit will be allowed for trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. The Contractor shall, as far as is practical, comply with the time frames established in the approved On-The-Job Training Schedule. When this proves to be impractical, a revised schedule shall be submitted and approved as provided above. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of recruitment. If a non- minority male is enrolled into On-The-Job Training, the On-The-Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended and shall not be used, to discriminate against any applicant for training, whether a minority,woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which he/she has successfully completed a training course leading to journeyman status, has been employed as a journeyman, or had had extensive experience in the classification being considered for training. The Contractor shall satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be established at the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status,the following documentation must be forwarded to the District Contract Compliance Office: Trainee Enrollment and Personnel Action form Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the contractor and the Department;and, A letter stating that the trainee has sufficiently progressed in the craft and is being promoted to journeyman status. Exhibit 1 Page 13 • 16 A381 The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training or with a State Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract. Approval or acceptance of training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On-The-Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk-typists or secretarial type positions. Training is permissible in positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Credit for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees are concurrently employed on a Federal Aid Project; contributes to the cost of the training, provides the instruction to the trainee and pays the trainee's wages during the offsite training period. No credit shall be given to the Contractor if either the failure to provide the required training, or the failure to hire the trainee as a journeyman for a period ample enough to allow the employee time to gain experience in the training classification or failure to continue training the employee time to gain experience in the training classifications is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Section. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. This compensation rate will be increased to the journeyman's wage for that classification upon graduation from the training program. The Contractor shall furnish the trainee a copy of the program he will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District contract Compliance Manager a copy of an On-The-Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following occurs: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. Exhibit 1 Page 14 16 A38 ..1 The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub-phases of the number of hours devoted to each. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, Timekeeper, trainees will not be approved for the On-The-Job Training Program. Painters, Electricians and Mechanics are identified as crafts under-utilized by minorities. All training classifications except Laborers are identified as under-utilized by females. Priority selection should also include those crafts under-utilized and/or void of minorities and/or female by the particular company's workforce. If the Contractor does not select a training classification that has been targeted as an under-utilized craft, and those classifications can be used for the selection of training for this project, the On-The-Job Training Schedule will not be approved unless written justification for exceptions is attached. 10. Equal Employment Opportunity Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex, or disability and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer)who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be Made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees the notation"An Equal Opportunity Employer". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: 1. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. 3. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected Exhibit i Page 15 16A38 411 persons. 4. Investigate all complaints of alleged discrimination made in connection with obligations under this Contract, attempt to resolve such complaints, and, take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation inform every complainant of all of the avenues of appeal. Subcontracting:Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations.The records kept will be designed to indicate the following: 1. The number of minority and non-minority group members employed in each work classification on the project. 2. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on unions as a source of their work force). 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. 4. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Federal Highway Administration. Upon request, submit to the Department a report of the number of minority and non-minority group employees currently engaged in each work classification required by the Contract work. Executive Order 11246,As Amended Executive Order 11246-Equal Employment Opportunity SOURCE:The provisions of executive Order 11246 of September 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p. 339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I-Nondiscrimination in Government Employment [Part I superseded by EO 11478 of August 8, '69, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803] Part II-Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A-Duties of the Secretary of Labor Sec.201 The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and Ill of this Order. The Secretary shall adopt such results and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and Ill of this Order. [Sec.201 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Page 16 16A38 Subpart B-Contractor's Agreements Sec.202 Except in contract exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract,the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such • action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24,1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract with any of such rules, regulations, or orders, this contract may cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures. 7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase Order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the United States. [Sec. 202 amended by EO 11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 203 (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be file within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and Exhibit 1 Page 17 16A38 ! each subcontractor,and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive Order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c)Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or any agency referring workers to providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d)The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information. To the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin, and that the signer either affirmatively cooperate in the implementation of the policy and provisions of the Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR, 10966-1970 Comp., p.684; EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 204 (a)The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract,subcontract,or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontractors, or purchase orders(1)whenever work is to be or has been performed outside the Untied Sates and no recruitment of workers within the limits of the United States is invoiced; (2)_ for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to be the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religion corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractor and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purpose of this Order: and provide further,that in Exhibit l Page 18 16A38 the absence of such an exemption all facilities shall be covered by the provisions of this Order. [Sec. 204 amended by EO 13279 of December 9, 2002 67 FR 77141, CFR, 2002 Comp., p. 77141-77144] Part C-Powers and Duties of the Secretary of Labor and the Contracting Agencies Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec 205-amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p.230] Sec. 206 (a)The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec 206 amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 207 The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order.The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation. Or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement,or educational purposes. (b)The Secretary of Labor may hold, or cause to be held, hearing in accordance with subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contacts under Section 209(6)shall be made without affording the contractor an opportunity for a hearing. Subpart D-Sanctions and Penalties Sec. 209(a) In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt,the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. Exhibit. i - -- Page 19 16A38 (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoying, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to present directly or indirectly,compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act o 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditions upon a program for future compliance approved by the Secretary of labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other m odifications of existing contracts, with any on-complying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection(a)(5)of this Section. [Sec 209 amended by EO 12086 of October 5, 1976,43FR 46501, 3 CFR, 1978 Comp.,p. 230] Sec. 210 Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty(30)days,the Secretary may take the action directly. [Sec 210 amended by EO 12086 of October 5, 1978,43 FR 46501, 3 CFR,'1978 Comp., p.230] • Sec. 211 If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder of prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec 211 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Sec. 212 When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Exhibit I Page 20 16 A38 Subpart E-Certificates of Merit Sec. 213 The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. Sec. 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. Sec. 215 The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III—Nondiscrimination Provisions in Federally Assisted Construction Contracts Sec. 301 Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1)to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of labor pursuant to Part II, Subpart D, of this Order, and (4)to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. [Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec. 302 (a) "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recipient of such Federal assistance. Exhibit 1 Page 21 011 Sec. 303 (a)The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2)direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an appliance pursuant to clause(1) or(2) of subsection(b)without notice and opportunity for hearing. [Sec 303 amended by EO 12086 of October 1978,43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec. 304 Any executive department or agency which imposes by rule, regulation or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, that actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitation prescribed in Section 602 thereof and the regulations of the administering department,or agency, issued thereunder. Part IV Miscellaneous Sec. 401 The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec 401 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp.,p 230] Sec. 402 The Secretary of Labor shall provide administrative support for the execution of the program known as the"Plans for Progress." Sec. 403 (a) Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964), are hereby superseded and the Presidents Committee o n Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Orders. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee o Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect such directives to provisions of the superseded orders shall be deemed to be references to E hibit 1 Page 22 • 16A38 the comparable provisions of this Order. [Sec 403 amended by EO 12107 of December 28, 1978,44 FR 1055, 3 CFR, 1978 Comp., p 264] Sec. 404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. Sec.405 This Order shall become effective thirty(30)days after the date of this Order. 11. Equipment Rental Rates For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: 1. Allowable Hourly Equipment Rate= Monthly Rate/176 x Adjustment Factors x 100%. 2. Allowable Hourly Operating Cost= Hourly Operating Cost x 100%. 3. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. 4. Standby Rate=Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. 12. Foreign Contractor and Supplier Restriction For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pre-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract @. hihit [ Page 23 16 A38 amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or(2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each certification to the Engineer prior to incorporating the material into the project When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 13. Incentive/Disincentive Clauses(Project Specific) Provision excluded from this contract. 14. Indian Preference On Federal-aid Projects(Labor& Employment) Provision excluded from this contract. 15. FHWA FORM 1273 FHWA 1273, in its entirety, follows immediately on the next twelve pages. • Exhibit I Page 24 16A38 tori FHWA-1273—Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-ND CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FFNVA. • VI. Subletting or Assigning the Contract VII. Safety.Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627, The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 16 A38 ,. this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be.referred to the contractor for employment consideration. "It is the policy of this Corn panyto assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer,recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEC)program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractors employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractors EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project . minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which tine the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be reviewed wages paid within each classification to determine any and explained. The meetings will be conducted by the EEO evidence of discriminatory wage practices. Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days fallowing their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection with women. its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action within a d. Notices and posters setting forth the contractors EEO reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 16A381 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary - training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for . a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. - contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership in contractor to carry out these requirements is a material breach the unions and increasing the skills of minorities and women so of this contract,which may result in the termination of this that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractorwill, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants!Employees the last payroll period preceding the end of July. If on-the-job with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 16 A38 I will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions, employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate Ill.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification l $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated use and wage rates conformed under paragraph 1.b.of this by written or oral policies nor tolerate such use by employee section)and the Davis-Bacon poster(1A/H-1321)shall be custom. The contractor's obligation extends further to ensure posted at all times by the contractor and its subcontractors at that its employees are not assigned to perform their services at the site of the work in a prominent and accessible place where any location,under the contractor's control,where the facilities it can be easily seen by the workers. are segregated. The term"facilities"includes waiting rooms, work areas,restaurants and other eating areas,time clocks, b.(1)The contracting officer shall require that any class of restrooms,washrooms,locker rooms,and other storage or laborers or mechanics,including helpers,which is not listed in dressing areas,parking lots,drinking fountains,recreation or the wage determination and which is to be employed under the entertainment employees.areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The necessary dressing provide separate determination.The contracting officer shall approve an or single-user a privacy and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. ( ) Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of Labor (2)If the contractor and the laborers and mechanics to be regulations in 29 CFR 5.5"Contract provisions and related employed in the classification(if known),or their matters"with minor revisions to conform to the FI4NA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated . for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, Washington,DC 20210.The Administrator,or an authorized a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics to than those contained in the wage determination of the be employed in the classification or their representatives,and Secretary of Labor which is attached hereto and made a part the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount designated be alleged to exist between the contractor and such laborers for fringe benefits,where appropriate),the contracting officer and mechanics, shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Wage and Hour Administrator for determination.The Wage Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon and Hour determination or an authorized representative,will Act on behalf of laborers or mechanics are considered wages issue a determination within 30 days of receipt and so advise the contracting officer or paid to such laborers or mechanics,subject to the provisions will notify the contracting officer within the 30-day period that Bacon Act.the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)wage getermined uding fringe benefits h 1.b.(2)or laborers or mechanics affected,and records which show the ro) this determined d shall pursuant paid to all paragraphs performing or costs anticipated or the actual cost incurred in providing such fi work in the classification under this contract from the first benets.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included on wages of any laborer or mechanic the amount of any costs weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http:llwww.dol.gov/esalwhd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,'signed by the contractor or contractor or any subcontractorthe full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; (ii)That each laborer or mechanic(including each a. Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly, and mechanics working at the site of the work.Such records and that no deductions have been made either directly or shall contain the name,address,and social security number of indirectly ctly from the full wages earned,other than each such worker,his or her correct classification,hourly rates perm f e deductions as set forth in Regulations,29 CFR of wages paid(including rates of contributions or costs part 3; anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 16A38 IN (3)The weekly submission of a properly executed rate specified in the applicable wage determination, certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, I this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. . In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency c.The contractor or subcontractor shall make the records required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor inspection,copying,or transcription by authorized at-less than no longer be a representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at--less than the applicable predetermined rate for the work performed until an acceptable FHWA, or the Department of Labor,and shall permit such program is approved. representatives to interview employees during working hours on the job.If the contractor or subcontractorfails to submit the required records or to make them available,the FI-1WA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to cause Except as provided in 29 CFR 5.16,trainees will not be the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified In apprenticeship program registered with the U.S.Department of the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the - person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall y be paid not less than the applicable wage rate on the wage permitted to the contractor as to the entire work force under determination for the classification of work actually performed.In the registered program.Any worker listed on a payroll at an addition,any trainee performing work on the job site in excess apprentice wage rate,who is not registered or otherwise of the ratio permitted under the registered program shall be employed as stated above,shall be paid not less than the paid not less than the applicable wage rate on the wage applicable wage rate on the wage determination for the determination for the work actually performed. classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the applicable performing construction on a project in a locality other than predetermined rate for the work performed until an acceptable that in which its program is registered,the ratios and wage program is approved. • rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be • in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly • 16 A381 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be establtshed by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Mt requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any B.Subcontracts. The contractoror subcontractor insert workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such Form FHWA-1273 contra In any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours subcontracts.The prime contractor shall be responsible for the worked in excess of forty hours in such workweek. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment A breach of the damages. In the event of any violation of the clause set forth • contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any • subcontractor responsible therefor shall be liable for the of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliancewith Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each calendar day on which such individual was required or 9.Disputes concerning labor standards.Disputes arising out permitted to work in excess of the standard workweek of forty of the labor standards provisions of this contract shall not be hours without payment of the overtime wages required by the subject to the general disputes clause of this contract.Such clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 10.Certification of eligibility. other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier c.The penalty for making false statements is prescribed in the subcontracts.The prime contractor shall be responsible for . U.S.Criminal Code, 18 U.S.C.1001. compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. . . 16A38 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its owl organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:.ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be . performed by subcontract and the amount of any such T h i s p r o v i s i o n_ i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of (1)the prime contractor maintains control over the the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her health employees; or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is • to A38 11 'Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts.or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed Mien the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e,The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participantwho has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to f.The prospective first tier participant agrees by submitting a violation of Section 508 of the Clean Water Act or Section 306 this proposal that,should the proposed covered transaction be of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,suspended, included the requirements of paragraph(1)of this Section X in declared ineligible,or voluntarily excluded from participation in every subcontract,and further agrees to take such action as this covered transaction,unless authorized by the department or the contracting agency may direct as a means of enforcing agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.aov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 16A381 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any tine the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200, You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). °First Tier Participant" Participants: - refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and in civilly charged by a governmental entity(Federal,State or all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person . in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 16A38 ' department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. • XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100.000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 16A381 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractorto offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment • Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph (1c)above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this AttachmentA in every subcontract for work which is,or reasonably may be,done as on-site work. � 6A38 " 16. Liquidated Damages See;tkonsUructtcn Agri ent,Section:5B: Contract Tin1e"and`L'rquIdated Damages Se0Goffer County fed,pages 2S 27• 17. Local Hiring Preference Provision excluded from this contract. 18. Lobbying Certification "The undersigned hereby certifies,to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or in- directly an officer or employees of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewals, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by section 1352, title 31, US Code. Any person(s) who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each failure." 19. Award and Execution of Contract(Method of Construction or Method of Bidding) Seel instruction to`Bidders, ; 1.1,11',,2. See Cofie County Bid;psa0'9. 20. Non-Collusion Provision The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm association, or corporation has not, either directly of indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid non-responsive and not eligible for ward consideration. 21. Owner Force Account/Cost-Effective Justification Provision excluded from this contract. 16 A38 ;. 22. Patented/Proprietary Materials The Owner certifies that neither patented nor proprietary materials are required or specifically named in the specifications to be used for this project. 23. Prevailing Minimum Wage For this contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Number(s)FL310,as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the United States. Department of Labor website (www,wdol.gov) and ensure that employees receive the minimum wages applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. 16A381 General Decision Number: FL130211 01/04/2013 FL211 Superseded General Decision Number: FL20120211 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/04/2013 * ELEC0349-008 09/05/2011 Rates Fringes ELECTRICIAN $ 27.15 8.64 SUFL2009-207 08/05/2009 Rates Fringes CARPENTER $ 15.30 2.54 CEMENT MASON/CONCRETE FINISHER $ 12.30 0.00 HIGHWAY/PARKING LCT STRIPING: Operator (Striping Machine) $ 11. 97 2.23 HIGHWAY/PARKING LOT STRIPING: Painter $ 13.31 0.00 IRONWORKER, REINFORCING $ 14.50 1.37 IRONWORKER, STRUCTURAL $ 16.75 3.88 LABORER: Asphalt Shoveler $ 10.70 0.00 LABORER: Common or General $ 1C.19 1.55 LABORER: Flagger $ 12.75 0.00 LABORER: Grade Checker $ 10.50 0.55 LABORER: Landscape and Irrigation $ 8.77 0.00 LABORER: Luteman $ 10. 32 0.00 • LABORER: Mason Tender - Cement/Concrete $ 12.00 1.80 LABORER: Pipelayer. $ 11. 63 2. 65 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws $ 11.23 1.96 16 A38 • OPERATOR: Asphalt Paver $ 11.52 0.00 OPERATOR: Asphalt Plant $ 12.20 0.00 OPERATOR: Asphalt Spreader $ 10.76 0.00 OPERATOR: Auger $ 19.40 0.44 OPERATOR: Backhoe Loader Combo $ 15.33 0.97 OPERATOR: Backhoe/Excavator $ 15.50 2.28 • OPERATOR: Boom $ 16.61 0.00 OPERATOR: Bulldozer $ 13.71 1.55 OPERATOR: Crane $ 19. 94 1.37 OPERATOR: Distributor $ 11.47 0.00 OPERATOR: Dr:;_ $ 13.00 1.59 OPERATOR: Grader/Blade $ 14 .32 0.00 OPERATOR: Loader $ 12.83 1.29 OPERATOR: Mechanic $ 16.31 1.37 OPERATOR: Milling Machine $ 11.92 0.00 OPERATOR: Oiler $ 11.92 1.91 OPERATOR: Paver $ 12.42 0.86 OPERATOR: Piledriver $ 15.59 4.00 OPERATOR: Roller $ 11 .14 0.00 OPERATOR: Scraper $ 10.70 1. 60 OPERATOR: Screed $ 10.82 0.00 OPERATOR: Tractor $ 12.78 0.00 OPERATOR: Trencher $ 13.41 0.49 PAINTER: Spray and Steel $ 16. 62 0.00 TRUCK DRIVER: 10 Yard Haul Away Truck $ 12.50 0.00 TRUCK DRIVER: Distributor $ 11.30 2.26 TRUCK DRIVER: Dump Truck $ 10.05 0.00 TRUCK DRIVER: Lowboy Truck $ 14.05 0.00 TRUCK DRIVER: Material Truck $ 12.76 9.80 . • TRUCK DRIVER: Tractor Haul 16A38 ' Truck $ 10.64 0.00 TRUCK DRIVER: Water Truck $ 10.50 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed fcr work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union_ prevailing wage rates will be updated to reflect any • changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the. State of Louisiana; 2004 is the year of the 16A38 survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position cn a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Di vision U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board S. Department of Labor 1. 6A38 ' 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION • 16 A381 24. Progress Payments Se&Exhibit Ha Generafrferms ardtc:ind itioria-Articio*Pi64-rePasiirrits. See Collier County did;psges°54 25. Prohibition Against Convict Produced Materials Source of Supply-Convict Labor(Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2,1991, b convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: 1. materials produced by convicts on parole, supervised release, or probation from a prison or, 2. materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987. 26. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with or bid on construction projects against the private sector. 27. Publicly-Owned Equipment. The County does not allow Contractors the use of publicly owned equipment. 28. Salvage Credits Provision excluded from this contract. 29. Standardized Changes Conditions Contract Clauses Differing site conditions. i. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. ii. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. iii. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. iv. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer. i. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the 16 A38 contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment ii. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension. was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment(excluding profit)and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. iii. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. iv. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change"shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction;or (B)When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 30. State Produced Materials(Florida or other) Provision is excluded from this contract. 31. State/Local Owned/Fumished/Designated Materials Provisions are excluded from this contract All materials required for this project shall be furnished by the contractor. Projects located on the National Highway System shall require FHWA approval for direct purchase of materials. 32. Subcontracting See Exhibit H, General Terrrrs and Conditions„Section 3a.-: Subcontracts,See Collier County Bid,,pages-76-78 16A38 8 33. Termination of Contract See Exilrpit?H1 Genera�f Teri a and.Condit#ons ecttart,18, Terrnfnattotr rtg aic lt: p0 Zinn 19; Term00tIoh.forC'invepierfee and Suspensioni See elite r.0 runty l8td�'pa9es,66„6$: 34. Time Extensions See Eacittbit H, General lTerms.artd cond Lions,°Section 9 ContracteTime.and 'in*Extensio is: See.Colhetr,Gountt:6ki„piage60: 35. E-Verify Executive Order No. 11-02, signed by the Governor of Florida requires all state agency contracts to include a requirement that consultants and sub consultants, contractors and subcontractors use E-Verify. Vendor/Contractors: • shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and, • shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. The Website for E-Verify is: http://www.uscis.gov/e-verify 36. TITLE W Requirements(See LAP Manual Chapter 16 Section 16.3 items 5&6) The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. While performing this contract, the contractor-for itself, its assignees, and successors in interest(hereinafter referred to as the"contractor")agrees to the following: 1. Compliance with Regulations: The contractor will comply with the Regulations on nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor will not discriminate on the grounds of race, color, or national origin in the selection and holding of subcontractors. This includes obtaining materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 16A38 4 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,the contractor will inform each potential subcontractor or supplier of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. The solicitations includes obtaining materials or leases of equipment, 4. Information and Reports: The contractor will provide all information and reports required by the Regulations or directives. It will also permit access to its books, records, accounts, other sources of information, and its facilities that are determined by the (Recipient) or the (Name of Appropriate Administration)to be important to ensure compliance with such Regulations, orders and instructions. In some cases, another entity possesses the information required of a contractor and refuses to give the information. Here, the contractor will confirm the lack of information with the (Recipient), or the (Name of the Administration) as appropriate, and will explain its efforts to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, the (Recipient) should enforce contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate. Sanctions may include, but are not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies,and/or b. Cancellation,termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor should include the terms of paragraphs (1)through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor will take action on any subcontract or procurement that the (Recipient) or the (Name of Appropriate Administration) directs in order to enforce provisions including sanctions for non-compliance. However, if a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the contractor may ask the (Recipient) to enter into such litigation to protect the interests of the (Recipient). Also, the contractor may ask the United States to enter into such litigation to protect the interests of the United States. 37. Standard Specifications and Plans See- Plans and Spectficationst S ee t c ii:Oounty:B tl3 page~8 . Supplemental Terms and Conditions— Exhibit I 16 8 11 EEO Submittals and Requirements Federal Funded Highway Projects CFDA 20.205 Sub Over Sub Linde: 110 A. PRIME Documents and Forms Due with Bid Package Form Number PRIME 510,000 $,..,0 ID C Equal Employment Opportunity Plan Sample Plan • ❑ ❑ EEO Notification Form 275-021-13 • ❑ ❑ Vehicle Registration 700-010-52 • ❑ ❑ Bid Opportunity List 275-030-10 • ❑ ❑ Declaration of Debarment Exhibit P • ❑ ❑ Certification of Sublet Work 700-010-36 • . ❑ ❑ Anticipated DBE Statement 275-030-12 • ❑ ❑ Certification of Non-Segregated Facilities 275-030-13 • ❑ ❑ Prior to issuing a "Notice To Proceed", the following submittals are required from the Prime and Subcontractors. Submittals due are based upon whether or not the value of the subcontract is above or below$10,000. Sub Over Sub Under B. PRIME and SUB Documents Due Prior to NTP Form Number PRIME $10,000 $10,000 Company EEO Equal Employment Opportunity Plan Sample Plan ❑ • ❑ EEO Notification Form 275-021-13 ❑ • ❑ Supervisors EEO Meeting 275-021-05 • • ❑ Laborers EEO Meeting 275-021-06 • • ❑ EEO Compliance Analysis Questionnaire C-002 • • ❑ Contractors Recruitment Report 275-021-21 • • ❑ Certification of Non-Segregated Facilities 275-030-13 ❑ • ❑ Company Wide EEO Report 275-021-07 ■ • ❑ Statement of Pay Period/Pay Date C-001 • • • Notice of Rental Agreement 700-010-11 • • • Temporary Employment Agency 275-021-15 • • • Certification of Sublet Work 700-010-36 • • • Vehicle Registration 700-010-52 ❑ • ❑ Project EEO Install Job Site Bulletin Board at project work site • ❑ 0 Additional Federal Wage Decision(if applicable) 700-010-67 • ❑ ❑ Post EEO Officer Information on Job Site Bulletin Board 275-020-28 • • ❑ July EEO Report(if applicable) 275-021-08 • ■ ❑ Subcontractor Agreement copy with federal provisions ❑ • • (including reference to the applicability of FHWA 1273 and prevailing wage decision as well as the attachment of these provisions to the subcontract) i Supplemental Terms and Conditions— Exhibit I 16 A 38 3! EEO Submittals and Requirements Federal Funded Highway Projects CFDA 20.205 Sub Over Sub Under C. Weekl PRIME and SUB Submittals Durin: Pro ect Form Number PRIME 10 000 10 000 Certified Wage and Hour Statement (Weekly)700-010-59 • • • Changes in DBEs REVISED 275-030-10 ■ ❑ ❑ Changes in Sublets REVISED 700-010-36 • • • Changes in Rental Agreements REVISED 700-010-11 ■ • • Changes in Temp Labor REVISED 275-021-15 • • • D. Interviews and Monitoring Reports Form Number Frequency Job Site Bulletin Board Inspection 275-021-10 1st Day,Quarterly Labor Interviews(Prime,Subs, DBEs) 700-010-63 2 per Month Trucker Interviews(Onsite and Offsite) 700-010-61 As Needed CFU-DBE Monitoring Report 275-021-18 1st 90 days from physical start FDOT Daily Construction Log 700-010-13 Daily Supervisor EEO Meeting 275-021-05 30 Days of hire,6 months Labor EEO Meeting 275-021-06 30 Days of hire,6 months The following summarizes pay application requirements and monthly compliance submittals. Note that FOOT mandates submittal of all subcontractor invoices to monitor EEO requirements on subcontractors. Also note that there are required monthly submittals regardless of whether the PRIME submits a monthly invoice or not. The PRIME may submit all compliance documents with the pay application if invoicing is completed on a monthly basis. Pay App E. EEO Invoicing Requirements Form Number Pay App With DBEs Monthly Summary of Subcontractor Payments C-003 • • • Compliance with Specs and Plans 700-020-02 • • • Compliance with EEO Provisions 700-011-13 • • • Disbr. of Prey. Periodic Payments to Subcontractors 700-010-38 • • ❑ Copy of Subcontractor Invoices • • ❑ Proof of payment to Subcontractors(release of lien,etc) • • ❑ Copy of payment(check)to DBE Subcontractor • • ❑ For a complete guide to EEO contract compliance, visit the FDOT website at: http://www.dot.state.fl.us/equalopportunitvoffice/ContractComplianceWorkbook.shtm FDOT Interactive PDF forms may now be found online at: http://www.dot.state.fl.us/proceduraldocuments/ • 16A38W EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ ITB 13-6101 White Blvd Sidewalk Improvements 80 16 A38 EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ ITB 13-6101 White Blvd Sidewalk Improvements 81 [ 6A38 EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ ITB 13-6101 White Blvd Sidewalk Improvements 82 16 A38 1 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/, 13-6101 — Plan Set ITB 13-6101 White Blvd Sidewalk Improvements 83 16 A38 ,_ g ab- , , , , , _. „.. 1 a $� ' � $ s N^ ilid x u .�: t 4el 1S:iP]1ll ' d eGip <C $ $ k }t,my a ,i k W +\ W i w .. 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I , ' 1 IIIIU111IIII1nIIlq® ! ; Illlilinl ,a 111111 I _ II0�q n0I111111n11III II i 1. p 11 ; 1 I IlIINII•IIInn i_1111n� ` III ,.1_1 'rib., 1_ 1 110111nnU1II111 i !_ II 11111111 , ! I , man= 1 _ ■ i 1111 1 0111 . i ry 1 01 nln11nIIIq 1gq1I1 I ■OIIIllIM1 �I ;Li,Ti. Innn111uu111111 i I NIIIIII Li r; : 1111111111 . 111010110 ...!. .1 -T I.: '1 : p1 , _. 0111111 v 111011//10111 ! it I " 111 IIIIIIg11, i Ilnll l a": _ _;- ' 11111 - ' � , ll%llUfIn1I0 1lIn1 lIIlIl ll I., 4. ' 01 ; IIID11 1~..�! ;, '.i , f 1111111II=IIUIII10111 Illlrt !f : !IIn101n11 1 I ; 0 nngm I I r/ fllun01I11 2,.',. ! II ._ I i Tgi 1111llnl�nin101 ;I 1111111111 ! , r� IINI I n11UI0111IU1 1 I0u•inIIIUII11 1 1111111!! � _, • . 1 Inmngl11MI1 __ _ I� ® Iu01m1I , it n " r ; , ; ,� •IfIl•0ulnUll 1 �, , i �1e11 ; Inl nnIIRI�u i � II L......:_, ®1®n11III111 ."-,__ _77-7 _.;_' 1111111- 01llI ' i II I q I _ 111 Cnlall I I I " I ®1111 , IIUI ' ''� _ ;r t i'n' 1- n =�n1=n111IIIIII i 01001111011 16 A38 ' 4 IS m . 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I ; 1 � IUnlnlln1m11 1 1 E111 11n111p 1 ' 00111- 10_1110 ilium �1 , 1101® :{ nnl�mnnmunn NU1�Inlnl m11nmfI y ' /111101111 1 •1111101_._,______, 11 1 INUI10IIMIIN•hVI11n manuml11Im1;1n1 1I n110re1 I �1 1 , : 11 1f91m 1n1n111 11x1 � I 1 t! m Inn1 . II T ,s , 1` ' E 1, I ' ,� 11 ' ' 11Mf I ,; ii 1'id 11 111 ! ' i i 11=�®®Nunn C i 111k1!1n , ` 1 ' , ® Milli I I i 11 1 ; 1111111 1 1 nelnl111nI111n111n11 ! 01t�lln IIImI9 I, _ ®UIIfh1IU1Il®hhhID 11111U Hlmf nlln `!IIIInlnn111 �D1n1 1®111- Il :3� _ In1111111110_ti 11 11 1101 ..._II. 11®1®' r r'_ _Ftg 7! �t10 I E'• IIInn t 4:.'x11 _ g nl m1tk� d e�0 _I __ 1111111 I , :: 0174.!�L- ; ! mIN11 Y n :f ,. . - 1_ t pu®111 ! I i I ; : ; ; n1n1111m ■ ' hi R c _-1111 M th-1 1 _!1 ■ ell .,4T 1111 'fi 1 110111 nl1InIII I !_III .�g ill.. .1f>IR':� 111 } 101010 [ . 11n11111n■ lnnl p I �i i I r _ m '.r 1110 i .11111 u i in u ! IEM Q..Md .! ! 10uUI 18111 i 1_.__ fi ; I r 1* MOM I 11■11■ 11 ' � ' �1� 1 1111 I t j 1101101 , 1 ._11110. 111 11 1 , ' , 1 1 . 1 ! 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IU�1/®11111110 L ._3_,' nnlWnl u�unlulluln Il!mnllnnlmnala r 7 ' Inlummin ' 1 1111u�1 Dy IH ulnluunln ' "'1 I911 i lad v ' a m m ,� u 1 1 1 1 1 I i i Immnln® llaliau'n1nl1111 1 IBM F ,'_L I + 11111111 u111u�p In11111a ' �111111I1H1110,uu11 111�►_ 1 ununm1t1H11 ! 1a11aa��111UMMI 11i s i 1na11 '� 1111 ; aallmllllfn hInlnllnluu- n1nl�linn r` 1llIUMI 11111111 ■a1n111mu nlnnnnl :+1T • I•__,_:_:_• ill .1..L II mangy, ! i Innlnnnnl `1 11111 i_ 1 n�U1.. ' i i i'N ! ES,., 1® ° 1111111111 Mil ' 1 ® 11IU1 1 , ' ' � Ili _1111111 111111 1:. rr. It" i..uu�llrun11®111N111N l i HI1gi I 1 uIflhII. ' 1 u111mii- - 11 .� „ . • ,.._ __. ._ '.:"i ! IC'4a1.14u I., 11n111HU1 1 1•i11 . ' Inr�' i®IIIlnn mii0 "' ril .G[ i nnlllIll! I II 4._ Iuiu1 11 uj Ian �'..- 1 E - IEIn 1 :? $':i i,�l 11 %1 111111111111 : ; ! i IH Inr1IIInhli11UU1111 i _ .4, Ili '1 aI: I iz I as 1 ; fill _ !-i-., IMIIIE®W W i ' .� _�a_ ulnnI I 1 L' ; ltnnlla + -. g, o I 1 _. 1 aIIlal a Inveigling kc i nn11IW , ; Ills l®nlalUl 111■1111 ua� In11nml11a!1 au�11 ®I•U1n1 11111 alnlm1111®llla I11uIlUW111 !_I , nia .• . _ 11 " 1 ®Ia111 �u11111 � �� L 1 � 111®IIIau ._111 _nll®Illln nll.f � ! , N ' � ' II ul 1111 F ; ,' i ,- .. m u111a11®1 11 r' ,1 �IIa11IH11 r11111 ' ii : Hi i 1111111111111111011 f4 as a iQ o . _ X111; ' , :111111111 Ilan 11fnnalUall 11 HIIenn VIII raz§ _ ul® �. �_r. , , ,,. T - iR,�1a111111a11111111 dl 1111111 L�' 11111 IIIIIn111I1111 'll IIIIIanalll ' 7L. L. i ! ' ' 01 , i ; : ' lamlUu r 1 1111011wH11UI111nIWU ! 1 111 i .1 1 U• IHia IHUIEHEIII II IIIU *ii i I - i 1113113111111111111 'I RIM 11111 • 1111111a11�1IN �' II � �; - IIq ! i_ f i 111an® _ a. � ! 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