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Agenda 05/14/2019 Item #16A18 (ITB #19-7519 Vanderbilt Beach Rd Bike Lanes)05/14/2019 EXECUTIVE SUMMARY Recommendation to award an Agreement for Invitation to Bid No. 19 -7519 the “Vanderbilt Beach Road (CR 862) Bike Lanes” project to Quality Enterprises USA, Inc., in the amount of $410,337.30; and to acknowledge a time extension to a Local Agency Program Agreement with the Florida Department of Transportation for construction of Vanderbilt Beach Road (CR 862) Bike Lanes (FPN #435118-58-01, Project No. 33503). OBJECTIVE: To provide five-foot wide bike lane improvements in North Naples on the north and south sides of Vanderbilt Beach Road (CR 862) from Gulf Pavillion Drive to Vanderbilt Drive (CR 901). To acknowledge a time extension to a Local Agency Program Agreement with the Florida Department of Transportation for construction of Vanderbilt Beach Road (CR 862) Bike Lanes (FPN #435118-58-01, Project No. 33503). CONSIDERATION: On March 28, 2017 (Agenda Item 16A5), the Board approved a Local Agency Program (“LAP”) Agreement with the Florida Department of Transportation (“FDOT”) for the Vanderbilt Beach Road (CR 862) Bike Lanes project. That Agreement set aside funding to be reimbursable up to the amount of $282,367 for construction of this project. On December 20, 2018, the Purchasing Department sent 20,920 notices to vendors for ITB No. 19-7519 for the construction of bike lanes in North Naples. Interested contractors downloaded seventy-nine bid packages and the County received five bids by the January 24, 2019 deadline. The bid results are as follows: Respondents: Company Name City County ST Bid Amount Responsive/ Responsible Quality Enterprises USA, Inc Naples Collier FL $410,337.30 Yes/Yes Coastal Concrete Products, LLC Fort Myers Lee FL $539,856.50 Yes/Yes Preferred Materials, Inc. Tampa Hillsborough FL $596,291.10 Yes/Yes Community Asphalt Corporation Fort Myers Lee FL $597,000.00 Yes/Yes Ajax Paving Industries of FL North Venice Sarasota FL $640,754.80 Yes/Yes Staff and the Design Engineer reviewed the unit pricing on the bid tab and found Quality Enterprises USA, Inc., to be the lowest, qualified and responsive bidder with a bid of $410,337.30. The Design Engineer’s opinion of probable cost for the project was $367,145. Quality Enterprises USA, Inc.’s bid is 11.7 % higher than the Engineer’s estimate. The Design Engineer’s letter of recommendation to award to low bidder Quality Enterprises USA, Inc., is attached. The LAP agreement is set to expire on June 30, 2019. To complete the LAP administrative closeout procedures after construction, FDOT approved a 12-month extension to the LAP agreement to June 30, 2020. Time Extension Request #1 is attached for the acknowledgement of the Board. FISCAL IMPACT: Funds in the amount of $282,367.00 are available in Transportation Grant Fund 711, Project #33503. This project is part of a FDOT LAP Agreement, FM 435118-1-58-01. Funds are made available to FDOT through the US Department of Transportation Federal Highway Administration. A budget amendment will be necessary to appropriate funds in the amount of $128,071.45. Funds are available in Transportation Capital Fund 310, project 60118. 16.A.18 Packet Pg. 847 05/14/2019 The estimated useful life of asphalt bike lanes is 20 years with minimal to no repair cost during that duration of time. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. There is no growth management impact associated with the time extension. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve and authorize the Chairman to execute the attached Agreement with Quality Enterprises USA, Inc., in the amount of $410,337.30, approve all budget amendments necessary to recognize and appropriate funds for construction, and to ac knowledge FDOT’s approved time extension to June 30, 2020 for the LAP Agreement (FPN Number: 435118 -1-58-01), whereby Collier County will be reimbursed up to $282,367.00 for bike lane improvements on Vanderbilt Beach Road (CR 862). Prepared by: Chad Sweet, P.E., PMP, Senior Project Manager, Transportation Engineering Division, Growth Management Department. ATTACHMENT(S) 1. 19-7519 NORA_Executed (PDF) 2. 19-7519 Engineer's Letter of Recommendation (PDF) 3. 19-7519 Bid Tab (XLSX) 4. 19-7519 QualityEnterprise_Insurance_4-15-19 (PDF) 5. 435118-1 Time Extension #1 Approval Letter (PDF) 6. [Linked]Specifications for 435118-1 (Signed and Sealed 10-03-2018) - Copy (PDF) 7. [Linked] 19-7519 Quality Enterprise_Contract_VendorSigned_with_Bonds (PDF) 8. [Linked] Final Plans for 435118-1 ( Signed and Sealed 10-4-2018) (PDF) 16.A.18 Packet Pg. 848 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Doc ID: 8569 Item Summary: Recommendation to award an Agreement for Invitation to Bid No. 19-7519 the “Vanderbilt Beach Road (CR 862) Bike Lanes” project to Quality Enterprises USA, Inc., in the amount of $410,337.30; and to acknowledge a time extension to a Local Agency Program Agreement with the Florida Department of Transportation for construction of Vanderbilt Beach Road (CR 862) Bike Lanes (FPN #435118-58-01, Project No. 33503). Meeting Date: 05/14/2019 Prepared by: Title: Sr. Project Manager – Transportation Engineering Name: Chad Sweet 04/05/2019 4:01 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 04/05/2019 4:01 PM Approved By: Review: Growth Management Department Christine Arnold Level 1 Reviewer Completed 04/08/2019 8:39 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/08/2019 8:51 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 04/08/2019 8:57 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/08/2019 11:26 AM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 04/08/2019 11:29 AM Growth Management Department Anthony Khawaja Additional Reviewer Completed 04/08/2019 2:57 PM Growth Management Department Gene Shue Additional Reviewer Completed 04/09/2019 6:37 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/19/2019 10:08 AM Procurement Services Sandra Herrera Additional Reviewer Completed 04/19/2019 11:06 AM Procurement Services Barbara Lance Additional Reviewer Completed 04/19/2019 2:30 PM Procurement Services Ted Coyman Additional Reviewer Completed 04/23/2019 10:33 AM Procurement Services Swainson Hall Additional Reviewer Completed 04/24/2019 2:26 PM Growth Management Department James C French Deputy Department Head Review Skipped 04/08/2019 4:51 PM Grants Erica Robinson Level 2 Grants Review Completed 04/24/2019 4:16 PM Grants Carrie Kurutz Additional Reviewer Completed 04/24/2019 5:15 PM 16.A.18 Packet Pg. 849 05/14/2019 Growth Management Department Thaddeus Cohen Department Head Review Completed 04/26/2019 11:43 AM County Attorney's Office Scott Teach Additional Reviewer Completed 04/29/2019 10:46 AM County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 04/29/2019 11:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/29/2019 11:36 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/30/2019 5:04 PM Grants Therese Stanley Additional Reviewer Completed 05/03/2019 1:33 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/06/2019 4:51 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/07/2019 8:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 16.A.18 Packet Pg. 850 16.A.18.a Packet Pg. 851 Attachment: 19-7519 NORA_Executed (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) 2350 Stanford Court  Naples, FL 34112 (239) 434-0333  Fax (239) 334-3661 9/53. March 13, 2019 Mr. Chad Sweet, P.E. Collier County Growth Management Dept. Transportation Engineering Division 2885 S. Horseshoe Drive Naples, FL 34104 Re: Bid No. 19-7519 - Vanderbilt Beach Rd (CR 862) Bike Lanes, Collier County, Florida (FDOT FPID No. 435118-1-58-01) Low Bidder: Quality Enterprises USA, Inc. Dear Mr. Sweet: The bid opening for the above-referenced project took place on January 24, 2019. Collier County provided the results of the bid opening to Johnson Engineering, Inc. on January 28, 2019. Johnson Engineering, Inc. performed an evaluation of the results and our recommendation is contained herein. Collier County received five (5) bids by the deadline established on the Invitation to Bid. All bids were deemed responsive by Collier County Procurement Services. The bids listed below are from lowest to highest: FIRM BASE BID AMOUNT Quality Enterprises USA, Inc. $410,337.30 Coastal Concrete Products, LLC $539,856.50 Preferred Materials, Inc. $596,291.10 Community Asphalt $597,000.00 Ajax Paving Industries of Florida $640,754.80 For comparison purposes, Johnson Engineering, Inc. provided Collier County with an Opinion of Probable Construction Cost on October 4, 2018 of approximately $367,145. Following the opening, Collier County prepared a Bid Tabulation, which was used to do a bid analysis and check for mathematical errors. Based on the information provided, no mathematical errors appear to have been found and the results show Quality Enterprises USA, Inc. as the lowest responsive bidder. See attached for the bid analysis. Verification of the reference information provided by Quality Enterprises USA, Inc. was requested from each reference. See attached for each response. Based upon our review, the low bidder Quality Enterprises USA, Inc. appears to be a reasonable and responsive bid. Subject to concurrence with Collier County’s Purchasing and Contracts Division, and the contractor furnishing the appropriate bonding and other required insurances, we believe selection of Quality Enterprises USA, Inc. by Collier County for the intended work contained within the bid documents to be an appropriate choice. Should you have any questions, or require additional information, please let me know. Sincerely, JOHNSON ENGINEERING, INC. Joshua Hildebrand, P.E., PTOE Transportation Engineer SINCE 1946 16.A.18.b Packet Pg. 852 Attachment: 19-7519 Engineer's Letter of Recommendation (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) Chad Sweet Notices Sent: 20,920 Barbara Lance Bid Packages Downloaded 79 Submittals: 5 1 101-1 MOBILIZATION LS 1 78,800.00$ 78,800.00$ 31,500.00$ 31,500.00$ 82,600.00$ 82,600.00$ 49,130.00$ 49,130.00$ 60,000.00$ 60,000.00$ 55,900.00$ 55,900.00$ 2 102-1 MAINTENANCE OF TRAFFIC LS 1 21,050.00$ 21,050.00$ 14,500.00$ 14,500.00$ 66,400.00$ 66,400.00$ 74,880.00$ 74,880.00$ 36,000.00$ 36,000.00$ 28,000.00$ 28,000.00$ 3 104-10-3 SEDIMENT BARRIER LF 640 2.10$ 1,344.00$ 2.25$ 1,440.00$ 2.26$ 1,446.40$ 3.20$ 2,048.00$ 1.20$ 768.00$ 2.50$ 1,600.00$ 4 104-18 INLET PROTECTION SYSTEM EA 8 205.00$ 1,640.00$ 100.00$ 800.00$ 311.00$ 2,488.00$ 158.00$ 1,264.00$ 120.00$ 960.00$ 300.00$ 2,400.00$ 5 110-1-1 CLEARING & GRUBBING LS 1 30,260.00$ 30,260.00$ 12,500.00$ 12,500.00$ 72,610.00$ 72,610.00$ 165,891.20$ 165,891.20$ 31,500.00$ 31,500.00$ 10,000.00$ 10,000.00$ 6 120-1 EXCAVATION CY 852 17.00$ 14,484.00$ 32.00$ 27,264.00$ 30.00$ 25,560.00$ 27.90$ 23,770.80$ 51.20$ 43,622.40$ 20.00$ 17,040.00$ 7 120-6 EMBANKMENT CY 289 13.00$ 3,757.00$ 42.00$ 12,138.00$ 25.00$ 7,225.00$ 23.10$ 6,675.90$ 38.55$ 11,140.95$ 25.00$ 7,225.00$ 8 160-4 TYPE B STABILIZATION SY 7,319 2.50$ 18,297.50$ 17.00$ 124,423.00$ 12.30$ 90,023.70$ 11.40$ 83,436.60$ 25.50$ 186,634.50$ 8.00$ 58,552.00$ 9 285-701 OPTIONAL BASE, BASE GROUP 01 SY 3,104 12.00$ 37,248.00$ 25.00$ 77,600.00$ 12.00$ 37,248.00$ 10.70$ 33,212.80$ 28.90$ 89,705.60$ 12.00$ 37,248.00$ 10 285-706 OPTIONAL BASE, BASE GROUP 06 SY 865 19.30$ 16,694.50$ 26.00$ 22,490.00$ 25.00$ 21,625.00$ 23.60$ 20,414.00$ 42.30$ 36,589.50$ 18.00$ 15,570.00$ 11 327-70-1 MILLING EXIST. ASPHALT PAVEMENT, 1" AVG DEPTH SY 1,959 4.30$ 8,423.70$ 7.50$ 14,692.50$ 5.15$ 10,088.85$ 4.00$ 7,836.00$ 4.95$ 9,697.05$ 2.00$ 3,918.00$ 12 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C, SP 12.5 (2.5")TN 111 275.00$ 30,525.00$ 270.00$ 29,970.00$ 191.00$ 21,201.00$ 231.00$ 25,641.00$ 230.00$ 25,530.00$ 125.00$ 13,875.00$ 13 337-7-82 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C, FC-9.5, PG 76-22 (1")TN 312 205.00$ 63,960.00$ 260.00$ 81,120.00$ 178.00$ 55,536.00$ 149.00$ 46,488.00$ 175.00$ 54,600.00$ 175.00$ 54,600.00$ 14 430-174-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF 8 130.00$ 1,040.00$ 155.00$ 1,240.00$ 452.00$ 3,616.00$ 210.00$ 1,680.00$ 180.00$ 1,440.00$ 55.00$ 440.00$ 15 430-984-123 MITERED END SECTION, OPTIONAL ROUND, 15" SD EA 2 1,700.00$ 3,400.00$ 1,750.00$ 3,500.00$ 2,260.00$ 4,520.00$ 1,580.00$ 3,160.00$ 1,805.00$ 3,610.00$ 2,000.00$ 4,000.00$ 16 430-94-1 DESILTING PIPE, 0 - 24" LF 130 18.00$ 2,340.00$ 32.00$ 4,160.00$ 29.00$ 3,770.00$ 10.50$ 1,365.00$ 12.00$ 1,560.00$ 4.00$ 520.00$ 17 520-1-7 CONCRETE CURB & GUTTER, TYPE E LF 38 30.00$ 1,140.00$ 65.00$ 2,470.00$ 85.00$ 3,230.00$ 19.50$ 741.00$ 25.00$ 950.00$ 35.00$ 1,330.00$ 18 520-2-4 CONCRETE CURB, TYPE D LF 25 24.00$ 600.00$ 65.00$ 1,625.00$ 107.00$ 2,675.00$ 15.30$ 382.50$ 25.00$ 625.00$ 35.00$ 875.00$ 19 522-2 CONCRETE SIDEWALK, 6" THICK SY 9 70.00$ 630.00$ 305.00$ 2,745.00$ 362.00$ 3,258.00$ 63.90$ 575.10$ 60.00$ 540.00$ 50.00$ 450.00$ 20 527-2 DETECTABLE WARNING, YELLOW SF 11 30.00$ 330.00$ 35.00$ 385.00$ 51.00$ 561.00$ 23.70$ 260.70$ 2.40$ 26.40$ 28.00$ 308.00$ 21 570-1-2 PERFORMANCE TURF, SOD SY 7,576 5.00$ 37,880.00$ 4.50$ 34,092.00$ 7.00$ 53,032.00$ 2.80$ 21,212.80$ 2.40$ 18,182.40$ 3.00$ 22,728.00$ 22 635-2-12 PULL AND SPLICE BOX, ADJUST EXISTING LS 2 1,050.00$ 2,100.00$ 1,500.00$ 3,000.00$ 1,000.00$ 2,000.00$ 705.00$ 1,410.00$ 1,205.00$ 2,410.00$ 500.00$ 1,000.00$ 23 700-1-11 SINGLE POST SIGN, F&I, LESS THAN 12 SF AS 8 360.00$ 2,880.00$ 450.00$ 3,600.00$ 68.00$ 544.00$ 205.00$ 1,640.00$ 235.00$ 1,880.00$ 350.00$ 2,800.00$ 24 700-1-50 SINGLE POST SIGN, RELOCATE AS 3 150.00$ 450.00$ 350.00$ 1,050.00$ 283.00$ 849.00$ 131.00$ 393.00$ 150.00$ 450.00$ 250.00$ 750.00$ 25 700-1-60 SINGLE POST SIGN, REMOVE AS 11 40.00$ 440.00$ 75.00$ 825.00$ 113.00$ 1,243.00$ 26.30$ 289.30$ 30.00$ 330.00$ 100.00$ 1,100.00$ 26 706-3 RETRO-REFLECTIVE PAVEMENT MARKER EA 86 5.20$ 447.20$ 25.00$ 2,150.00$ 4.50$ 387.00$ 4.20$ 361.20$ 4.85$ 417.10$ 4.00$ 344.00$ 27 710-90 PAVEMENT MARKINGS FINAL SURFACE LS 1 7,500.00$ 7,500.00$ 8,500.00$ 8,500.00$ 6,461.00$ 6,461.00$ 6,010.00$ 6,010.00$ 6,900.00$ 6,900.00$ 7,000.00$ 7,000.00$ 28 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE OR SYMBOL EA 15 45.00$ 675.00$ 45.00$ 675.00$ 39.00$ 585.00$ 36.80$ 552.00$ 42.15$ 632.25$ 100.00$ 1,500.00$ 29 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS EA 15 32.00$ 480.00$ 30.00$ 450.00$ 28.00$ 420.00$ 26.30$ 394.50$ 30.00$ 450.00$ 100.00$ 1,500.00$ 30 711-11-123 THERMO., STD., WHITE, SOLID, CROSSWALK/RA, 12"LF 99 3.60$ 356.40$ 4.00$ 396.00$ 3.11$ 307.89$ 2.90$ 287.10$ 3.30$ 326.70$ 3.75$ 371.25$ 31 711-11-124 THERMO., STD., WHITE, SOLID, DIAG./CHEVRONS, 18"LF 218 5.30$ 1,155.40$ 5.50$ 1,199.00$ 4.64$ 1,011.52$ 4.30$ 937.40$ 4.95$ 1,079.10$ 4.00$ 872.00$ 32 711-11-125 THERMO., STD., WHITE, SOLID, STOP LINE, 24" LF 141 7.00$ 987.00$ 7.00$ 987.00$ 6.22$ 877.02$ 5.80$ 817.80$ 6.60$ 930.60$ 4.50$ 634.50$ 33 711-11-141 THERMO., STD., WHITE, GUIDE LINE 6" (2/4) GM 0.120 3,880.00$ 465.60$ 4,000.00$ 480.00$ 3,393.00$ 407.16$ 3,160.00$ 379.20$ 3,615.00$ 433.80$ 150.00$ 18.00$ 34 711-11-170 THERMO., STD., ARROWS (RIGHT) EA 12 95.00$ 1,140.00$ 95.00$ 1,140.00$ 85.00$ 1,020.00$ 78.90$ 946.80$ 90.30$ 1,083.60$ 150.00$ 1,800.00$ 35 711-16-101 THERMO., STD. - OTHER, WHITE, SOLID, 6" GM 1.590 5,100.00$ 8,109.00$ 5,000.00$ 7,950.00$ 4,524.00$ 7,193.16$ 4,210.00$ 6,693.90$ 4,815.00$ 7,655.85$ 4,500.00$ 7,155.00$ 36 711-16-102 THERMO., STD. - OTHER, WHITE, SOLID, 8" GM 0.040 7,700.00$ 308.00$ 7,500.00$ 300.00$ 6,785.00$ 271.40$ 6,310.00$ 252.40$ 7,225.00$ 289.00$ 5,500.00$ 220.00$ 37 ASB-1 AS-BUILT RECORD DRAWINGS LS 1 9,000.00$ 9,000.00$ 6,500.00$ 6,500.00$ 4,000.00$ 4,000.00$ 5,570.00$ 5,570.00$ 1,805.00$ 1,805.00$ 3,500.00$ 3,500.00$ 410,337.30$ Bid Response Form (Form 1) Contractors Key Personnel Assigned to the Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Vendor Substitute W-9 (Form 12) Bidders Checklist (Form 13) Business Tax Receipt Grant Provisions Package Opened By: Barbara Lance Witnessed By: Kris Lopez Bid Open Date: January 24, 2019 Responsive Responsive Bid Bond (Form 7) Yes Yes N/A Yes Yes Responsive Responsive Responsive Yes Yes Yes Yes Yes Yes Yes Addendums (3) Yes Yes N/A Yes Yes Engineer's Estimate UNIT PRICE PAY ITEM TOTAL 539,856.50$ 640,754.80$ 367,143.75$ Yes Yes Responsive Check (Yes/No) Yes N/A Yes N/A TOTAL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes N/A YesYes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes YesYes Yes Yes PAY ITEM TOTAL 596,291.10$ Yes Yes 597,000.00$ Yes Project Manager: Procurment Strategist: PAY ITEM NO.DESCRIPTION 19-7519 Vanderbilt Beach Rd (CR 862) Bike Lanes FPID No. 435118-1-58-01 BID SCHEDULE OF VALUES PAY ITEM TOTAL Quality Enterprises USA Coastal Concrete Products, LLC Ajax Paving Industries of FL Preferred Materials, Inc. UNIT PRICE PAY ITEM TOTALUNIT PRICE PAY ITEM TOTAL UNIT PRICE Community Asphalt UNIT PRICE PAY ITEM TOTALITEM UNIT EST. QTY. UNIT PRICE Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes 16.A.18.b Packet Pg. 853 Attachment: 19-7519 Engineer's Letter of Recommendation (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) 16.A.18.b Packet Pg. 854 Attachment: 19-7519 Engineer's Letter of Recommendation (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) VENDOR REFERENCE CHECK LOG Solicitation No.: Bid No. 19-7519 Reference Requested (via email) by: Josh Hildebrand, P.E., PTOE Solicitation Title: Vanderbilt Beach Rd (CR 862) Bike Lanes Date: 3/8/2019 Bidder’s Name: Quality Enterprises USA, Inc. Phone/Email: jjh@johnsoneng.com Design Entity: Johnson Engineering, Inc. REFERENCED PROJECT: Project Name: Golden Gate Parkway @ Livingston Road Improvements Project Location: Naples, FL Project Description: Roadway widening & drainage Completion Date: September 2017 Contract Value: $289,129.00 Project Owner/Title: Collier County Owner’s Address: 2885 S. Horseshoe Drive, Naples, FL Phone: 239-252-5794 Owner’s Contact Person: Jim Zuver E-Mail: James.Zuver@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. We had to suspend construction while we waited for the special light poles. No fault of the contractor. 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes. This was a LAP Project 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No issues 7. Additional comments: The contractor did not understand what the item “Utility Locates, Underground” was for. 16.A.18.b Packet Pg. 855 Attachment: 19-7519 Engineer's Letter of Recommendation (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) VENDOR REFERENCE CHECK LOG Solicitation No.: Bid No. 19-7519 Reference Requested (via email) by: Josh Hildebrand, P.E., PTOE Solicitation Title: Vanderbilt Beach Rd (CR 862) Bike Lanes Date: 3/8/2019 Bidder’s Name: Quality Enterprises USA, Inc. Phone/Email: jjh@johnsoneng.com Design Entity: Johnson Engineering, Inc. REFERENCED PROJECT: Project Name: Lake Trafford Memorial Gardens Drainage Improvements Project Location: Immokalee, FL Project Description: Drainage pipe & structure installation, Asphalt paving Completion Date: December 2018 Contract Value: $212,965.00 Project Owner/Title: Collier County Owner’s Address: 2800 N. Horseshoe Drive, Naples, FL Phone: 239-877-8274 Owner’s Contact Person: Claude Nesbitt E-Mail: Claude.nesbitt@colliercountyfl.gov 1. Was project completed timely and within budget? (If not, provide detail) Yes 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Yes 3. Was the construction process performed satisfactorily? (If not, provide detail) Yes 4. Did the process run smoothly? Were there any changes? Describe below. Yes 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? No 7. Additional comments: Quality was professional, responsive, and completed quality workmanship. 16.A.18.b Packet Pg. 856 Attachment: 19-7519 Engineer's Letter of Recommendation (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) Chad Sweet Notices Sent:20,920 Barbara Lance Bid Packages Downloaded 79 Submittals:5 1 101-1 MOBILIZATION LS 1 78,800.00$ 78,800.00$ 31,500.00$ 31,500.00$ 82,600.00$ 82,600.00$ 49,130.00$ 49,130.00$ 60,000.00$ 60,000.00$ 559,600.00$ 55,900.00$ 2 102-1 MAINTENANCE OF TRAFFIC LS 1 21,050.00$ 21,050.00$ 14,500.00$ 14,500.00$ 66,400.00$ 66,400.00$ 74,880.00$ 74,880.00$ 36,000.00$ 36,000.00$ 28,000.00$ 28,000.00$ 3 104-10-3 SEDIMENT BARRIER LF 640 2.10$ 1,344.00$ 2.25$ 1,440.00$ 2.26$ 1,446.40$ 3.20$ 2,048.00$ 1.20$ 768.00$ 2.50$ 1,600.00$ 4 104-18 INLET PROTECTION SYSTEM EA 8 205.00$ 1,640.00$ 100.00$ 800.00$ 311.00$ 2,488.00$ 158.00$ 1,264.00$ 120.00$ 960.00$ 300.00$ 2,400.00$ 5 110-1-1 CLEARING & GRUBBING LS 1 30,260.00$ 30,260.00$ 12,500.00$ 12,500.00$ 72,610.00$ 72,610.00$ 165,891.20$ 165,891.20$ 31,500.00$ 31,500.00$ 10,000.00$ 10,000.00$ 6 120-1 EXCAVATION CY 852 17.00$ 14,484.00$ 32.00$ 27,264.00$ 30.00$ 25,560.00$ 27.90$ 23,770.80$ 51.20$ 43,622.40$ 20.00$ 17,040.00$ 7 120-6 EMBANKMENT CY 289 13.00$ 3,757.00$ 42.00$ 12,138.00$ 25.00$ 7,225.00$ 23.10$ 6,675.90$ 38.55$ 11,140.95$ 25.00$ 7,225.00$ 8 160-4 TYPE B STABILIZATION SY 7,319 2.50$ 18,297.50$ 17.00$ 124,423.00$ 12.30$ 90,023.70$ 11.40$ 83,436.60$ 25.50$ 186,634.50$ 8.00$ 58,552.00$ 9 285-701 OPTIONAL BASE, BASE GROUP 01 SY 3,104 12.00$ 37,248.00$ 25.00$ 77,600.00$ 12.00$ 37,248.00$ 10.70$ 33,212.80$ 28.90$ 89,705.60$ 12.00$ 37,248.00$ 10 285-706 OPTIONAL BASE, BASE GROUP 06 SY 865 19.30$ 16,694.50$ 26.00$ 22,490.00$ 25.00$ 21,625.00$ 23.60$ 20,414.00$ 42.30$ 36,589.50$ 18.00$ 15,570.00$ 11 327-70-1 MILLING EXIST. ASPHALT PAVEMENT, 1" AVG DEPTH SY 1,959 4.30$ 8,423.70$ 7.50$ 14,692.50$ 5.15$ 10,088.85$ 4.00$ 7,836.00$ 4.95$ 9,697.05$ 2.00$ 3,918.00$ 12 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C, SP 12.5 (2.5")TN 111 275.00$ 30,525.00$ 270.00$ 29,970.00$ 191.00$ 21,201.00$ 231.00$ 25,641.00$ 230.00$ 25,530.00$ 125.00$ 13,875.00$ 13 337-7-82 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C, FC-9.5, PG 76-22 (1")TN 312 205.00$ 63,960.00$ 260.00$ 81,120.00$ 178.00$ 55,536.00$ 149.00$ 46,488.00$ 175.00$ 54,600.00$ 175.00$ 54,600.00$ 14 430-174-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF 8 130.00$ 1,040.00$ 155.00$ 1,240.00$ 452.00$ 3,616.00$ 210.00$ 1,680.00$ 180.00$ 1,440.00$ 55.00$ 440.00$ 15 430-984-123 MITERED END SECTION, OPTIONAL ROUND, 15" SD EA 2 1,700.00$ 3,400.00$ 1,750.00$ 3,500.00$ 2,260.00$ 4,520.00$ 1,580.00$ 3,160.00$ 1,805.00$ 3,610.00$ 2,000.00$ 4,000.00$ 16 430-94-1 DESILTING PIPE, 0 - 24"LF 130 18.00$ 2,340.00$ 32.00$ 4,160.00$ 29.00$ 3,770.00$ 10.50$ 1,365.00$ 12.00$ 1,560.00$ 4.00$ 520.00$ 17 520-1-7 CONCRETE CURB & GUTTER, TYPE E LF 38 30.00$ 1,140.00$ 65.00$ 2,470.00$ 85.00$ 3,230.00$ 19.50$ 741.00$ 25.00$ 950.00$ 35.00$ 1,330.00$ 18 520-2-4 CONCRETE CURB, TYPE D LF 25 24.00$ 600.00$ 65.00$ 1,625.00$ 107.00$ 2,675.00$ 15.30$ 382.50$ 25.00$ 625.00$ 35.00$ 875.00$ 19 522-2 CONCRETE SIDEWALK, 6" THICK SY 9 70.00$ 630.00$ 305.00$ 2,745.00$ 362.00$ 3,258.00$ 63.90$ 575.10$ 60.00$ 540.00$ 50.00$ 450.00$ 20 527-2 DETECTABLE WARNING, YELLOW SF 11 30.00$ 330.00$ 35.00$ 385.00$ 51.00$ 561.00$ 23.70$ 260.70$ 2.40$ 26.40$ 28.00$ 308.00$ 21 570-1-2 PERFORMANCE TURF, SOD SY 7,576 5.00$ 37,880.00$ 4.50$ 34,092.00$ 7.00$ 53,032.00$ 2.80$ 21,212.80$ 2.40$ 18,182.40$ 3.00$ 22,728.00$ 22 635-2-12 PULL AND SPLICE BOX, ADJUST EXISTING LS 2 1,050.00$ 2,100.00$ 1,500.00$ 3,000.00$ 1,000.00$ 2,000.00$ 705.00$ 1,410.00$ 1,205.00$ 2,410.00$ 500.00$ 1,000.00$ 23 700-1-11 SINGLE POST SIGN, F&I, LESS THAN 12 SF AS 8 360.00$ 2,880.00$ 450.00$ 3,600.00$ 68.00$ 544.00$ 205.00$ 1,640.00$ 235.00$ 1,880.00$ 350.00$ 2,800.00$ 24 700-1-50 SINGLE POST SIGN, RELOCATE AS 3 150.00$ 450.00$ 350.00$ 1,050.00$ 283.00$ 849.00$ 131.00$ 393.00$ 150.00$ 450.00$ 250.00$ 750.00$ 25 700-1-60 SINGLE POST SIGN, REMOVE AS 11 40.00$ 440.00$ 75.00$ 825.00$ 113.00$ 1,243.00$ 26.30$ 289.30$ 30.00$ 330.00$ 100.00$ 1,100.00$ 26 706-3 RETRO-REFLECTIVE PAVEMENT MARKER EA 86 5.20$ 447.20$ 25.00$ 2,150.00$ 4.50$ 387.00$ 4.20$ 361.20$ 4.85$ 417.10$ 4.00$ 344.00$ 27 710-90 PAVEMENT MARKINGS FINAL SURFACE LS 1 7,500.00$ 7,500.00$ 8,500.00$ 8,500.00$ 6,461.00$ 6,461.00$ 6,010.00$ 6,010.00$ 6,900.00$ 6,900.00$ 7,000.00$ 7,000.00$ 28 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE OR SYMBOL EA 15 45.00$ 675.00$ 45.00$ 675.00$ 39.00$ 585.00$ 36.80$ 552.00$ 42.15$ 632.25$ 100.00$ 1,500.00$ 29 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS EA 15 32.00$ 480.00$ 30.00$ 450.00$ 28.00$ 420.00$ 26.30$ 394.50$ 30.00$ 450.00$ 100.00$ 1,500.00$ 30 711-11-123 THERMO., STD., WHITE, SOLID, CROSSWALK/RA, 12"LF 99 3.60$ 356.40$ 4.00$ 396.00$ 3.11$ 307.89$ 2.90$ 287.10$ 3.30$ 326.70$ 3.75$ 371.25$ 31 711-11-124 THERMO., STD., WHITE, SOLID, DIAG./CHEVRONS, 18"LF 218 5.30$ 1,155.40$ 5.50$ 1,199.00$ 4.64$ 1,011.52$ 4.30$ 937.40$ 4.95$ 1,079.10$ 4.00$ 872.00$ 32 711-11-125 THERMO., STD., WHITE, SOLID, STOP LINE, 24"LF 141 7.00$ 987.00$ 7.00$ 987.00$ 6.22$ 877.02$ 5.80$ 817.80$ 6.60$ 930.60$ 4.50$ 634.50$ 33 711-11-141 THERMO., STD., WHITE, GUIDE LINE 6" (2/4)GM 0.120 3,880.00$ 465.60$ 4,000.00$ 480.00$ 3,393.00$ 407.16$ 3,160.00$ 379.20$ 3,615.00$ 433.80$ 150.00$ 18.00$ 34 711-11-170 THERMO., STD., ARROWS (RIGHT)EA 12 95.00$ 1,140.00$ 95.00$ 1,140.00$ 85.00$ 1,020.00$ 78.90$ 946.80$ 90.30$ 1,083.60$ 150.00$ 1,800.00$ 35 711-16-101 THERMO., STD. - OTHER, WHITE, SOLID, 6"GM 1.590 5,100.00$ 8,109.00$ 5,000.00$ 7,950.00$ 4,524.00$ 7,193.16$ 4,210.00$ 6,693.90$ 4,815.00$ 7,655.85$ 4,500.00$ 7,155.00$ 36 711-16-102 THERMO., STD. - OTHER, WHITE, SOLID, 8"GM 0.040 7,700.00$ 308.00$ 7,500.00$ 300.00$ 6,785.00$ 271.40$ 6,310.00$ 252.40$ 7,225.00$ 289.00$ 5,500.00$ 220.00$ 37 ASB-1 AS-BUILT RECORD DRAWINGS LS 1 9,000.00$ 9,000.00$ 6,500.00$ 6,500.00$ 4,000.00$ 4,000.00$ 5,570.00$ 5,570.00$ 1,805.00$ 1,805.00$ 3,500.00$ 3,500.00$ 410,337.30$ Bid Response Form (Form 1) Contractors Key Personnel Assigned to the Project - (Form 2) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Trench Safety Act Acknowledgement (Form 6) Insurance and Bonding Requirements (Form 8) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Vendor Substitute W-9 (Form 12) Bidders Checklist (Form 13) Business Tax Receipt Grant Provisions Package Opened By: Barbara Lance Witnessed By: Kris Lopez Bid Open Date: January 24, 2019 Responsive Responsive Bid Bond (Form 7) Yes Yes N/A Yes Yes Responsive Responsive Responsive Yes Yes Yes Yes Yes Yes Yes Addendums (3) Yes Yes N/A Yes Yes Engineer's Estimate UNIT PRICE PAY ITEM TOTAL 539,856.50$ 640,754.80$ 367,143.75$ Yes Yes Responsive Check (Yes/No) Yes N/A Yes N/A TOTAL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes N/A YesYesYes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes YesYesYes Yes PAY ITEM TOTAL 596,291.10$ Yes Yes 597,000.00$ Yes Project Manager: Procurment Strategist: PAY ITEM NO.DESCRIPTION 19-7519 Vanderbilt Beach Rd (CR 862) Bike Lanes FPID No. 435118-1-58-01 BID SCHEDULE OF VALUES PAY ITEM TOTAL Quality Enterprises USA Coastal Concrete Products, LLC Ajax Paving Industries of FL Preferred Materials, Inc. UNIT PRICE PAY ITEM TOTALUNIT PRICE PAY ITEM TOTAL UNIT PRICE Community Asphalt UNIT PRICE PAY ITEM TOTALITEMUNITEST. QTY.UNIT PRICE Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes 16.A.18.c Packet Pg. 857 Attachment: 19-7519 Bid Tab (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) 16.A.18.d Packet Pg. 858 Attachment: 19-7519 QualityEnterprise_Insurance_4-15-19 (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) 16.A.18.f Packet Pg. 859 Attachment: 435118-1 Time Extension #1 Approval Letter (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) 16.A.18.f Packet Pg. 860 Attachment: 435118-1 Time Extension #1 Approval Letter (8569 : Vanderbilt Beach Rd (CR 862) Bike Lanes) - 1 - FPID(S): 435118-1-58-01 OCTOBER 3, 2018 PREPARED BY: JOSHUA HILDEBRAND / JENNIFER CHROVIAN CR 862 (VANDERBILT) FROM CR 901 TO GULF PAVILLION DRIVE FINANCIAL PROJECT ID(S). 435118-1-58-01 FEDERAL FUNDS DISTRICT ONE OFF-SYSTEM LOCAL AGENCY PROGRAM PROJECT COLLIER COUNTY The applicable Articles and Subarticles of the General Requirements & Covenants division (Division I) of the July 2018 edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction are added, and all of the Construction Details and Materials divisions (Division II & III) are revised, as follows: I hereby certify that this specifications package has been properly prepared by me, or under my responsible charge, in accordance with procedures adopted by the Florida Department of Transportation. This item has been digitally signed and sealed by Joshua J. Hildebrand, P.E., PTOE on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Date: State of Florida, Professional Engineer, License No.: 73952 Firm Name: Johnson Engineering, Inc. Firm Address: 2122 Johnson Street City, State, Zipcode: Fort Myers, FL 33901 Certificate of Authorization Number: 642 Page(s): 1 - 74 Digitally signed by Joshua J. Hildebrand, P.E. 73952 STATE OF FLORIDA DN: cn=Joshua J. Hildebrand, P.E. 73952 STATE OF FLORIDA, o=This item has been electronically signed and sealed using an SHA-1 authentication code., ou=Printed copies of this document are not considered signed and sealed and all SHA-1 authentication codes must be verified on any electronic copies., email=jjh@johnsoneng.com, c=US Date: 2018.10.04 09:10:02 -04'00' - 2 - FPID(S): 435118-1-58-01 LAP DIVISION 1 SPECIFICATIONS. ....................................................................... 3 FROM SECTION 1 - DEFINITIONS AND TERMS: ................................................. 4 FROM SECTION 4 - ALTERATION OF WORK. ..................................................... 5 FROM SECTION 5 - CONTROL OF THE WORK (Claims). .................................. 15 FROM SECTION 6 - CONTROL OF MATERIALS (Convict Labor and Buy America). ................................................................................................. 22 FROM SECTION 7 - LEGAL REQUIREMENTS AND RESPONSIBILITIES TO THE PUBLIC (FHWA 1273, Wage Rates, E-Verify, Title VI, DBE, and On-The-Job Training). ......................... 23 FROM SECTION 8 - SUBLETTING, CONTRACT TIME EXTENSIONS, AND LIQUIDATED DAMAGES. ...................................... 35 FROM SECTION 9 - PARTIAL PAYMENTS.......................................................... 38 EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF- SYSTEM). ...................................................................................................... 42 SUPERPAVE ASPHALT FOR LAP (OFF-SYSTEM). ............................................ 53 CONCRETE FOR LAP (OFF-SYSTEM). ................................................................. 64 LANDSCAPE INSTALLATION FOR LAP (OFF-SYSTEM). ................................ 68 THIS COMPLETES THIS SPECIFICATIONS PACKAGE .....................................74 - 3 - FPID(S): 435118-1-58-01 LAP DIVISION 1 SPECIFICATIONS. (REV 9-1-17) (7-18) Construction Checklist Specifications from Department of Transportation Standard Specifications for Road and Bridge Construction The following excerpts from the Standard Specifications and Special Provisions are provided for use in LAP Specifications as needed in accordance with the Local Agency Program Checklist for Construction Contracts (Phase 58) – Federal and State Requirements (525-070-44) - 4 - FPID(S): 435118-1-58-01 FROM SECTION 1 - DEFINITIONS AND TERMS: Department Name: Collier County. Engineer: Johnson Engineering, Inc. Contractor’s Engineer of Record. A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing of components of the permanent structure as part of a redesign or Cost Savings Initiative Proposal, or for repair designs and details of the permanent work. The Contractor’s Engineer of Record may also serve as the Specialty Engineer. The Contractor’s Engineer of Record must be an employee of a pre-qualified firm. The firm shall be pre-qualified in accordance with the Rules of the Department of Transportation, Chapter 14-75. Any Corporation or Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department of Business and Professional Regulation. As an alternate to being an employee of a pre-qualified firm, the Contractor’s Engineer of Record may be a pre-qualified Specialty Engineer. For items of the permanent work declared by the State Construction Office to be “major” or “structural”, the work performed by a pre-qualified Specialty Engineer must be checked by another pre-qualified Specialty Engineer. An individual Engineer may become pre-qualified in the work groups listed in the Rules of the Department of Transportation, Chapter 14-75, if the requirements for the Professional Engineer are met for the individual work groups. Pre-qualified Specialty Engineers are listed on the State Construction Website. Pre- qualified Specialty Engineers will not be authorized to perform redesigns or Cost Savings Initiative Proposal designs of items fully detailed in the plans. Specialty Engineer. A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or installation methods and equipment for specific temporary portions of the project work or for special items of the permanent works not fully detailed in the plans and required to be furnished by the Contractor. The Specialty Engineer may also provide designs and details, repair designs and details, or perform Engineering Analyses for items of the permanent work declared by the State Construction Office to be “minor” or “non-structural”. For items of work not specifically covered by the Rules of the Department of Transportation, a Specialty Engineer is qualified if he has the following qualifications: (1) Registration as a Professional Engineer in the State of Florida. (2) The education and experience necessary to perform the submitted design as required by the Florida Department of Business and Professional Regulation. - 5 - FPID(S): 435118-1-58-01 FROM SECTION 4 - ALTERATION OF WORK. 4-3 Alteration of Plans or of Character of Work. 4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term “significant change” applies only when: 1. The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or 2. A major item of work, as defined in 1-3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in accordance with 4-3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In (1) above, the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis. 4-3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5-12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely submitted a notice of intent to claim or preliminary time extension request pursuant to 5-12.2 and 8-7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department’s responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5-12.14. While the submittal or review of a duly certified request for equitable - 6 - FPID(S): 435118-1-58-01 adjustment shall neither create, modify, nor activate any legal rights or obligations as to the Contractor or the Department, the Department will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal, with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department. The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (but not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1. 4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner: 1. Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro-rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following: Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation benefits Actual Retirement benefits Actual - 7 - FPID(S): 435118-1-58-01 Table 4-3.2.1 Item Rate Workers Compensation Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work. Per Diem Actual but not to exceed State of Florida’s rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). At the Pre-construction conference, certify to the Engineer the following: a. A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the contract, b. Actual Rate for items listed in Table 4-3.2.1, c. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, d. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. 2. Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies. 3. Equipment: 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: - 8 - FPID(S): 435118-1-58-01 a. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%. b. Allowable Hourly Operating Cost = Hourly Operating Cost x 100%. c. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. d. Standby Rate = Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight 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 Department 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 Department 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. 4. Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either (a) or (b) below: a. Solely a mark-up of 17.5% on the payments in (1) through (3), above. 1. Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Contract bond rate paid by the Contractor. No compensation for bond premium will be allowed for additional or unforeseen work paid by the Department via initial contingency pay item. 2. The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such subcontractor mark-up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so. b. Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below. B CAD×= Where A = Original Contract Amount - 9 - FPID(S): 435118-1-58-01 B = Original Contract Time C = 8% D = Average Overhead Per Day Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work, excluding overruns to existing contract items, that extend the duration of the project or delay of a controlling work item caused solely by the Department, or the combined total number of calendar days for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined to be in favor of the Contractor. No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is, or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item caused solely by the Department, that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and Special Events. Further, for (a) and (b) above, in the event there are concurrent delays to one or more controlling work items, one or more being caused by the Department and one or more being caused by the Contractor, the Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay. 4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a subcontractor shall be limited solely to that provided for in 4-3.2.1 (1), (2), (3) and (4)(a). In addition, the Contractor compensation is expressly limited to the greater of the total provided in either 4-3.2.1(4)(a) or (4)(b), except that the Average Overhead Per-Day calculation is as follows: B CAsDs×= Where As = Original Contract Amount minus Original Subcontract amounts(s)* B = Original Contract Time C = 8% Ds = Average Overhead Per-Day - 10 - FPID(S): 435118-1-58-01 * deduct Original Subcontract Amount(s) of subcontractor(s) performing the work The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually submitted and paid for separate bond premiums for such additional or unforeseen work in such amount and that the subcontractor was required by the Contractor to acquire a bond. The Contractor shall require the subcontractor to submit a certification, in accordance with 4-3.2.1 (1), as part of the cost proposal and submit such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs. 4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents. 4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the Plans and Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer’s written authorization will set forth sufficient work information to allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department’s approval of the document. 4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4-3.2. Such payment will be the full extent of all - 11 - FPID(S): 435118-1-58-01 monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4-3.2 for additional work. 4-3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the project as detailed in the Plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated in the Plans, the Engineer will submit direction regarding the proper connections in accordance with the Design Standards. 4-3.7 Differing Site Conditions: 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 Contractor disturbs the conditions or performs the affected work. Upon receipt of written notification of differing site conditions from the Contractor, 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 will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has submitted the required written notice. The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non-Department projects on which the Contractor may be working. 4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, Design Plans (including Traffic Control Plans) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans, joint project agreements or utility relocation schedules. 4-3.9 Cost Savings Initiative Proposal: 4-3.9.1 Intent and Objective: - 12 - FPID(S): 435118-1-58-01 1. This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal) that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. A mandatory Cost Savings Initiative Workshop will be held prior to Contract Time beginning for the Contractor and Department to discuss potential Proposals. This Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the Department as a proposal submitted pursuant to this Subarticle. 2. The Department will consider Proposals that would result in net savings to the Department by providing a decrease in the cost of the Contract. Proposals must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. However, nothing herein prohibits the Contractor from submitting Proposals when the required functions and characteristics can be combined, reduced or eliminated because they are nonessential or excessive. The Department will not recognize the Contractor’s correction of plan errors that result in a cost reduction, as a Proposal. 3. The Department reserves the right to reject at its discretion any Proposal submitted that proposes a change in the design of the pavement system or that would require additional right-of-way. Pending the Department’s execution of a formal supplemental agreement implementing an approved Proposal, the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department may grant time extensions to allow for the time required to develop and review a Proposal. 4. For potential Proposals not discussed at the Cost Savings Initiative Workshop, a mandatory concept meeting will be held for the Contractor and Department to discuss the potential Proposal prior to development of the Proposal. 4-3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of Proposals from subcontractors. However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor proposed Proposals to the Department. 4-3.9.3 Data Requirements: As a minimum, submit the following information with each Proposal: 1. a description of the difference between the existing Contract requirement, including any time extension request, and the proposed change, and the comparative advantages and disadvantages. 2. separate detailed cost estimates for both the existing Contract requirement and the proposed change. Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by pay items within the Contract, by using pay item numbers in the Basis of Estimates Manual. In preparing the estimates, include overhead, profit, and bond within pay items in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be allowed. 3. an itemization of the changes, deletions or additions to plan details, plan sheets, design standards and Specifications that are required to implement - 13 - FPID(S): 435118-1-58-01 the Proposal if the Department adopts it. Submit preliminary plan drawings sufficient to describe the proposed changes. 4. engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements. The Department may require that engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all design changes that result from the Proposal with drawings and computations signed and sealed by the Contractor’s Engineer of Record. Written documentation or drawings will be submitted clearly delineating the responsibility of the Contractor’s Engineer of Record. 5. the date by which the Department must approve the Proposal to obtain the total estimated cost reduction during the remainder of the Contract, noting any effect on the Contract completion time or delivery schedule. 6. a revised project schedule that would be followed upon approval of the Proposal. This schedule would include submittal dates and review time for the Department and Peer reviews. 4-3.9.4 Processing Procedures: Submit Proposals to the Engineer or his duly authorized representative. The Department will process Proposals expeditiously; however, the Department is not liable for any delay in acting upon a Proposal submitted pursuant to this Subarticle. The Contractor may withdraw, in whole or in part, a Proposal not accepted by the Department within the period specified in the Proposal. The Department is not liable for any Proposal development cost in the case where the Department rejects or the Contractor withdraws a Proposal. The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. Prior to approval, the Engineer may modify a Proposal, with the concurrence of the Contractor, to make it acceptable. If any modification increases or decreases the net savings resulting from the Proposal, the Department will determine the Contractor’s fair share upon the basis of the Proposal as modified and upon the final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items affected by the Proposal from the total cost of the same bid items as represented in the original Contract. Prior to approval of the Proposal that initiates the supplemental agreement, submit acceptable Contract-quality plan sheets revised to show all details consistent with the Proposal design. 4-3.9.5 Computations for Change in Contract Cost of Performance: If the Proposal is adopted, the Contractor’s share of the net savings as defined hereinafter represents full compensation to the Contractor for the Proposal. The Department will not include its costs to process and implement a Proposal in the estimate. However, the Department reserves the right, where it deems such action appropriate, to require the Contractor to pay the Department's cost of investigating and implementing a Proposal as a condition of considering such proposal. - 14 - FPID(S): 435118-1-58-01 When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the Contract. 4-3.9.6 Conditions of Acceptance for Major Design Modifications of Category 2 Bridges: A Proposal that proposes major design modifications of a category 2 bridge, as determined by the Engineer, shall have the following conditions of acceptance: All bridge Plans relating to the Proposal shall undergo an independent peer review conducted by a single independent engineering firm referred to for the purposes of this article as the Independent Review Engineer who is not the originator of the Proposal design, and is pre-qualified by the Department in accordance with Rule 14-75, Florida Administrative Code. The independent peer review is intended to be a comprehensive, thorough verification of the original work, giving assurance that the design is in compliance with all Department requirements. The Independent Review Engineer’s comments, along with the resolution of each comment, shall be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter stating that all comments have been adequately addressed and the design is in compliance with the Department requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all unresolved issues in the signed and sealed cover letter. The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be designated as the Contractors Engineer of Record for the Proposal design. The Department reserves the right to require the Contractor’s Engineer of Record to assume responsibility for design of the entire structure. New designs and independent peer reviews shall be in compliance with all applicable Department, FHWA and AASHTO criteria requirements including bridge load ratings. 4-3.9.7 Sharing Arrangements: If the Department approves a Proposal, the Contractor shall receive 50% of the net reduction in the cost of performance of the Contract as determined by the final negotiated agreement between the Contractor and the Department. The net reduction will be determined by subtracting from the savings of the construction costs the reasonable documented engineering costs incurred by the contractor to design and develop a Proposal. The reasonable documented engineering costs will be paid by the Department. Engineering costs will be based on the consultant’s certified invoice and may include the costs of the Independent Review Engineer in 4- 3.9.6. The total engineering costs to be subtracted from the savings to determine the net reduction will be limited to 25% of the construction savings and shall not include any markup by the Contractor or the costs for engineering services performed by the Contractor. 4-3.9.8 Notice of Intellectual Property Interests and Department’s Future Rights to a Proposal: 4-3.9.8.1 Notice of Intellectual Property Interests: The Contractor’s Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed - 15 - FPID(S): 435118-1-58-01 in any measure to the substance of the Contractor’s Proposal development, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any issued patents, copyrights, or licenses; pending patent, copyright or license applications; and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future. This notice requirement does not extend to intellectual property rights as to stand-alone or integral components of the Proposal that are already on the Department’s Approved Product List (APL) or Design Standard Indexes, or are otherwise generally known in the industry as being subject to patent or copyright protection. 4-3.9.8.2 Department’s Future Rights to a Proposal: Notwithstanding 7-3 nor any other provision of the Standard Specifications, upon acceptance of a Proposal, the Contractor hereby grants to the Department and its contractors (such grant being expressly limited solely to any and all existing or future Department construction projects and any other Department projects that are partially or wholly funded by or for the Department) a royalty-free and perpetual license under all forms of intellectual property rights to manufacture, to use, to design, to construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to distribute, display and publish, in whole or in part, and to permit others to do any of the above, and to otherwise in any manner and for any purpose whatsoever do anything reasonably necessary to fully utilize any and all aspects of such Proposal on any and all existing and future construction projects and any other Department projects. Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity therewith from and against any and all claims, liabilities, other obligations or losses, and reasonable expenses related thereto (including reasonable attorneys’ fees), which are incurred or are suffered by any breach of the foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the Contractor pursuant to 4-3.9.8.1, unless the Department has by express written exception in the Proposal acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and defend as to one or more disclosed intellectual property rights. FROM SECTION 5 - CONTROL OF THE WORK (CLAIMS). 5-12 Claims by Contractor. 5-12.1 General: When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth herein for preservation, presentation and resolution of the claim. Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding - 16 - FPID(S): 435118-1-58-01 against the Department for the items and for the sums or time set forth in the Contractor’s certified written claim. The failure to provide such notice of intent, preliminary time extension request, time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim. 5-12.2 Notice of Claim: 5-12.2.1 Claims For Extra Work: Where the Contractor deems that additional compensation or a time extension is due for work or materials not expressly provided for in the Contract or which is by written directive expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit written notification to the Engineer of the intention to make a claim for additional compensation before beginning the work on which the claim is based, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. If such written notification is not submitted and the Engineer is not afforded the opportunity for keeping strict account of actual labor, material, equipment, and time, the Contractor waives the claim for additional compensation or a time extension. Such notice by the Contractor, and the fact that the Engineer has kept account of the labor, materials and equipment, and time, shall not in any way be construed as establishing the validity of the claim or method for computing any compensation or time extension for such claim. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete claim documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. However, for any claim or part of a claim that pertains solely to final estimate quantities disputes the Contractor shall submit full and complete claim documentation as described in 5-12.3 and duly certified pursuant to 5-12.9, as to such final estimate claim dispute issues, within 90 or 180 calendar days, respectively, of the Contractor’s receipt of the Department’s final estimate. If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. 5-12.2.2 Claims For Delay: Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek - 17 - FPID(S): 435118-1-58-01 additional compensation, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor’s work by such delay, and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or delay impacts, whatsoever, that are not to a controlling work item, and then as to any such delay to a controlling work item entitlement to any monetary compensation or time extension shall only be to the extent such is otherwise provided for expressly under 4-3 or 5-12, except that in the instance of delay to a non-controlling item of work the Contractor may be compensated for the direct costs of idle labor or equipment only, at the rates set forth in 4-3.2.1(1) and (3), and then only to the extent the Contractor could not reasonably mitigate such idleness. 5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written claim to the Department which will include for each individual claim, at a minimum, the following information: 1. A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected and included in each claim; 2. The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident; 3. Identification of all pertinent documents and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications; 4. Identification of the provisions of the Contract which support the claim and a statement of the reasons why such provisions support the claim, or alternatively, the provisions of the Contract which allegedly have been breached and the actions constituting such breach; 5. A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows: a. documented additional job site labor expenses; b. documented additional cost of materials and supplies; - 18 - FPID(S): 435118-1-58-01 c. a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each; d. any other additional direct costs or damages and the documents in support thereof; e. any additional indirect costs or damages and all documentation in support thereof. 6. A detailed compilation of the specific dates and the exact number of calendar days sought for a time extension, the basis for entitlement to time for each day, all documentation of the delay, and a breakout of the number of days claimed for each identified event, circumstance or occurrence. Further, the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder, and any circuit court, arbitration, or other formal claims resolution proceeding shall be limited solely to the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder. This shall not, however, preclude a Contractor from withdrawing or reducing any of the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder at any time. 5-12.4 Action on Claim: The Engineer will respond in writing on projects with an original Contract amount of $3,000,000 or less within 90 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3, and on projects with an original Contract amount greater than $3,000,000 within 120 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3. Failure by the Engineer to respond to a claim in writing within 90 or 120 days, respectively, after receipt of a complete claim submitted by the Contractor in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid for to the extent deemed valid and any time extension granted, if applicable, as provided in the Contract. No circuit court or arbitration proceedings on any claim, or a part thereof, may be filed until after final acceptance per 5-11 of all Contract work by the Department or denial hereunder, whichever occurs last. 5-12.5 Pre-Settlement and Pre-Judgment Interest: Entitlement to any pre- settlement or pre-judgment interest on any claim amount determined to be valid subsequent to the Department’s receipt of a certified written claim in full compliance with 5-12.3, whether determined by a settlement or a final ruling in formal proceedings, the Department shall pay to the Contractor simple interest calculated at the Prime Rate (as reported by the Wall Street Journal as the base rate on corporate loans posted by at least 75% of the nations 30 largest banks) as of the 60th calendar day following the Department’s receipt of a certified written claim in full compliance with 5-12.3, such interest to accrue beginning 60 calendar days following the Department’s receipt of a certified written claim in full compliance with 5-12.3 and ending on the date of final settlement or formal ruling. 5-12.6 Compensation for Extra Work or Delay: - 19 - FPID(S): 435118-1-58-01 5-12.6.1 Compensation for Extra Work: Notwithstanding anything to the contrary contained in the Contract Documents, the Contractor shall not be entitled to any compensation beyond that provided for in 4-3.2. 5-12.6.2 Compensation for Delay: Notwithstanding anything to the contrary contained in the Contract Documents, the additional compensation set forth in 5-12.6.2.1 shall be the Contractor’s sole monetary remedy for any delay other than to perform extra work caused by the Department unless the delay shall have been caused by acts constituting willful or intentional interference by the Department with the Contractor’s performance of the work and then only where such acts continue after Contractor’s written notice to the Department of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the term of the Contract, including, but not limited to, work performed, work deleted, supplemental agreements, work orders, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right-of-way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, suspensions of work by the Engineer pursuant to 8-6.1, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, special events, suspension of Contract Time, or other events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not be deemed to constitute willful or intentional interference with the Contractor’s performance of the work without clear and convincing proof that they were the result of a deliberate act, without reasonable and good-faith basis, and specifically intended to disrupt the Contractor’s performance. 5-12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses, and Profit thereon, of or from Delay: For any delay claim, the Contractor shall be entitled to monetary compensation for the actual idle labor and equipment, and indirect costs, expenses, and profit thereon, as provided for in 4-3.2.1(4) and solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken. 5-12.7 Mandatory Claim Records: After submitting to the Engineer a notice of intent to file a claim for extra work or delay, the Contractor must keep daily records of all labor, material and equipment costs incurred for operations affected by the extra work or delay. These daily records must identify each operation affected by the extra work or delay and the specific locations where work is affected by the extra work or delay, as nearly as possible. The Engineer may also keep records of all labor, material and equipment used on the operations affected by the extra work or delay. The Contractor shall, once a notice of intent to claim has been timely filed, and not less than weekly thereafter as long as appropriate, submit the Contractor’s daily records to the Engineer and be likewise entitled to receive the Department’s daily records. The daily records to be submitted hereunder shall be done at no cost to the recipient. 5-12.8 Claims For Acceleration: The Department shall have no liability for any constructive acceleration of the work, nor shall the Contractor have any right to make any claim for constructive acceleration nor include the same as an element of any claim the Contractor may otherwise submit under this Contract. If the Engineer gives express - 20 - FPID(S): 435118-1-58-01 written direction for the Contractor to accelerate its efforts, such written direction will set forth the prices and other pertinent information and will be reduced to a written Contract Document promptly. No payment will be made on a Supplemental Agreement for acceleration prior to the Department’s approval of the documents. 5-12.9 Certificate of Claim: When submitting any claim, the Contractor shall certify under oath and in writing, in accordance with the formalities required by Florida law, that the claim is made in good faith, that the supportive data are accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department’s liability. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. 5-12.10 Non-Recoverable Items: The parties agree that for any claim the Department will not have liability for the following items of damages or expense: 1. Loss of profit, incentives or bonuses; 2. Any claim for other than extra work or delay; 3. Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or insolvency; 4. Acceleration costs and expenses, except where the Department has expressly and specifically directed the Contractor in writing “to accelerate at the Department’s expense”; nor 5. Attorney fees, claims preparation expenses and costs of litigation. 5-12.11 Exclusive Remedies: Notwithstanding any other provision of this Contract, the parties agree that the Department shall have no liability to the Contractor for expenses, costs, or items of damages other than those which are specifically identified as payable under 5-12. In the event any legal action for additional compensation, whether on account of delay, acceleration, breach of contract, or otherwise, the Contractor agrees that the Department’s liability will be limited to those items which are specifically identified as payable in 5-12. 5-12.12 Settlement Discussions: The content of any discussions or meetings held between the Department and the Contractor to settle or resolve any claims submitted by the Contractor against the Department shall be inadmissible in any legal, equitable, arbitration or administrative proceedings brought by the Contractor against the Department for payment of such claim. Dispute Resolution Board, State Arbitration Board and Claim Review Committee proceedings are not settlement discussions, for purposes of this provision. 5-12.13 Personal Liability of Public Officials: In carrying out any of the provisions of the Contract or in exercising any power or authority granted to the Secretary of Transportation, Engineer or any of their respective employees or agents, there shall be no liability on behalf of any employee, officer or official of the Department for which such individual is responsible, either personally or as officials or representatives of the Department. It is understood that in all such matters such individuals act solely as agents and representatives of the Department. 5-12.14 Auditing of Claims: All claims filed against the Department shall be subject to audit at any time following the filing of the claim, whether or not such claim is part of a suit pending in the Courts of this State. The audit may be performed, at the - 21 - FPID(S): 435118-1-58-01 Department’s sole discretion, by employees of the Department or by any independent auditor appointed by the Department, or both. The audit may begin after ten days written notice to the Contractor, subcontractor, or supplier. The Contractor, subcontractor, or supplier shall make a good faith effort to cooperate with the auditors. As a condition precedent to recovery on any claim, the Contractor, subcontractor, or supplier must retain sufficient records, and provide full and reasonable access to such records, to allow the Department’s auditors to verify the claim and failure to retain sufficient records of the claim or failure to provide full and reasonable access to such records shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. Further, and in addition to such audit access, upon the Contractor submitting a written claim, the Department shall have the right to request and receive, and the Contractor shall have the affirmative obligation to submit to the Department any and all documents in the possession of the Contractor or its subcontractors, materialmen or suppliers as may be deemed relevant by the Department in its review of the basis, validity or value of the Contractor’s claim. Without limiting the generality of the foregoing, the Contractor shall upon written request of the Department make available to the Department’s auditors, or upon the Department’s written request, submit at the Department’s expense, any or all of the following documents: 1. Daily time sheets and foreman’s daily reports and diaries; 2. Insurance, welfare and benefits records; 3. Payroll register; 4. Earnings records; 5. Payroll tax return; 6. Material invoices, purchase orders, and all material and supply acquisition contracts; 7. Material cost distribution worksheet; 8. Equipment records (list of company owned, rented or other equipment used); 9. Vendor rental agreements and subcontractor invoices; 10. Subcontractor payment certificates; 11. Canceled checks for the project, including, payroll and vendors; 12. Job cost report; 13. Job payroll ledger; 14. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals; 15. Cash disbursements journal; 16. Financial statements for all years reflecting the operations on this project; 17. Income tax returns for all years reflecting the operations on this project; 18. All documents which reflect the Contractor’s actual profit and overhead during the years this Contract was being performed and for each of the five years prior to the commencement of this Contract; - 22 - FPID(S): 435118-1-58-01 19. All documents related to the preparation of the Contractor’s bid including the final calculations on which the bid was based; 20. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim; 21. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents that establish which time periods and individuals were involved, and the hours and rates for such individuals. FROM SECTION 6 - CONTROL OF MATERIALS (CONVICT LABOR AND BUY AMERICA). 6-5 Products and Source of Supply. 6-5.1 Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: 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. 6-5.2 Source of Supply-Steel: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit a certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron - 23 - FPID(S): 435118-1-58-01 valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to document the actual cost of such material, and obtain the Engineer’s written approval prior to incorporating the material into the project FROM SECTION 7 - LEGAL REQUIREMENTS AND RESPONSIBILITIES TO THE PUBLIC (FHWA 1273, WAGE RATES, E-VERIFY, TITLE VI, DBE, AND ON-THE-JOB TRAINING). Compliance with FHWA 1273: The FHWA-1273 Electronic version, dated May 1, 2012 is posted on the Department’s website at the following URL address http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/Files/FHWA1273. pdf . Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with the provisions contained in FHWA-1273. If the Department’s website cannot be accessed, contact the Department’s Specifications Office Web Coordinator at (850) 414-4101. 7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations: The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department’s investigation determines that there is a potential impact to a protected, threatened or an endangered species, the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed in the Contract Documents or in permits as identified in 7-2.1. In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries, the Department has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project. These guidelines are posted at the following URL address: http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/files/endangeredwi ldlifeguidelines.pdf . Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off-project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, - 24 - FPID(S): 435118-1-58-01 section, county, and city, a site location map including the access route, the name of the property owner, and a person to contact to arrange a site inspection. Submit this notification at least 30 days in advance of planned commencement of the off-site activity, to allow for the Department to conduct an investigation without delaying job progress. Do not perform any off-project activity without obtaining written clearance from the Engineer. In the event the Department’s investigation determines a potential impact to a protected, threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation, associated with Contractor initiated off-project activities. 7-1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f) of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. Before undertaking any off-project activity associated with any federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation area, wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources Survey discussed in 120-6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off-site activity, the Financial Project ID, the location of the site by township, range, section, a county or city map showing the site location, including the access route and the name of the property. It is the Contractor’s responsibility to submit justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Submit this notification sufficiently in advance of planned commencement of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off-project activity without obtaining written clearance from the Engineer. 7-16 Wage Rates for Federal-Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids. Wage Rate Decision Number Associated Work FL206 All highway work under this Contract Obtain the applicable General Decision(s) (Wage Tables) through the Department’s Office of Construction website and ensure that employees receive the - 25 - FPID(S): 435118-1-58-01 minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer’s office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department’s Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. 7-24 Disadvantaged Business Enterprise Program. 7-24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. 7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: “The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the Contractor from future bidding as non-responsible.” 7-24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: 1. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor’s organization. 2. The designation of a Liaison Officer within the Contractor’s organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. - 26 - FPID(S): 435118-1-58-01 3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. c. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. d. Encouraging eligible DBEs to apply for certification with the Department. e. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre-Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department’s Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 7-24.5 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. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their - 27 - FPID(S): 435118-1-58-01 own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE’s own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. 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. 4. 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. 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. 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. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. 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. 9. 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. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a - 28 - FPID(S): 435118-1-58-01 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. 7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 7-25 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 of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it 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. Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a 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 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required $2,000,000 or less 0 Over $2,000,000 to $4,000,000 2 Over $4,000,000 to $6,000,000 3 Over $6,000,000 to $12,000,000 5 Over $12,000,000 to $18,000,000 7 Over $18,000,000 to $24,000,000 9 Over $24,000,000 to $31,000,000 12 Over $31,000,000 to $37,000,000 13 Over $37,000,000 to $43,000,000 14 Over $43,000,000 to $49,000,000 15 Over $49,000,000 to $55,000,000 16 Over $55,000,000 to $62,000,000 17 Over $62,000,000 to $68,000,000 18 Over $68,000,000 to $74,000,000 19 Over $74,000,000 to $81,000,000 20 Over $81,000,000 to $87,000,000 21 Over $87,000,000 to $93,000,000 22 - 29 - FPID(S): 435118-1-58-01 Estimated Contract Amount Trainees Required 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 to * *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 Department’s District Contract Compliance Manager will attend this meeting. Within ten days after the Post- Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On-The-Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of 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 in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination The revised schedule will be resubmitted to and approved by the Department’s District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. 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. 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 and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On-The-Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. - 30 - FPID(S): 435118-1-58-01 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. 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 the On-The-Job Training Program, 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 a 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 it 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 they have successfully completed a training course leading to journeyman status, or have been employed as a journeyman. The Contractor may 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 as established at the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a 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: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. 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 agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of 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 - 31 - FPID(S): 435118-1-58-01 contract. Approval or acceptance of a 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 lower level management positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classifications, except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. 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. 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. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee’s wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the journeyman’s wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they 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 - 32 - FPID(S): 435118-1-58-01 days after the effective date of the action when the following actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall 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 proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and Timekeeper classifications will not be approved for the On-The-Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor’s needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. 7-26 Cargo Preference Act – Use of United States-Flag Vessels. Pursuant to Title 46 CFR 381, the Contractor agrees 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on- board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 1 of this Article to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Contract. 7-29 E-Verify. The Contractor shall utilize the U.S. Department of Homeland Security’s E- Verify s ystem to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 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. - 33 - FPID(S): 435118-1-58-01 7-31 Title VI Assurance – DOT 1050.2A, Appendix A and Appendix E. 7-31.1 Appendix A: During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the US Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of sub-contractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, order and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Contract, the Florida Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, or b. cancellation, termination or suspension of the Contract, in whole or in part. - 34 - FPID(S): 435118-1-58-01 6. Incorporation of Provisions: The Contractor shall include the provisions of this appendix in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7-31.2 Appendix E: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor” agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired of Federal or Federal-aid programs and projects); 3. Federal-Aid Highway Act of 1973, (23 U.S.C § 324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 9. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - 35 - FPID(S): 435118-1-58-01 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination based on sex in education programs, or activities (20 U.S.C. 1681 et seq.). FROM SECTION 8 - SUBLETTING, CONTRACT TIME EXTENSIONS, AND LIQUIDATED DAMAGES. 8-1 Subletting or Assigning of Contracts. Do not, sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the right, title, or interest therein, without written consent of the Department. If the Contractor chooses to sublet any portion of the Contract, the Contractor must provide a written request to sublet work on the Certification of Sublet Work form developed by the Department for this purpose. With the Engineer’s acceptance of the request, the Contractor may sublet a portion of the work, but shall perform with its own organization work amounting to not less than 40% of the total Contract amount. The Certification of Sublet Work request will be deemed acceptable by the Department, for purposes of the Department’s consent, unless the Engineer notifies the Contractor within 5 business days of receipt of the Certification of Sublet Work that the Department is not consenting to the requested subletting. Include in the total Contract amount the cost of materials and manufactured component products, and their transportation to the project site. For the purpose of meeting this requirement the Department will not consider off-site commercial production of materials and manufactured component products that the Contractor purchases, or their transportation to the project, as subcontracted work. If the Contractor sublets a part of a Contract item, the Department will use only the sublet proportional cost in determining the percentage of subcontracted normal work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. All other agreements must be in writing and reference all applicable Contract provisions. Upon request, furnish the Department with a copy of the subcontract and agreement. The subletting of work does not relieve the Contractor or the surety of their respective liabilities under the Contract. The Department recognizes a subcontractor only in the capacity of an employee or agent of the Contractor, and the Engineer may require the Contractor to remove the subcontractor as in the case of an employee. - 36 - FPID(S): 435118-1-58-01 8-7.3.2 Contract Time Extensions: The Department may grant an extension of Contract Time when a controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid. The Department may allow such extension of time only for delays occurring during the Contract Time period or authorized extensions of the Contract Time period. When failure by the Department to fulfill an obligation under the Contract results in delays to the controlling items of work, the Department will consider such delays as a basis for granting a time extension to the Contract. Whenever the Engineer suspends the Contractor’s operations, as provided in 8-6, for reasons other than the fault of the Contractor, the Engineer will grant a time extension for any delay to a controlling item of work due to such suspension. The Department will not grant time extensions to the Contract for delays due to the fault or negligence of the Contractor. The Department does not include an allowance for delays caused by the effects of inclement weather or suspension of Contractor’s operations as defined in 8-6.4, in establishing Contract Time. The Engineer will continually monitor the effects of weather and, when found justified, grant time extensions on either a bimonthly or monthly basis. The Engineer will not require the Contractor to submit a request for additional time due to the effects of weather. The Department will grant time extensions, on a day for day basis, for delays caused by the effects of rains or other inclement weather conditions, related adverse soil conditions or suspension of operations as defined in 8-6.4 that prevent the Contractor from productively performing controlling items of work resulting in: 1. The Contractor being unable to work at least 50% of the normal work day on pre-determined controlling work items; or 2. The Contractor must make major repairs to work damaged by weather, provided that the damage is not attributable to the Contractor’s failure to perform or neglect; and provided that the Contractor was unable to work at least 50% of the normal workday on pre-determined controlling work items. No additional compensation will be made for delays caused by the effects of inclement weather. The Department will consider the delays in delivery of materials or component equipment that affect progress on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the Contractor or supplier. Such delays may include an area-wide shortage, an industry-wide strike, or a natural disaster that affects all feasible sources of supply. In such cases, the Contractor shall furnish substantiating letters from a representative number of manufacturers of such materials or equipment clearly confirming that the delays in delivery were the result of an area-wide shortage, an industry-wide strike, etc. No additional compensation will be made for delays caused by delivery of materials or component equipment. The Department will not consider requests for time extension due to delay in the delivery of custom manufactured equipment such as traffic signal equipment, highway lighting equipment, etc., unless the Contractor furnishes documentation that he placed the order for such equipment in a timely manner, the delay was caused by factors beyond the manufacturer’s control, and the lack of such equipment - 37 - FPID(S): 435118-1-58-01 caused a delay in progress on a controlling item of work. No additional compensation will be paid for delays caused by delivery of custom manufactured equipment. The Department will consider the affect of utility relocation and adjustment work on job progress as the basis for granting a time extension only if all the following criteria are met: 1. Delays are the result of either utility work that was not detailed in the Plans, or utility work that was detailed in the Plans but was not accomplished in reasonably close accordance with the schedule included in the Contract Documents. 2. Utility work actually affected progress toward completion of controlling work items. 3. The Contractor took all reasonable measures to minimize the effect of utility work on job progress, including cooperative scheduling of the Contractor’s operations with the scheduled utility work at the preconstruction conference and providing adequate advance notification to utility companies as to the dates to coordinate their operations with the Contractor’s operations to avoid delays. As a condition precedent to an extension of Contract Time the Contractor must submit to the Engineer: A preliminary request for an extension of Contract Time must be made in writing to the Engineer within ten calendar days after the commencement of a delay to a controlling item of work. If the Contractor fails to submit this required preliminary request for an extension of Contract Time, the Contractor fully, completely, absolutely and irrevocably waives any entitlement to an extension of Contract Time for that delay. In the case of a continuing delay only a single preliminary request for an extension of Contract Time will be required. Each such preliminary request for an extension of Contract Time shall include as a minimum the commencement date of the delay, the cause of the delay, and the controlling item of work affected by the delay. Furthermore, the Contractor must submit to the Engineer a request for a Contract Time extension in writing within 30 days after the elimination of the delay to the controlling item of work identified in the preliminary request for an extension of Contract Time. Each request for a Contract Time extension shall include as a minimum all documentation that the Contractor wishes the Department to consider related to the delay, and the exact number of days requested to be added to Contract Time. If the Contractor contends that the delay is compensable, then the Contractor shall also be required to submit with the request for a Contract Time extension a detailed cost analysis of the requested additional compensation. If the Contractor fails to submit this required request for a Contract Time extension, with or without a detailed cost analysis, depriving the Engineer of the timely opportunity to verify the delay and the costs of the delay, the Contractor waives any entitlement to an extension of Contract Time or additional compensation for the delay. Upon timely receipt of the preliminary request of Contract Time from the Contractor, the Engineer will investigate the conditions, and if it is determined that a controlling item of work is being delayed for reasons beyond the control of the Contractor the Engineer will take appropriate action to mitigate the delay and the costs of the delay. Upon timely receipt of the request for a Contract Time extension the Engineer will further investigate the conditions, and if it is determined that there was an increase in - 38 - FPID(S): 435118-1-58-01 the time or the cost of performance of the controlling item of work beyond the control of the Contractor, then an adjustment of Contract Time will be made, and a monetary adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The existence of an accepted schedule, including any required update(s), as stated in 8-3.2, is a condition precedent to the Contractor having any right to the granting of an extension of Contract Time or any monetary compensation arising out of any delay. Contractor failure to have an accepted schedule, including any required update(s), for the period of potential impact, or in the event the currently accepted schedule and applicable updates do not accurately reflect the actual status of the project or fail to accurately show the true controlling or non-controlling work activities for the period of potential impact, will result in any entitlement determination as to time or money for such period of potential impact being limited solely to the Department’s analysis and identification of the actual controlling or non-controlling work activities. Further, in such instances, the Department’s determination as to entitlement as to either time or compensability will be final, unless the Contractor can prove by clear and convincing evidence to a Disputes Review Board that the Department’s determination was without any reasonable factual basis. 8-10 Liquidated Damages for Failure to Complete the Work. 8-10.2 Amount of Liquidated Damages: Applicable liquidated damages are the amounts established in the following schedule: Original Contract Amount Daily Charge Per Calendar Day $50,000 and under ..........................................................$956 Over $50,000 but less than $250,000.............................$964 $250,000 but less than $500,000.................................$1,241 $500,000 but less than $2,500,000..............................$1,665 $2,500,000 but less than $5,000,000...........................$2,712 $5,000,000 but less than $10,000,000.........................$3.447 $10,000,000 but less than $15,000,000.......................$4,866 $15,000,000 but less than $20,000,000.......................$5,818 $20,000,000 and over ................ $9,198 plus 0.00005 of any amount over $20 million (Round to nearest whole dollar) FROM SECTION 9 - PARTIAL PAYMENTS. 9-5 Partial Payments. 9-5.1 General: The Engineer will make partial payments on monthly estimates based on the amount of work that the Contractor completes during the month (including delivery of certain materials, as specified herein below). The Engineer will make approximate monthly payments, and the Department will correct all partial estimates and payments in the subsequent estimates and in the final estimate and payment. The Department will base the amount of such payments on the total value of the work that the Contractor has performed to the date of the estimate, based on the - 39 - FPID(S): 435118-1-58-01 quantities completed and the Contract prices, less payments previously made and less any retainage withheld. Retainage will not be withheld until the percent of Contract Time used exceeds 75%. From that time forward, the Department will withhold retainage of 10% of the amount due on the current estimate as retainage when the percent of Contract Time used exceeds the percent of Contract amount earned by more than 15%. Contract amount is defined as the original Contract amount adjusted by approved supplemental agreements. Retainage will be determined for each job on multiple job Contracts. The Department will not accept Securities, Certificates of Deposit or letters of credit as a replacement for retainage. Amounts withheld will not be released until payment of the final estimate. 9-5.2 Unsatisfactory Payment Record: In accordance with Sections 255.05 and 337.16 of the Florida Statutes, and the rules of the Department, the Department may disqualify the Contractor from bidding on future Department contracts if the Contractor’s payment record in connection with contract work becomes unsatisfactory. 9-5.3 Withholding Payment: 9-5.3.1 Withholding Payment for Defective Work: If the Department discovers any defective work or material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part of the completed work prior to final acceptance, then the Department will not allow payment for such defective or questioned work until the Contractor has remedied the defect and removed any causes of doubt. 9-5.3.2 Withholding Payment for Failure to Comply: The Department will withhold progress payments from the Contractor if he fails to comply with any or all of the following within 60 days after beginning work: 1. comply with and submit required paperwork relating to prevailing wage rate provisions, Equal Employment Opportunity, On-The-Job Training, and Affirmative Action; 2. comply with the requirement to all necessary information, including actual payments to DBEs, all other subcontractors and major suppliers, through the Internet based Equal Opportunity Reporting System; 3. comply with or make a good faith effort to ensure employment opportunity for minorities and females in accordance with the required contract provisions for Federal Aid Construction Contracts, and 4. comply with or make a good faith effort to meet On-The-Job Training goals. The Department will withhold progress payments until the Contractor has satisfied the above conditions. 9-5.4 Release of Retainage After Acceptance: When the Contractor has furnished the Department with all submittals required by the Contract, such as invoices, EEO reports, materials certifications, certification of materials procured, etc., (excluding Contractor’s letter of acceptance of final amount due and Form 21-A release) and the Engineer has determined that the measurement and computation of pay quantities is correct, the Department may reduce the retainage to $1,000 plus any amount that the Department elects to deduct for defective work as provided in 9-5.3. - 40 - FPID(S): 435118-1-58-01 The Department will not allow a semifinal estimate under the provisions of the above paragraphs unless the time elapsing between (1) acceptance of the project and receipt of all test reports, invoices, etc., and (2) submission of the final estimate to the Contractor for acceptance, exceeds or is expected to exceed ten days. The Department may deduct from payment estimates any sums that the Contractor owes to the Department on any account. Where more than one project or job (separate job number) is included in the Contract, the Department will distribute the reduced retainage as provided in the first paragraph of this Subarticle to each separate project or job in the ratio that the Contract value of the work for the particular job bears to the total Contract amount. 9-5.5 Partial Payments for Delivery of Certain Materials: 9-5.5.1 General: The Department will allow partial payments for new materials that will be permanently incorporated into the project and are stockpiled in approved locations in the project vicinity. Stockpile materials so that they will not be damaged by the elements and in a manner that identifies the project on which they are to be used. The following conditions apply to all payments for stockpiled materials: 1. There must be reasonable assurance that the stockpiled material will be incorporated into the specific project on which partial payment is made. 2. The stockpiled material must be approved as meeting applicable specifications. 3. The total quantity for which partial payment is made shall not exceed the estimated total quantity required to complete the project. 4. The Contractor shall furnish the Engineer with copies of certified invoices to document the value of the materials received. The amount of the partial payment will be determined from invoices for the material up to the unit price in the Contract. 5. Delivery charges for materials delivered to the jobsite will be included in partial payments if properly documented. 6. Partial payments will not be made for materials which were stockpiled prior to award of the Contract for a project. 9-5.5.2 Partial Payment Amounts: The following partial payment restrictions apply: 1. Partial payments less than $5,000 for any one month will not be processed. 2. Partial payments for structural steel and precast prestressed items will not exceed 85% of the bid price for the item. Partial payments for all other items will not exceed 75% of the bid price of the item in which the material is to be used. 3. Partial payment will not be made for aggregate and base course material received after paving or base construction operations begin except when a construction sequence designated by the Department requires suspension of paving and base construction after the initial paving operations, partial payments will be reinstated until the paving and base construction resumes. 9-5.5.3 Off Site Storage: If the conditions of 9-5.5.1 are satisfied, partial payments will be allowed for materials stockpiled in approved in-state locations. - 41 - FPID(S): 435118-1-58-01 Additionally, partial payments for materials stockpiled in approved out-of-state locations will be allowed if the conditions of 9-5.5.1 and the following conditions are met: 1. Furnish the Department a Materials Bond stating the supplier guarantees to furnish the material described in the Contract to the Contractor and Department. Under this bond, the Obligor shall be the material supplier and the Obligees shall be the Contractor and the Florida Department of Transportation. The bond shall be in the full dollar amount of the bid price for the materials described in the contract. 2. The following clauses must be added to the construction Contract between the Contractor and the supplier of the stockpiled materials: “Notwithstanding anything to the contrary, <supplier> will be liable to the Contractor and the Florida Department of Transportation should <supplier> default in the performance of this agreement.” “Notwithstanding anything to the contrary, this agreement, and the performance bond issued pursuant to this agreement, does not alter, modify, or otherwise change the Contractor’s obligation to furnish the materials described in this agreement to the Florida Department of Transportation.” 3. The agreement between the Contractor and the supplier of the stockpiled materials must include provisions that the supplier will store the materials and that such materials are the property of the Contractor. 9-5.6 Certification of Payment to Subcontractors: The term “subcontractor,” as used herein, includes persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which the Department has made partial payment and firms working under equipment-rental agreements. The Contractor is required to pay all subcontractors for satisfactory performance of their Contracts before the Department will make a further progress (partial) payment. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor’s work is satisfactorily complete, as determined by the Department. Prior to receipt of any progress (partial) payment, the prime contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of the subcontractor’s work. Provide this certification in the form designated by the Department. Within 30 days of the Contractor’s receipt of the final progress payment or any other payments thereafter, except the final payment, the Contractor shall pay all subcontractors and suppliers having an interest in the Contract for all work completed and materials furnished. The Department will honor an exception to the above when the Contractor demonstrates good cause for not making any required payment and furnishes written notification of any such good cause to both the Department and the affected subcontractors or suppliers within said 30 day period. The Contractor shall indemnify and provide defense for the Department when called upon to do so for all claims or suits against the Department, by third parties, pertaining to Contractor payment or performance issues 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 shall be the original Contract amount as may be increased by subsequent Supplemental Agreements. - 42 - FPID(S): 435118-1-58-01 EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF-SYSTEM). (REV 1-23-12) (FA 2-27-12) SECTION 120 EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF-SYSTEM) 120-1 Description. 120-1.1 General: Perform earthwork and related operations based on the type of work specified in the Contract and the Earthwork Categories as defined below. Meet the applicable requirements for materials, equipment and construction as specified. Earthwork and related operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. 120-1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one of the following Earthwork Categories: 120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities. 120-1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the construction of turn lanes and other non-mainline traffic lanes, widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage structures on the non-mainline pavement. 120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement. 120-2 Classes of Excavation. 120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoulder and slope lines and bottom of completed base or rigid pavement. 120-2.2 Lateral Ditch Excavation: Lateral ditch excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of-way. Dress lateral ditches to the grade and cross-section shown in the plans. 120-2.3 Channel Excavation: Channel excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. - 43 - FPID(S): 435118-1-58-01 120-2.4 Excavation for Structures and Pipe: Excavation for structures consists of the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3 Excavation Requirements. 120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross-sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill materials to the required cross-sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of plus or minus 0.2 foot in depth and plus or minus 6 inches (each side) in width. 120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section shown in the plans. 120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3.4 Excavation for Structures and Pipe. 120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. 120-3.4.2 Earth Excavation: 120-3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. 120-3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each pit before driving the piles. After the driving is completed, remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the masonry. 120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. - 44 - FPID(S): 435118-1-58-01 120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a firm surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar. 120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not meeting the classification specified as suitable backfill material in 120-8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the mid-point of the pipe. For pipe lines placed above the natural ground line, place and compact the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade. 120-4 Disposal of Surplus and Unsuitable Material. 120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right-of-way. 120-4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 120-4.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the right-of-way. If the materials are to remain the property of the Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 120-4.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet from the nearest roadway right-of-way line of any road. If the materials are buried, disregard the 300 foot limitation. - 45 - FPID(S): 435118-1-58-01 120-5 Materials for Embankment. 120-5.1 General Requirements for Embankment Materials: Construct embankments using suitable materials excavated from the roadway or delivered to the jobsite from authorized borrow pits. Construct the embankment using maximum particle sizes as follows: In top 12 inches: 3 1/2 inches (in any dimension). 12 to 24 inches: 6 inches (in any dimension). In the depth below 24 inches: not to exceed 12 inches (in any dimension) or the compacted thickness of the layer being placed, whichever is less. Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120-7.2. When and where approved by the Engineer, larger rocks (not to exceed 18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end-bent piling. 120-5.2 Use of Materials Excavated From the Roadway and Appurtenances: Assume responsibility for determining the suitability of excavated material for use on the project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. 120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. - 46 - FPID(S): 435118-1-58-01 120-6 Embankment Construction. 120-6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. 120-6.2 Dry Fill Method: 120-6.2.1 General: Construct embankments to meet compaction requirements in 120-7 and in accordance with the acceptance program requirements in 120-9. Restrict the compacted thickness of the last embankment lift to 6 inches maximum. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120-6.2.1.1 For A-3 and A-2-4 Materials with up to 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the A-2-4 material does not exceed 15%. 120-6.2.1.2 For A-1 Plastic materials (As designated in FDOT Design Standard Index 505) and A-2-4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches. 120-6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120-7.2.4. 120-6.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120-7.2.4 and 120-7.2.6. 120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. 120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum - 47 - FPID(S): 435118-1-58-01 slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 120-6.3 Hydraulic Method: 120-6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is re-handled, or moved and placed in its final position by any other method, as specified in 120-7.2. The Contractor may use baffles or any form of construction he may select, provided the slopes of the embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. 120-6.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high-water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. 120-6.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material within 200 feet of the toe of the proposed embankment. 120-7 Compaction Requirements. 120-7.1 Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120-7.2 Compaction of Embankments: 120-7.2.1 Earthwork Category 1 and 2 Density Requirements: The Engineer will accept a minimum density of 95% of the maximum density as determined by AASHTO T-99 Method C for all earthwork items requiring densities. 120-7.2.2 Earthwork Category 3 Density Requirements: The Engineer will accept a minimum of 100% of the maximum density as determined by AASHTO T- 99 Method C for all densities required under category 3. Except for embankments constructed by the hydraulic method as specified in 120-6.3, and for the material placed outside the standard minimum slope as specified in 120-6.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to the required density stated above. Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. 120-7.2.3 Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches (as provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to the density as specified in 120-9.5. 120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A-4, A-5, A-6, or A-7 Soil Groups, as determined by the Engineer, compact the surface of the excavated - 48 - FPID(S): 435118-1-58-01 area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. 120-7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. 120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils, do not apply density requirements where constructing narrow widening strips or paved shoulders 5 feet or less in width. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench rollers, or other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade. 120-8 Backfilling Around Structures and Pipe. 120-8.1 Requirements for all Structures: 120-8-1.1 General: Backfill around structures and pipe in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 129-8.1.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, perforated pipe drains, sumps and siphons. 120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. 120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation for undercutting of A-7 material. - 49 - FPID(S): 435118-1-58-01 120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the specified 28-day compressive strength occurs. 120-8.1.6 Placement and Compaction: When the backfill material is deposited in water, compact per 120-8.2.5 and 120-8.3.4. Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, wingwalls and end bents or end rest piers, and around box culverts and all structures including pipe culverts. The Engineer may approve placing material in thicker lifts of no more than 12 inches compacted thickness above the soil envelope if a test section demonstrates the required density can be achieved. Approval will be based on five passing density tests over the test section consisting of a lift of backfill from structure to structure. The Engineer will identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new test section. The Engineer reserves the right to terminate the Contractor’s use of thick lift construction and have him revert to the 6 inch compacted lifts whenever it is determined that satisfactory results are not being obtained. 120-8.2 Additional Requirements for Structures Other than Pipe: 120-8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before the Engineer verifies layer and density requirements. Meet the requirements of the density Acceptance Criteria. 120-8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid-striking mechanical tampers. 120-8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 in2. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. 120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to approximately the same elevation. 120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not permit the use of mechanical tampers, compact using hand tampers. Use only A-3 material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: 120-8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled. - 50 - FPID(S): 435118-1-58-01 Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. 120-8.3.2 Material: 120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A-1, A-2, or A-3. Material classified as A-4 may be used if the pipe is concrete pipe. 120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. 120-8.3.3 Compaction: 120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut. 120-8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Place the material in lifts no greater than 6 inches (compacted thickness). 120-8.3.3.3 Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance Criteria. 120-8.3.3.4 Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria. 120-8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that dewatering by normal pumping methods would not be effective, the procedure outlined below may be used when specifically authorized by the Engineer in writing. Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A-3. Place and compact the material using timbers or hand tampers until the backfill reaches an elevation - 51 - FPID(S): 435118-1-58-01 such that it’s moisture content will permit the use of mechanical tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand. 120-9 Acceptance Program. 120-9.1 Density over 105%: When a computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, the Engineer will perform a second density test within 5 feet. If the second density results in a value greater than 105%, investigate the compaction methods, examine the applicable Maximum Density and material description. If necessary, the Engineer will test an additional sample for acceptance in accordance with AASHTO T 99, Method C. 120-9.2 Maximum Density Determination: The Engineer will determine the maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed in 120-9.3. 120-9.3 Density Testing Requirements: Compliance with the requirements of 120-9.5 will be determined in accordance FM 1-T 238. The in-place moisture content will be determined for each density in accordance with FM 5-507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven). 120-9.4 Soil Classification: The Engineer will perform soil classification tests in accordance with AASHTO T-88, and classify soils in accordance with AASHTO M-145 (Standard Specification for Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes) in order to determine compliance with embankment utilization requirements. 120-9.5 Acceptance Criteria: The Engineer will accept a minimum density in accordance with 120-7.2 with the following exceptions: 1) embankment constructed by the hydraulic method as specified in 120- 6.3; 2) material placed outside the standard minimum slope as specified in 120-6.2.4; 3) other areas specifically excluded herein. 120-9.6 Frequency: The Engineer will conduct sampling and testing at a minimum frequency listed in the table below. Test Name Frequency Maximum Density One per soil type Density 1 per 500’ RDWY (Alt Lift) Soil Classification One per Maximum Density 120-10 Maintenance and Protection of Work. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges. - 52 - FPID(S): 435118-1-58-01 Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross-sections shown in the plans, until final acceptance of the project. 120-11 Construction. 120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross- section with the following exceptions: 1. Shape the surface of shoulders to within 0.1 foot of the plan cross- section. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3. Shape the bottom of ditches so that the ditch impounds no water. 4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan cross-section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans. 120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. 120-12 Method of Measurement. 120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer. 120-12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond the limits shown in the plans or authorized by the Engineer. - 53 - FPID(S): 435118-1-58-01 120-13 Basis of Payment. 120-13.1 General: Prices and payments for the work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. 120-13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. 120-13.3 Embankment: The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. No payment will be made for materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials placed outside the lines and grades given by the Engineer. SUPERPAVE ASPHALT FOR LAP (OFF-SYSTEM). (REV 1-26-15) (FA 1-29-15) SECTION 334 SUPERPAVE ASPHALT FOR LAP (OFF-SYSTEM) 334-1 Description. 334-1.1 General: Construct a Superpave asphalt pavement (consisting of either Hot Mix Asphalt (HMA) or Warm Mix Asphalt (WMA)) based on the type of work specified in the Contract and the Asphalt Work Categories as defined below. Meet the applicable requirements for plants, equipment, and construction requirements as defined below. Use an asphalt mix, either HMA or WMA, which meets the requirements of this specification. 334-1.2 Asphalt Work Mix Categories: Construction of asphalt pavement will fall into one of the following work categories: 334-1.2.1 Asphalt Work Category 1: Includes the construction of shared use paths and miscellaneous asphalt. 334-1.2.2 Asphalt Work Category 2: Includes the construction of new asphalt turn lanes, paved shoulders and other non-mainline pavement locations. 334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline asphalt pavement lanes, milling and resurfacing. 334-1.3 Mix Types: Use the appropriate asphalt mix as shown in Table 334-1. - 54 - FPID(S): 435118-1-58-01 Table 334-1 Asphalt Mix Types Asphalt Work Category Mix Types Traffic Level ESALs (millions) 1 Type SP-9.5 A <0.3 2 Structural Mixes: Types SP-9.5 or SP-12.5 Friction Mixes: Types FC-9.5 or FC-12.5 B 0.3 to <3 3 Structural Mixes: Types SP-9.5 or SP-12.5 Friction Mixes: Types FC-9.5 or FC-12.5 C ≥3 A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at no additional cost (i.e. Traffic Level B may be substituted for Traffic Level A, etc.). Traffic levels are as defined in Section 334 of the Florida Department of Transportation’s (FDOT’s) Specifications. 334-1.4 Gradation Classification: The Superpave mixes are classified as fine and are defined in 334-3.2.2. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows: Type SP-9.5, FC-9.5 ............................................................. 9.5 mm Type SP-12.5, FC-12.5 ....................................................... 12.5 mm 334-1.5 Thickness: The total pavement thickness of the asphalt pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification, which when combined with other layers (as applicable) will equal the plan spread rate or thickness. When the total pavement thickness is specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: Spread rate (lbs/yd2) = t x Gmm x 43.3 where: t = Thickness (in.) (Plan thickness or individual layer thickness) Gmm = Maximum specific gravity from the mix design For target purposes only, spread rate calculations shall be rounded to the nearest whole number. 334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for asphalt mixtures are as follows: Type SP-9.5, FC-9.5 ............................................ 3/4 to 1-1/2 inches Type SP-12.5, FC-12.5 .................................... 1-1/2 to 2-1/2 inches 334-1.5.2 Additional Requirements: The following requirements also apply to asphalt mixtures: - 55 - FPID(S): 435118-1-58-01 1. When construction includes the paving of adjacent shoulders (less than or equal to 5 feet wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless otherwise called for in the Contract Documents. 2. For overbuild layers, use the minimum and maximum layer thicknesses as specified above unless called for differently in the Contract Documents. On variable thickness overbuild layers, the minimum allowable thickness may be reduced by 1/2 inch, and the maximum allowable thickness will be as specified below, unless called for differently in the Contract Documents. Type SP-9.5……………………………………3/8 to 2 inches Type SP-12.5…………………………………..1/2 to 3 inches 3. Variable thickness overbuild layers may be tapered to zero thickness provided the contract documents require a minimum of 1-1/2 inches of mix placed over the variable thickness overbuild layer. 334-1.6 Weight of Mixture: The weight of the mixture shall be determined as provided in 320-3.2 of the FDOT Specifications. 334-2 Materials. 334-2.1 Superpave Asphalt Binder: Unless specified elsewhere in the Contract or in 334-2.3.3, use a PG 67-22 asphalt binder from the FDOT’s Approved Products List (APL). If the Contract calls for an alternative asphalt binder, meet the requirements of FDOT Specifications Section 336 or 916, as appropriate. 334-2.2 Aggregate: Use aggregate capable of producing a quality pavement. For Type FC mixes, use an aggregate blend that consists of crushed granite, crushed Oolitic limestone, other crushed materials (as approved by FDOT for friction courses per Rule 14-103.005, Florida Administrative Code), or a combination of the above. Crushed limestone from the Oolitic formation may be used if it contains a minimum of 12% silica material as determined by FDOT Test Method FM 5-510 and FDOT grants approval of the source prior to its use. As an exception, mixes that contain a minimum of 60% crushed granite may either contain: 1. Up to 40% fine aggregate from other sources; or, 2. A combination of up to 20% RAP and the remaining fine aggregate from other sources. A list of aggregates approved for use in friction courses may be available on the FDOT’s State Materials Office website. The URL for obtaining this information, if available, is: ftp://ftp.dot.state.fl.us/fdot/smo/website/sources/frictioncourse.pdf. 334-2.3 Reclaimed Asphalt Pavement (RAP) Material: 334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture, provided the RAP meets the following requirements: 1.When using a PG 76-22 (PMA), or PG 76-22 (ARB) asphalt binder, limit the amount of RAP material used in the mix to a maximum of 20% by weight of total aggregate. As an exception, amounts greater than 20% RAP by weight of total aggregate can be used if no more than 20% by weight of total asphalt binder comes from the RAP material. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. - 56 - FPID(S): 435118-1-58-01 3. Provide RAP material having a minimum average asphalt binder content of 4.0% by weight of RAP. As an exception, when using fractionated RAP, the minimum average asphalt binder content for the coarse portion of the RAP shall be 2.5% by weight of the coarse portion of the RAP. The coarse portion of the RAP shall be the portion of the RAP retained on the No. 4 sieve. The Engineer may sample the stockpile to verify that this requirement is met. 4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If oversized RAP material appears in the completed recycle mix, take the appropriate corrective action immediately. If the appropriate corrective actions are not immediately taken, stop plant operations. 334-2.3.2 Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material. 334-2.3.3 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on Table 334-2. The Engineer reserves the right to change the asphalt binder type and grade during production based on characteristics of the RAP asphalt binder. Table 334-2 Asphalt Binder Grade for Mixes Containing RAP Percent RAP Asphalt Binder Grade 0 - 15 PG 67-22 16 – 30 PG 58-22 > 30 PG 52-28 334-3 Composition of Mixture. 334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. 334-3.2 Mix Design: 334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R 35-12, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer’s conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. As an exception to these requirements, use a currently approved FDOT Mix Design. Warm mix technologies (additives, foaming techniques, etc.) listed on the Department’s website may be used in the production of the mix. The URL for obtaining this information, is: http://www.dot.state.fl.us/statematerialsoffice/quality/programs/warmmixasphalt/index.sh tm. - 57 - FPID(S): 435118-1-58-01 The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. 334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M 323-12, Table 3. Aggregates from various sources may be combined. 334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323-12, Table-3, as well as the Primary Control Sieve (PCS) Control Point from AASHTO M323-12, Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. 334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-12, with the following exceptions: use the number of gyrations at Ndesign as designed in Table 334-3. Table 334-3 Gyratory Compaction Requirements Traffic Level Ndesign Number of Gyrations A 50 B 65 C 75 334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323-12, as well as for relative density, VMA, VFA, and dust-to-binder ratio as specified in AASHTO M323-12, Table 6. Ninitial and Nmaximum requirements are not applicable. 334-3.2.5 Moisture Susceptibility: Test 4 inch specimens in accordance with FDOT Test Method FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 pounds per square inch. If necessary, add a liquid anti-stripping agent from the FDOT’s APL or hydrated lime in order to meet these criteria. In lieu of moisture susceptibility testing, add a liquid anti-stripping agent from the FDOT’s APL. Add 0.5% liquid anti-stripping agent by weight of asphalt binder. 334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1. The design traffic level and the design number of gyrations (Ndesign). 2. The source and description of the materials to be used. 3. The FDOT source number and the FDOT product code of the aggregate components furnished from an FDOT approved source (if required). 4. The gradation and proportions of the raw materials as intended to be combined in the paving mixture. The gradation of the component materials shall be - 58 - FPID(S): 435118-1-58-01 representative of the material at the time of use. Compensate for any change in aggregate gradation caused by handling and processing as necessary. 5. A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of the aggregate due to processing (particularly material passing the No. 200 sieve) should be accounted for and identified. 6. The bulk specific gravity (Gsb) value for each individual aggregate and RAP component. 7. A single percentage of asphalt binder by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1%. 8. A target temperature for the mixture at the plant (mixing temperature) and a target temperature for the mixture at the roadway (compaction temperature). Do not exceed a target temperature of 330°F for PG 76-22 (PMA) and PG 76-22 (ARB) asphalt binders, and 315°F for unmodified asphalt binders. 9. Provide the physical properties achieved at four different asphalt binder contents. One shall be at the optimum asphalt content, and must conform to all specified physical requirements. 10. The name of the mix designer. 11. The ignition oven calibration factor. 12. The warm mix technology, if used. 334-4 Process Control. Assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. Perform any tests necessary at the plant and roadway to control the process. 334-5 General Construction Requirements. 334-5.1 Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all weather conditions are suitable for the paving operations. 334-5.2 Limitations of Paving Operations: 334-5.2.1 General: Spread the mixture only when the surface upon which it is to be placed has been previously prepared, is intact, firm, dry, clean, and the tack, with acceptable spread rate, is properly broken. Ensure all granular base materials are properly primed and all asphalt base materials are properly tacked, prior to paving. 334-5.2.2 Air Temperature: Place the mixture only when the air temperature in the shade and away from the artificial heat meets the requirements of Table 334-4. The minimum ambient temperature requirement may be reduced by 5°F when using a warm mix technology, if mutually agreed to by both the Engineer and the Contractor. Table 334-4 Ambient Air Temperature Requirements for Paving Layer Thickness or Asphalt Binder Type Minimum Temperature (°F) ≤1 inch 50 Any mixture > 1 inch containing a PG asphalt binder with a high temperature designation ≥ 76°C 45 Any mixture > 1 inch containing a PG asphalt binder with a high temperature designation < 76°C 40 - 59 - FPID(S): 435118-1-58-01 334-5.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of plus or minus 30ºF from the target temperature as shown on the mix design. Reject all loads outside of this range. For warm mix asphalt, the Contractor may produce the first five loads of the production day and at other times when approved by the Engineer, at a hot mix asphalt temperature not to exceed 330°F for purposes of heating the asphalt paver. For these situations, the upper tolerance of +30°F does not apply. 334-5.4 Transportation of the Mixture: Transport the mix in trucks of tight construction, which prevents the loss of material and the excessive loss of heat and previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use a release agent that will contaminate, degrade, or alter the characteristics of the asphalt mix or is hazardous or detrimental to the environment. Petroleum derivatives (such as diesel fuel), solvents, and any product that dissolves asphalt are prohibited. Provide each truck with a tarpaulin or other waterproof cover mounted in such a manner that it can cover the entire load when required. When in place, overlap the waterproof cover on all sides so it can be tied down. Cover each load during cool and cloudy weather and at any time it appears rain is likely during transit with a tarpaulin or waterproof cover. Cover and tie down all loads of friction course mixtures. 334-5.5 Preparation of Surfaces Prior to Paving: 334-5.5.1 Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. 334-5.5.2 Patching and Leveling Courses: As shown in the plans, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. 334-5.5.3 Application over Surface Treatment: Where an asphalt mix is to be placed over a surface treatment, sweep and dispose of all loose material from the paving area. 334-5.5.4 Tack Coat: Use a rate of application as defined in Table 334-5. Control the rate of application to be within plus or minus 0.01 gallon per square yard of the target application rate. The target application rate may be adjusted by the Engineer to meet specific field conditions. Determine the rate of application as needed to control the operation. When using PG 52-28, multiply the target rate of application by 0.6. Table 334-5 Tack Coat Application Rates Asphalt Mixture Type Underlying Pavement Surface Target Tack Rate (gal/yd2) Base Course, Structural Course, Dense Graded Friction Course Newly Constructed Asphalt Layers 0.03 minimum Milled Surface or Oxidized and Cracked Pavement 0.06 Concrete Pavement 0.08 - 60 - FPID(S): 435118-1-58-01 334-5.6 Placing Mixture: 334-5.6.1 Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or other true edges, place all pavements by the stringline method to obtain an accurate, uniform alignment of the pavement edge. Control the unsupported pavement edge to ensure that it will not deviate more than plus or minus 1.5 inches from the stringline. 334-5.6.2 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified in 334-5.3, the Contractor may then place the mixture caught in transit. 334-5.6.3 Checking Depth of Layer: Check the depth of each layer at frequent intervals to ensure a uniform spread rate that will meet the requirements of the Contract. 334-5.6.4 Hand Work: In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. 334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike-off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. 334-5.6.6 Thickness Control: Ensure the spread rate is within 10% of the target spread rate, as indicated in the Contract. When calculating the spread rate, use, at a minimum, an average of five truckloads of mix. When the average spread rate is beyond plus or minus 10% of the target spread rate, monitor the thickness of the pavement layer closely and adjust the construction operations. If the Contractor fails to maintain an average spread rate within plus or minus 10% of the target spread rate for two consecutive days, the Engineer may elect to stop the construction operation at any time until the issue is resolved. When the average spread rate for the total structural or friction course pavement thickness exceeds the target spread rate by plus or minus50 pounds per square yard for layers greater than or equal to 2.5 inches or exceeds the target spread rate by plus or minus 25 pounds per square yard for layers less than 2.5 inches, address the unacceptable pavement in accordance with 334-5.10.4, unless an alternative approach is agreed upon by the Engineer. 334-5.7 Leveling Courses: 334-5.7.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing surface as shown in the plans. 334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon approval by the Engineer. - 61 - FPID(S): 435118-1-58-01 334-5.7.3 Rate of Application: When using Type SP-9.5for leveling, do not allow the average spread of a layer to be less than 50 pounds per square yard or more than 75 pounds per square yard. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 334-5.8 Compaction: For each paving or leveling train in operation, furnish a separate set of rollers, with their operators. When density testing for acceptance is required, select equipment, sequence, and coverage of rolling to meet the specified density requirement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops to the extent that effective compaction may not be achieved or the rollers begin to damage the pavement. When density testing for acceptance is not required, use a rolling pattern approved by the Engineer. Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc. 334-5.9 Joints. 334-5.9.1 Transverse Joints: Construct smooth transverse joints, which are within 3/16 inch of a true longitudinal profile when measured with a 15 foot manual straightedge meeting the requirements of FDOT Test Method FM 5-509. These requirements are waived for transverse joints at the beginning and end of the project and at the beginning and end of bridge structures, if the deficiencies are caused by factors beyond the control of the Contractor such as no milling requirement, as determined by the Engineer. When smoothness requirements are waived, construct a reasonably smooth transitional joint. 334-5.9.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. Do not construct longitudinal joints in the wheel paths. The Engineer may waive these requirements where offsetting is not feasible due to the sequence of construction. 334-5.10 Surface Requirements: Construct a smooth pavement with good surface texture and the proper cross slope. 334-5.10.1 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture and compaction with no pulled, torn, raveled, crushed or loosened portions and free of segregation, bleeding, flushing, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing requirements in accordance with 334-5.10.4. In areas not defined to be a density testing exception per 334-6.4.1, obtain for the Engineer, three 6 inch diameter roadway cores at locations visually identified by the Engineer to be segregated. The Engineer will determine the density of each core in accordance with FDOT Test Method FM 1-T 166 and calculate the percent Gmm of the segregated area using the average Gmb of the roadway cores and the representative - 62 - FPID(S): 435118-1-58-01 PC Gmm for the questionable material. If the average percent Gmm is less than 90.0, address the segregated area in accordance with 334-5.10.4. 334-5.10.2 Cross Slope: Construct a pavement surface with cross slopes in compliance with the requirements of the Contract Documents. 334-5.10.3 Pavement Smoothness: Construct a smooth pavement meeting the requirements of this Specification. Furnish a 15 foot manual and a 15 foot rolling straightedge meeting the requirements of FDOT Test Method FM 5-509. 334-5.10.3.1 Straightedge Testing: 334-5.10.3.1.1 Acceptance Testing: Perform straightedge testing in the outside wheel path of each lane for the final (top) layer of the pavement. Test all pavement lanes where the width is constant using a rolling straightedge and document all deficiencies on a form approved by the Engineer. Notify the Engineer of the location and time of all straightedge testing a minimum of 48 hours before beginning testing. 334-5.10.3.1.2 Final (Top) Pavement Layer: At the completion of all paving operations, straightedge the final (top) layer either behind the final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4, unless waived by the Engineer. Retest all corrected areas. 334-5.10.3.1.3 Straightedge Exceptions: Straightedge testing will not be required in the following areas: shoulders, intersections, tapers, crossovers, sidewalks, shared use paths, parking lots and similar areas, or in the following areas when they are less than 250 feet in length: turn lanes, acceleration/deceleration lanes and side streets. The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets. In the event the Engineer identifies a surface irregularity in the above areas that is determined to be objectionable, straightedge and address all deficiencies in excess of 3/8 inch in accordance with 334-5.10.4. 334-5.10.4 Correcting Unacceptable Pavement: Correct deficiencies in the pavement layer by removing and replacing the full depth of the layer, extending a minimum of 50 feet on both sides (where possible) of the defective area for the full width of the paving lane, at no additional cost. 334-6 Acceptance of the Mixture. 334-6.1 General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined below: 1. Asphalt Work Category 1 – Certification by the Contractor as defined in 334-6.2. 2. Asphalt Work Category 2 – Certification and process control testing by the Contractor as defined in 334-6.3. 3. Asphalt Work Category 3 – Process control testing by the Contractor and acceptance testing by the Engineer as defined in 334-6.4. 334-6.2 Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. Submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project meets the requirements of the Specifications. The Engineer may run independent tests to determine the acceptability of the material. - 63 - FPID(S): 435118-1-58-01 334-6.3 Certification and Process Control Testing by the Contractor: On Asphalt Work Category 2 construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project meets the requirements of the Specifications, along with supporting test data documenting all process control testing as described in 334- 6.3.1. If required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the process control testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run independent tests to determine the acceptability of the material. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation testing to determine the limits of the questionable material, removal and replacement at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material. 334-6.3.1 Process Control Sampling and Testing Requirements: Perform process control testing at a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture at the plant for gradation (P-8 and P-200) and asphalt binder content (Pb). Measure the roadway density with 6 inch diameter roadway cores at a minimum frequency of once per 1,500 feet of pavement with a minimum of three cores per day. Determine the asphalt binder content of the mixture in accordance with FDOT Method FM 5-563. Determine the gradation of the recovered aggregate in accordance with FDOT Method FM 1-T 030. Determine the roadway density in accordance with FDOT Method FM 1-T 166. The minimum roadway density will be based on the percent of the maximum specific gravity (Gmm) from the approved mix design. If the Contractor or Engineer suspects that the mix design Gmm is no longer representative of the asphalt mixture being produced, then a new Gmm value will be determined from plant-produced mix, in accordance with FDOT Method FM 1-T 209, with the approval of the Engineer. Roadway density testing will not be required in certain situations as described in 334-6.4.1. Assure that the asphalt binder content, gradation and density test results meet the criteria in Table 334-4. Table 334-4 Process Control and Acceptance Values Characteristic Tolerance Asphalt Binder Content (percent) Target ± 0.55 Passing No. 8 Sieve (percent) Target ± 6.00 Passing No. 200 Sieve (percent) Target ± 2.00 Roadway Density (daily average) Minimum 90.0% of Gmm 334-6.4 Process Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform process control testing as described in 334-6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P-8 and P-200) and asphalt binder content (Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet - 64 - FPID(S): 435118-1-58-01 the criteria in Table 334-4. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation testing to determine the limits of the questionable material, removal and replacement at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material. 334-6.4.1 Acceptance Testing Exceptions: When the total quantity of any mix type in the project is less than 500 tons, the Engineer will accept the mix on the basis of visual inspection. The Engineer may run independent tests to determine the acceptability of the material. Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or less, variable thickness overbuild courses, leveling courses, any asphalt layer placed on subgrade (regardless of type), miscellaneous asphalt pavement, shared use paths, crossovers, or any course with a specified thickness less than 1 inch or a specified spread rate less than 100 pounds per square yard. Density testing for acceptance will not be performed on asphalt courses placed on bridge decks or approach slabs; compact these courses in static mode only. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet continuous in length: turning lanes, acceleration lanes, deceleration lanes, shoulders, parallel parking lanes, or ramps. Density testing for acceptance will not be performed in intersections. The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped. 334-7 Method of Measurement. For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in tons. The bid price for the asphalt mix will include the cost of the liquid asphalt and the tack coat application as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix. 334-8 Basis of Payment. 334-8.1 General: Price and payment will be full compensation for all the work specified under this Section. CONCRETE FOR LAP (OFF-SYSTEM). (REV 12-20-11) (FA 2-27-12) SECTION 344 CONCRETE FOR LAP (OFF-SYSTEM) 344-1 Description. 344-1 General: Construct concrete based on the type of work as described in the Contract and the concrete work categories as defined below. - 65 - FPID(S): 435118-1-58-01 344-1.2 Work Categories: Construction will fall into one of the following concrete work categories: 344-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non-reinforced cast-in- place elements. 344-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems, traffic separators or other structural precast elements. 344-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast-in-place concrete meeting the requirements of this section. 344-2 Materials. 344-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures that meet the following requirements: 344-2.1.1 Portland Cement: Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 is required. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed. 344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet ASTM C 33. Source approval by the FDOT is not required. 344-2.1.3 Water: Water shall meet the requirements of ASTM C 1602. 344-2.1.4 Chemical Admixtures: Chemical admixtures shall be listed on the FDOT Qualified Products List. Admixtures may be added at the dosage rates recommended by the manufacturer. 344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the requirements of Table 344-1. Fly ash shall not include the residue resulting from the burning of municipal garbage or any other refuse with coal, or the burning of industrial or municipal garbage in incinerators. Table 344-1 Type or Class Test Method Exceptions Class C Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. Class F Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. Petroleum Coke Class F ASTM C 618 Not to be used with Types IP or IS cements. Bark Ash Class F ASTM C 618 Not to be used with Types IP or IS cements. Silica Fume ASTM C 1240 Metakaolin ASTM C 618 Slag ASTM C 989 Use only ground granulated blast-furnace slag grade 100 or 120. Ultra Fine Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. - 66 - FPID(S): 435118-1-58-01 344-3 Production, Mixing and Delivery of Concrete. 344-3.1 Concrete Production Requirements: 344-3.1.1 Category 1: Use a concrete production facility that is certified by the National Ready Mixed Concrete Association (NRMCA) or listed on the FDOT list of non-structural concrete producers. Concrete production facilities listed on the FDOT Producers with Accepted QC Programs list for structural concrete may also be used for Category 1. 344-3.1.2 Category 2: Use a prestressed and or precast facility listed on the FDOT Producers with Accepted QC Programs for precast or prestressed concrete. 344-3.1.3 Category 3: Use a structural concrete facility listed on the FDOT Producers with Accepted QC Programs for structural concrete. 344-3.2 Classes of Concrete: Meet the requirements of Table 344-2. Table 344-2 Class Minimum Strength (28 day) (psi) Target Slump (inches) Target Range (inches) Air Content Range (%) Minimum Total Cementitious Materials Content (lb/yd3) Maximum Water to Cementitious Material Ratio (lb/lb) Category 1 Class NS 2,500 N/A N/A N/A N/A N/A Category 3 I 3,000 3 ± 1.5 1.0 to 6.0 470 0.53 I (Pavement) 3,000 2 ± 1.5 1.0 to 6.0 470 0.50 II 3,400 3 ± 1.5 1.0 to 6.0 470 0.53 II (Bridge Deck) 4,500 3 ± 1.5 1.0 to 6.0 611 0.44 III 5,000 3 ± 1.5 1.0 to 6.0 611 0.44 III (Seal) 3,000 8 ± 1.5 1.0 to 6.0 611 0.53 IV 5,500 3 ± 1.5 1.0 to 6.0 658 0.41 IV (Drilled Shaft) 4,000 8.5 ± 1.5 0.0 to 6.0 658 0.41 V (Special) 6,000 3 ± 1.5 1.0 to 6.0 752 0.37 V 6,500 3 ± 1.5 1.0 to 6.0 752 0.37 VI 8,500 3 ± 1.5 1.0 to 6.0 752 0.37 344-3.3 Contractors Quality Control: For Categories 1 and 2, assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. For Category 3, furnish a Quality Control (QC) plan to identify to the Engineer how quality will be ensured at the project site. During random inspections, the Engineer will use this document to verify that the construction of the project is in agreement with the QC plan. 344-3.4 Concrete Mix Design: Before producing any Category 1 or Category 2, submit the proposed mix designs to the Engineer on a form provided by the Engineer. For Category 3, submit to the Engineer for approval, FDOT approved mix designs. Do not use concrete mix designs without prior approval of the Engineer. - 67 - FPID(S): 435118-1-58-01 Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments on an Engineer approved concrete delivery ticket. 344-3.5 Delivery: For Category 3, the maximum allowable transit time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the Engineer with each batch of concrete before unloading at the placement site. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete signs the delivery ticket certifying that the batch was produced and delivered in accordance with these requirements. Sign the delivery ticket certifying that the concrete was placed in accordance with these requirements. 344-3.6 Placing Concrete: 344-3.6.1 Concreting in Cold Weather: Do not mix or place concrete when the air temperature at placement is below 45°F. During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the air temperature within the enclosure can be kept above 50°F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.6.2 Concreting in Hot Weather: For Category 3, hot weather concreting is defined as the production, placing and curing of concrete when the concrete temperature at placing exceeds 86ºF but is less than 100ºF. Unless the specified hot weather concreting measures are in effect, reject concrete exceeding 86ºF at the time of placement. Regardless of special measures taken, reject concrete exceeding 100ºF. Predict the concrete temperatures at placement time and implement hot weather measures to avoid production shutdown. 344-3.7 Mixers: For Category 3 concrete, do not place concrete from a truck mixer that does not have a current FDOT mixer identification card. 344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less than 3 cubic yards placed in one day and less than 0.5 cubic yards placed in a single placement may be accepted using a pre-bagged mixture. The Engineer may verify that the pre-bagged mixture is prepared in accordance with the manufacturer’s recommendations and will meet the requirements of this Specification. 344-3.9 Sampling and Testing: 344-3.9.1 Category 1: The Engineer may sample and test the concrete to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi. 344-3.9.2: Category 2: No sampling and testing is required for category 2. 344-3.9.3 Category 3: The Engineer will randomly select a sample from each 200 cubic yards or one day’s production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Engineer at 28 days to ensure that the design compressive strength has been met for the class of concrete as specified in Table 344-2. - 68 - FPID(S): 435118-1-58-01 344-3.10 Records: Ensure the following records are available for review for at least 3 years after final acceptance of the project: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices. 344-4 Acceptance of the Work. 344-4.1 Category 1 Work: Category 1 work will be accepted based on certification by the batcher and contractor on the delivery ticket. 344-4.2 Category 2 Work: Certify that the precast elements were produced by a production facility on the FDOT’s list of Producers with Accepted QC Programs for precast or prestressed concrete. In addition, the producer’s logo shall be stamped on the element. The producer shall not use the Florida Department of Transportation QC stamp on elements used on this project. Provide a statement of certification from the manufacturer of the precast element that the element meets the requirements of this Specification. 344-4.3 Category 3 Work: Category 3 concrete will be accepted based on the Engineer’s test results for plastic properties and compressive strength requirements for the class of concrete as defined in Table 344-2. In addition, a Delivery Ticket as described in 344-3.5 will be required for acceptance of the material at the project site. 344-4.4 Small Quantities of Concrete: Category 3 concrete meeting the definition of 344-3.8 will be accepted in accordance with 344-4.3 based on test results for plastic properties and compressive strength. 344-5 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 344-6 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section. LANDSCAPE INSTALLATION FOR LAP (OFF-SYSTEM). (REV 4-5-11) (FA 4-15-11) SECTION 580 LANDSCAPE INSTALLATION FOR LAP (OFF-SYSTEM) 580-1 Description. Plant trees and shrubs of the species, size, and quality indicated in the plans. - 69 - FPID(S): 435118-1-58-01 The Engineer reserves the right to adjust the number and location of any of the designated types and species to be used at any of the locations shown, in order to provide for any unanticipated effects which might become apparent after the substantial completion of other phases of the project, or for other causes. 580-2 Materials. 580-2.1 Plants: 580-2.1.1 Authority for Nomenclature; Species, etc.: For the designated authority in the identification of all plant material, refer to two publications of L.H. Bailey: “Hortus III” and “Manual of Cultivated Plants,” and ensure that all specimens are true to type, name, etc., as described therein. For the standard nomenclature, refer to the publication of the American Joint Committee on Horticultural Nomenclature, “Standardized Plant Names.” 580-2.1.2 Grade Standards and Conformity with Type and Species: Only use nursery grown plant material except where specified as Collected Material. Use nursery grown plant material that complies with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture’s “Grades and Standards for Nursery Plants”. Except where a lesser grade might be specifically specified in the plans, ensure that the minimum grade for all trees and shrubs is Florida No. 1. Ensure that all plants are the proper size and grade at the time of delivery to the site, throughout the project construction period and during any designated plant establishment period. Ensure that plant materials are true to type and species and that any plant materials not specifically covered in Florida Department of Agriculture’s “Grades and Standards for Nursery Plants” conform in type and species with the standards and designations in general acceptance by Florida nurseries. Ensure that plant materials are shipped with tags stating the botanical and common name of the plant. 580-2.1.3 Inspection and Transporting: Move nursery stock in accordance with all Federal and State regulations therefore, and accompany each shipment with the required inspection certificates for filing with the Engineer. 580-2.2 Water: Water used in landscaping operations may be obtained from any approved source. Ensure that water is free of any substance which might be detrimental to plant growth. The use of effluent water is subject to approval and must meet all Federal, State and Local requirements. 580-3 Specific Requirements for the Various Plant Designations. 580-3.1 Balled-and-Burlapped Plants (B&B), and Wired Balled-and- Burlapped (WB & B): 580-3.1.1 General: Properly protect the root ball of these plants until planting them. The Engineer may reject any plant which shows evidence of having been mishandled. Set the B&B and WB&B plants then remove the top 2/3 of all wire, rope, and binding surrounding the plant. Remove the burlap from the top 4 inches of the root ball. Do not disturb the root ball in any way. Bare root material is not allowed for substitution. - 70 - FPID(S): 435118-1-58-01 At least 90 days before digging out B & B and WB & B plants, root-prune those 1 1/2 inches or greater in diameter and certify such fact on accompanying invoices. 580-3.1.2 Provisions for Wiring: For plants grown in soil of a loose texture, which does not readily adhere to the root system (and especially in the case of large plants or trees), the Engineer may require WB & B plants. For WB & B plants, before removing the plant from the excavated hole, place sound hog wire around the burlapped ball, and loop and tension it until the tightened wire netting substantially packages the burlapped ball such as to prevent disturbing of the loose soil around the roots during handling. 580-3.2 Container-Grown Plants (CG): The Engineer will not accept any CG plants with roots which have become pot-bound or for which the top system is too large for the size of the container. Fully cut and open all containers in a manner that will not damage the root system. Do not remove CG plants from the container until immediately before planting to prevent damage to the root system. 580-3.3 Collected Plants (Trees and Shrubs) (C): Use C plants which have a root ball according to “Florida Grades and Standards for Nursery Plants”. Do not plant any C plant before the Engineer’s inspection and acceptance at the planting site. 580-3.4 Collected Plants (Herbaceous) (HC): The root mass and vegetative portions of collected herbaceous plants shall be as large as the specified container-grown equivalent. Do not plant any collected plant before inspection and acceptance by the Engineer. 580-3.5 Specimen Plants (Special Grade): When Specimen (or Special Grade) plants are required, label them as such on the plant list, and tag the plant to be furnished. 580-3.6 Palms: Wrap the roots of all plants of the palm species before transporting, except if they are CG plants and ensure that they have an adequate root ball structure and mass for healthy transplantation as defined in “Florida Grades and Standards for Nursery Plants”. The Engineer will not require burlapping if the palm is carefully dug from marl or heavy soil that adheres to the roots and retains its shape without crumbling. During transporting and after arrival, carefully protect root balls of palms from wind and exposure to the sun. Muck grown palms are not allowed. After delivery to the job site, if not planting the palm within 24 hours, cover the root ball with a moist material. Plant all palms within 48 hours of delivery to the site. Move sabal and coconut palms in accordance with the “Florida Grades and Standards for Nursery Plants.” 580-3.7 Substitution of Container-Grown (CG) Plants: With the Engineer’s approval, the Contractor may substitute CG plants for any other root classification types, if he has met all other requirements of the Contract Documents. 580-4 Planting Requirements. 580-4.1 Layout: Prior to any excavation or planting, mark all planting beds and individual locations of palms, trees, large shrubs and proposed art and architectural structures, as shown in the plans, on the ground with a common bright orange colored spray paint, or with other approved methods, within the project limits. Obtain the Engineer’s approval and make necessary utility clearance requests. - 71 - FPID(S): 435118-1-58-01 580-4.2 Excavation of Plant Holes: Excavate plant holes after an area around the plant three times the size of the root ball has been tilled to a depth of the root ball. Ensure that the plant hole is made in the center of the tilled area only to the depth of the plant root ball. Where excess material has been excavated from the plant hole, use the excavated material to backfill to proper level. 580-4.3 Setting of Plants: Center plants in the hole. Lower the plant into the hole so that it rests on a prepared hole bottom such that the roots are level with, or slightly above, the level of their previous growth and so oriented such as to present the best appearance. Backfill with native soil, unless otherwise specified on the plans. Firmly rod and water-in the backfill so that no air pockets remain. Apply a sufficient quantity of water immediately upon planting to thoroughly moisten all of the backfilled earth. Keep plants in a moistened condition for the duration of the planting period. When so directed, form a water ring 6 inches in width to make a water collecting basin with an inside diameter equal to the diameter of the excavated hole. Maintain the water ring in an acceptable condition. 580-4.4 Special Bed Preparation: Where multiple or mass plantings are to be made in extended bedding areas, and the plans specify Special Bed Preparation, prepare the planting beds as follows: Remove all vegetation from within the area of the planting bed and excavate the surface soil to a depth of 6 inches. Backfill the excavated area with peat, sand, finish soil layer material or other material to the elevation of the original surface. Till the entire area to provide a loose, friable mixture to a depth of at least 8 inches. Level the bed only slightly above the adjacent ground level. Then mulch the entire bedding area, in accordance with 580-8. 580-5 Staking and Guying. 580-5.1 General: When specified in the plans, or as directed by the Engineer, stake plants in accordance with the following. Use wide plastic, rubber or other flexible strapping materials to support the tree to stakes or ground anchors that will give as the tree moves in any direction up to 30 degrees. Do not use rope or wire through a hose. Use guy chords, hose or any other thin bracing or anchorage material which has a minimum 12 inches length of high visibility flagging tape secured to guys, midway between the tree and stakes for safety. Stake trees larger than 1 inch diameter and smaller than 2 inches diameter with a 2 by 2 inch stake, set at least 2 feet in the ground and extending to the crown of the plant. Firmly fasten the plant to the stake with flexible strapping materials as noted above. 580-5.2 Trees of 2 to 3 1/2 inches [50 to 90 mm] Caliper: Stake all trees, other than palm trees, larger than 2 inches caliper and smaller than 3 1/2 inches caliper with two 2 by 4 inch stakes, 8 feet long, set 2 feet in the ground. Place the tree midway between the stakes and hold it firmly in place by flexible strapping materials as noted above. 580-5.3 Large Trees: Guy all trees, other than palm trees, larger than 3 1/2 inches caliper, from at least three points, with flexible strapping materials as noted above. - 72 - FPID(S): 435118-1-58-01 Anchor flexible strapping to 2 by 4 by 24 inch stakes, driven into the ground such that the top of the stake is at least 3 inches below the finished ground. 580-5.4 Special Requirements for Palm Trees: Brace palms which are to be staked with three 2 by 4 inch wood braces, toe-nailed to cleats which are securely banded at two points to the palm, at a point one third the height of the trunk. Pad the trunk with five layers of burlap under the cleats. Place braces approximately 120 degrees apart and secure them underground by 2 by 4 by 12 inch stake pads. 580-6 Tree Protection and Root Barriers. Install tree barricades when called for in the Contract Documents or by the Engineer to protect existing trees from damage during project construction. Place barricades at the drip line of the tree foliage or as far from the base of the tree trunk as possible. Barricades shall be able to withstand bumps by heavy equipment and trucks. Maintain barricades in good condition. When called for in the Contract Documents, install root barriers or fabrics in accordance with the details shown. 580-7 Pruning. Prune all broken or damaged roots and limbs in accordance with established arboriculture practices. When pruning is completed ensure that all remaining wood is alive. Do not reduce the size or quality of the plant below the minimum specified. 580-8 Mulching. Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed), pine straw, compost, or other suitable material approved by the Engineer, to a minimum loose thickness of 3 inches over the entire area of the backfilled hole or bed within two days after the planting. Maintain the mulch continuously in place until the time of final inspection. 580-9 Disposal of Surplus Materials and Debris. Dispose of surplus excavated material from plant holes by scattering or otherwise as might be directed so that it is not readily visible or conspicuous to the passing motorist or pedestrian. Remove all debris and other objectionable material from the site and clean up the entire area and leave it in neat condition. 580-10 Contractor’s Responsibility for Condition of the Plantings. Ensure that the plants are kept watered, that the staking and guying is kept adjusted as necessary, that all planting areas and beds are kept free of weeds and undesirable plant growth and that the plants are maintained so that they are healthy, vigorous, and undamaged at the time of acceptance. 580-11 Plant Establishment Period. If the Contract Documents designate a Plant Establishment Period, assume responsibility for the proper maintenance, survival and condition of all landscape items during such period at no additional cost. - 73 - FPID(S): 435118-1-58-01 580-12 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 580-13 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section. - 74 - FPID(S): 435118-1-58-01 THIS COMPLETES THIS SPECIFICATIONS PACKAGE CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Quality Enterprises USA, Inc. ("Contractor") of 3494 Shearwater Street, Naples, Florida 34117-8414, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Vanderbilt Beach Rd (CR 862) Bike Lanes Improvement Project, Invitation to Bid No. 19-7519 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Johnson Engineering, Inc., 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: Four Hundred Ten Thousand, Three Hundred Thirty -Seven Dollars and Thirty Cents ($410,337.30). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit B-1 and B-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than 1 Construction Services Agreement: Revised 072118 $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 Damaqes. 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 twenty (120) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two Hundred Forty -One Dollars ($1,241.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 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 2 Construction Services Agreement: Revised 072118 GAO or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 19-7519 Vanderbilt Beach Rd (CR862) Bike Lanes. Exhibit A-1: Contractor's Bid Schedule Exhibit A-2: Contractor's Bid Submittal Forms and Addendums Exhibit A-3: Contractor's List of Key Personnel Exhibit B-1: Payment Bond Forms Exhibit B-2: Performance Bond Forms Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: Revised 072118 C� 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 ® Applicable ❑ Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 19-7519 Vanderbilt Beach Rd (CR862) Bike Lanes. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsvnc-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ® ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. ®Exhibit J: Technical Specifications ❑Exhibit K: Permits ❑Exhibit L: Standard Details ®Exhibit M: Plans and Specifications prepared by Johnson Engineering, Inc. 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: Collier County Board of County Commissioners, FL c/o Transportation Engineering Division 2885 S. Horseshoe Drive Naples, Florida 34104 Attn: Chad Sweet, Senior Project Manager Phone: 239-252-5762 Email: Chad.Sweet(cr colliercountyfl.gov 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: Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 Attn: Louis J. Gaudio, Vice President Phone: 239-435-7200 Email: Lgaudio@geusa.com 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. 4 Construction Services Agreement: Revised 072118 G 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 lis t." 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. 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. 5 011010 Construction Services Agreement: Revised 072118 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 procurement ordinance and policies 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 including the Owner's Board approved Executive Summary 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. a 0 ConstrurVon Services Agreement, Revised 072119 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TW ITNE T WITNEtS Jack Hoover Print Name SEC ND IITNESS Margarita Negron Print Name Date: 04/15/19 ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller W Approved as to Form and Legality: Assistant County Attorney Print Name CONTRACTOR: Quality Enterprises USA, Inc. By: Louis J. Gaudio, Vice President Print Name and Title Date 4/15/19 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA L'" William L. McDaniel Jr. Date Chairman 7 Construction Services Agreement: Revised 072118 EXHIBIT A-1: CONTRACTOR'S I3ID SCHEDULE (FOLLOWING THIS PAGE 6 ConsiruCtlon Services Agrooment: Revised 072116 �� 19.7519 V6rldorbW S6Bch Rd {OR 69x} BIND Lan113 FPIO No. 4301190-11"1 IT.Em 1 PAY ITEM NO. 187-1 0E$C;ljlj1Tl0N. MOBILIZATION UNIT LS EST. CITY. + UNIT 3 PRICE PAMEMTOTAL 701000100 3 78.00.06 2 102.1 MAINTENANCE OF TRAFFIC LS 1 3 21.44.04 $ 21.050,DO 3 104.10.0 SEDIMENT BARRIER LF 044 $ 5.10 $ 1.344.DO 4 104.16 INLET PROTECT4NSYSTCM EA B 3 265.00 S 1.040.60 5 11x1,1 CLEARING& GRUBBING LS 1 5 60,760,00 # 50,260.00 a 120.1 EXCAVATION OY 902 3 17.00 # 14,464,00 7 1206 EMBANKMENT QY 268 3 15.00 ; 3,767,69 a 100.4 TYPE B 5TABILI7ATIQN BY 7.2119 6 2.50 i 10.287.60 9 20(»701 OPTIONAL BASE, BASE GROUP 01 SY 3,104 3 12,00 # 37,24800 10 268-71111 OPTIONAL BASE, BASE GROUP 06 BY 665 3 19.210 # 16,544,50 17 32740-1 MILLING EXIST. ASPHALT PAVEMENT I'AVGDEPTH $Y 1,8511 S 4.30 $ 6,42370 12 334.1.13 SUPERPAVE ASPHALTIQ CONC, TRAFFIC C, SP 12.612.5"1 TN 111 $ 27600 5 30,526,00 13 337.7.02 ASPHALT CON CRETHFRIGTIONCOURSE,TRAFFIGC.PC.9,5,PA75,27(11 TN313 3 786,00 # 63,96,00 14 46&174.115 OPTIONAL MATERIAL, ROUND, " SO PIPE CULVERT,15 LF 9 3 150011 # 1,DSOAO 10 430.984.123 MITERED ENO SECTION, OPTIONAL ROUND. 10.30 FA 2 11 1,706,00 # 3,400.00 16 430-94-1 DESILTINGPIPR,O.24' LF 100 3 1000 i 2,34000 17 1520-1-7 CONCRETE WRB b (i11TTER, TYPE E LF 36 3 .16.40 # 1,146.80 18 5202.4 WNCRETE CURB, TYPO 0 LF 76 $ 24.04 # 600.01) 15 522.2 CDNCREYESIOEWALK,6'THICK SY 0 3 70.00 y 650.00 20 527.2 DETECTABLE WARNING, YELLOW SF 11 # 3006 5 33000 21 070.1-2 PERFDR1AANgE TURP, SOD SY 7,676 $ 6,00 # 37,860.00 22 030.2.12 PULL AND SPLICE BOIL ADJUST EASTINO LS 2 $ 1,05000 # 2,100.00 23 7otL1-71 StKLF POST SIGN, FaI, LE$$THAR 12$F AS 9 # 360.60 ; 2,600.00 24 700.1-8-0 SINGLE POST SIGN, RELOCATE AS 21 { 15000 S 450.00 25 7OD-140 SINGLE F` STSIGN,REMOVE A6 11 i 4000 6 440,08 20 706-3 RETRO-REFLECFIVEPAVEMENYMARKER - EA 85 $ 5,20 5 447.20 22 710.80 PAVEMENT MARKWOS FINAL SURFACE LS 1 $ 7,600.00 3 7,540.00 26 7t&11.150 PkNTEGPAVEMENT MARKINGS,STANDARD. WHITE. MESSAGE ORSYMBOL EA 18 3 45.00 S 61500 28 710-11.110 PA1NTR3 PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS EA ti # 32,00 5 440.00 30 711.11.123 THERMO, STD., WHITE, SOLID, 00155WALKA-A, 12- LF 49 $ 5.x0 5 5511110 Si 711.11.124 THERMO., STD.. WHITE, SOLID. maG.rHEVRONS,18' LF 216 4 0.30 i 1,155A0 212 711.11.125 THERMO., STD.. WHITE, SOLID, STOP LINE, 241 LF 141 S 7.00 $ 997.40 33 711.11.141 THERMO., STD., WHITE, GUIDE LIME 6' (374) GM 0.120 # 3,550.00 5 455,80 34 T11-11.170 THERMO.. STO.,ARROWS IRIGHTI EA 12 3 09.00 i 1,140.00 35 TSI -16.101 THERMO.. BTO. • OTHER, WHITE, SOLID, 5' GM 1690 3 6,106.00 $ 6,168.00 36 711.16.103 THERMO.. STD. -OTHER, WHITE, SOLID, 5- 4M 9,040 # 71700.90 3 346.04 37 ASIM AS-BUILCRECORO DRAWINGS LS 1 S 0.004.00 5 sAODOo SubmlhodBy: Quality EnlomdausUSA. Imo . 1124119 Zm EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 In Co c -r C county Adminlstralive Services Department Pmeumment Services Divislon ADDENDUM # 1 Memorandum Date: January 4, 2019 From: Barbara Lattice, Procurement Strategist To: Interested Parties Emall: Barbara. Lance@,colliercgunt—gnLy.net Telephone: 239-252-8998 Subject: Addendum # 1 — 19-7519 Vanderbilt Beach Rd (CR862) Bike Lanes This addendum has been issued for the following items) Identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Chan e: The Bid Schedule has been updated, correcting a rounding error identified In the Question below: Question 1: Line (tern #19, pay item # 522-2 shows a quantity of 9 SY, but the spreadsheet shows a quantity of 8.7 SY. Please let us know which quantity Is correct. 19-7519 Exhibit A-1 Sid Schedule has been "REPLACED" with: 19-7519 Addendum 1 -Bid Schedule Rev 1 CC: Chad Sweet, Project Manager If you require additional Information, please post a question on SIdSync on-line or contact me using the above contact Information. Appandlx F•Template -Addendum-rev 10.38-18 0 2�w C30U-14ty Adminlstra6ve Services Department Procurarnant Servlms Aivisian ADDENDUM # 2 Memorandum Date: January 8, 2019 From; Barbara Lattice, Procurement Strategist To: Interested Parties Email: Barbara.Lanee )gollie rcourntygov-not Telephone: 239-252-8998 Subject: Addendum # 2 — 19-7519 Vanderbilt Beach Rd (CRB62) Bike Lanes This addendum has been issued for the following Item(s) identifying clarifications, changes, deletions, or additions to the original solicitation documents and bid schedule for the above referenced solicitation. Changes: Revisions to "Federal Wage Rates" effective 0110412019 FL163, Below documents have been revised: • 19-7519 Addendum 2 — Exhibit I — Federal Provisions and Assurances • 19-7519 Addendum 2 —Exhibit I —Revised FL163 — Davis l3acon Wage Rate 2019 C. Chad Sweet, Project Manager If you roquiro additional Information, please post a questlon on BldSync on-line or contact ma using the abova contact information. OrA ager Caurity Administer$ Services Oepartment Prdcurempnt SerYlaes Division ADDENDUM # 3 Memorandum Date: January 19, 2019 From: Barbara Lance, Procurement Strategist To; InterQsted Parties Email: Barbara. Lano@colllercaunlygov,ncrl Telephone: 239-252-6998 Subject: Addendum # 3 — 19-7619 Vanderbilt Beach Rd (CR862) Bike Lanes This addendum has been issued for the following Item(s) identifying clarifications, changes, deletlons, or additions to the origlnal solicitation documents and bid schedule for the above referenced solicitation. Addition: • 19.7599 Addendum 3_Pre-Bld Mtg_Slgn-ln Sheet has been upioaded to BldSync. CC; Chad Sweet, Project Manager If you require additional Information, ploose post a question on BidSync on-line or contact me using the above contact Information. 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Vanderbilt Beach Rd (CR 862) Bike Lanes BID NO. 19-7519 Full Name of Bidder__ Quality Enterprises USA, Inc. Main Business Address 1494 a4earwater Street, Naples, FL 34117–A416__. Place of Business 28me Tel ephoneNo. 239-435-7200 —_r -ax No. 239-435-7202 State Cnutractor'sLicense#! CBCA57231, CU0057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 54-0947002 DUNS # 050997386 CCR# NA Cagc Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder dectares that the only person orpartics interested in this Bid as principals are those named herein, that this Hid 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 5pacifioations, Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary maeltinery, 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 inorc than levo decimsrl paints, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will he conducted by Procurentent Services Division staff. rIiLY�iP.. umrt�r Q :-i�1.= Yr, -�a�::hsY• ��1•��. ,'¢} . __..-�1, �E�.ti Y,1.Ar...��Rr1;�'izY!aikdf��?'sF_i'�.' Vanderbilt Be9ch Rd (CR 862) BlIce Lazio$ Bid No. 19.7519 Name Per§onncl Cate or Paul Moriarty Construction Superintendent Matt Casey Project Manager THIS Forth MUST BE COMPLE, TED OR BID SHALL BE DEEMED NON-RESPONSIVE All Sid s shall confirm by signature that they will provide the manufacturers and materials outlined/this this Bid Speeif"icati s, including oompliance with Florida Statute 255.24 to provide lumber, timber and other fn t products produced an anufactured in the Slate of Florida as long as the price, fitness and quality are equal. Ex ptions (when equals are ace table) may be requested by completing the Material ManufacturerI3xcaptian below. If an exception fora nufacturer and/or material is proposed and listed below and is not approved fs -ngineerlProject Manager, Bidder sh [ furnish the manufacturer named in the specification, Acceptance of this Po does not constitute acceptance of materia roposed on this list, Complete and sign section\4 OR B Section A (Acceptance of all On behalf of my firm, 1 the Bid specifications, and materials in Bid specifications) that we will use all manufacturers and/iaterials m specifically outlined in Section B (Exception requested to Bid specifications nl7urtrs and materials) EXCEL3TION MATERIAL )~ EPTION MAWA,CLIER 1. 2. 3. 4. 5. Please insert additional paFA as necessary. Exceptions not allowed on federal contracts �,-}.r;+rs �:r'J ?;•• �':':�:4a ivv w.5iw• �rFn �� R ��""iAn`��sq1�1.�'1 :SU"7,l,.r..i.r.,,til4c iti.L�fr THIS LIST M UST BE COMPLETED OR BID MAY BE DEE, iVIED 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 2017-08 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 Subcootractors in its bid offer. Further, the Owner may direct the Successful Bidder to removeheplace 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 5uccessral 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, s, FL 9 r r � t�� C �frfri � � '� " s 1S'�7� :' 7} � �:�%.f, i... .i •. The Bidder is required to slate below what work of similar magnitude completed within the last five (5) 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. en (project name) Naples, YL (project laoAtian) City of Naples _ (project owner) 280 R yersidg (Owner's Address) PcnnRtTll P. on Gregg 5trakaluse, D (project description) (Owner's contact person) (title) April 2016 — October 2016 $_ 4,502,433.00 239-28.7-6010 ..Q5TRAK&L S2QNAPLEacnV,COM (project start/cornpletion dates) (cvntraot value) (phone) (email) 2. Lake Trafford Memorial Gardens Rrainage mn rovem�r4 (project name) Immokalee, FL (projeet location) Drainage pipe & structure Installation . Asphalt uavinL, (project descrlption) Sept. 2018 — Collier County (project owner) 2800 N. Horgeshon Drive, Naplea, F1 (Owner's address) Claude Nesbitt Project Manager (Owner's contact person) (title) Dec. 20.15 $_._-2iz 965.40 239-877.-8274 ERCOUNTYFL. (project starticompletion dates) (contract value) (phone) (email) GOV 3, Golden Gate Parkway @ Livingston Road 'Imnrov.ementK (project name) Naples, FL (project location) (project dasoription) May 2017 — Sept, 2 $ 289.129.Q0 (project startloamplation datos) (contract value) co t i = county (project owner) 2800 N. Horseshoe Dr. Naples, FL (Owner's address) Z (Owner's contact person) (title) 239-252-5794 JAMERUVER@COLLILRCOUNTYFL. (phone) (email) GOV (project name) (project owner) (Owner's address) (project location) (Owner's contact person) (title) (project description) (project completion date) (contract value) (phone) (email) 5. (project owner) (project name) (Owner's address) (project location) (Owner's contact person) (title) (project description) (project completion date) (contract value) (phone) (email) 6. (project name) (project location) (project owner) (Owner's address) (project description) (Owner's contact person) (project completion date) (contract value) (phone) (email) (title) ■ ME �• � ��rr�`�R t!s.�:�.�::�:.__.'�.:.a..��CaL� t ��v_ d�if�i 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 Measure Measure [Qua;wJ4 Cost s lacscriptl¢n} MZSY) 1, Slope LK 8 $ 5.00 2. 3. 4. 5� TOTAL $ 40.00 failure to complete the above may result in the Bid being declared non-responsive. Extended Cost $_40.00 fr'tirtil 4��':`�.`1fi:i'i��'4��.1��i$.:�3�d�e'Nt�i�� ❑ � . � i f = -��4.7L�� `�.1 .� t�' lh�r5,,� ,i Ns. � j ' '�. ti � KNOW ALL MEN BY THESE PMSHNTS, that we Quality Enterpri9A$ USA, It,_c- (herein after called the Principal) and Fldeli*end aeppait Company of Maryland , (heroin called the Surety), a cotporalion chartered and existing undoes the laws of the State of Maryland _ with its prinoipaE ofl'iees in the city of Snhaurnburn _ and authorized to d❑ business in the State of Florida are held and firmly bound unto the saard of County Comml9alamarl, Callior County, flaelda (hereinafter called the Owner), in the full and just sum of -Five-Pereent•of_-A_moun#=Btd-L _ dollars ($ 5%�of-Sid-- _ ) good and lawful money of thv United Stnies of America, to be paid upon dermad of tba Owner, to which payment well and truly to be made, the Principal Bud the Surety bind themselves, their heirs, and executors, admirdstmtors, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Rid for furnishing all labor, materials, equipment and incidentals necessary to famish, install, and fully complete the Work on the Project known as Bid No. 19-7519 Vanderbilt Beach Rd (CR 862) Bike Lanes. NOW, UMR� M6'ORE; if the Owner shail accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Ownar and within tan days after the date of a written Notice of Award in accordance with the terms of such Bld, 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 furuishcd in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter Into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of ts%-of-std-- noted above as liquidated darnagcs, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to reuiiWa in full force and effect, IN TESTIM01s`Y Thereof, the Principal and Surety have caused these presents to bo duly signed and sealed this 24th day of January ,2019 , Quality Enterprises USAI Inc. Principal BY _ (Seal) Lou s . ,audio, Vice President: Fidelity and Deposit_ Company of Maryland Surety (Seal) Countersigned _ i/ + 64A - ed Producing Ageat for Fldality and Coposil Company of Maryland _ Upon notification that its Bid bas been awarded, the Successful Bidder will exacute the Agreement form attaobed to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certiftoatos as required by the Contract Documents. The bid security attached is to become the property of the Ownerin the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above sot forth, as liquidated damages, for the May and additional expense to the Owner, it being rocognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder Fails to excoute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event ofsuch failure, the total am❑ int of owner's damages, will be diffioult, ifnot impossible, to definitoly 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 fai Is to execute and deliver the Agrnetnent, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to soak to characterize the above noted liquidated damages n a penalty, which the parties agroD rcprescnts a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successfili Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manncr. Upon receipt of the signed and approved agreement and Purchase Order, the undersiglacd proposes to continence work at the site within rive (5) calendar days from the commencement date stipulated In the written Notice to Proceed unless the Proicct Manager, in writing, subsequently nodflos the Contractor of a modified (later) commencement data. The undersigned father agrees to substantially complete all work covared by this Hid within One Hundred Twenty (124) consecutive calendar clays, computed by excluding the commencement date and Including the last day ofsuch period, and to be fully completed to thepoint offmat acceptance by the Owner within Thirty (34) consecutive calendar days after Substantial Completion, computed by excluding carmneneement date and including the last day of such period. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DC, POSIT 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 COLON[AL AME RICAN CASUALTY AND SUVSTY CONTANY, a corporation of the State of Maryland, and tile, FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein colleotively Baited the "Companies"), by MICHAEL BONA, Vice president, in pursuance of authority granted by Article V, Section 8, of the By -Daws of said Companies, which are sot forth on the reverse side hereof and are hereby certified to be in full force and effect on the data hereof, do hereby nominate, constitute, and appoint Mork C. BUNDY, Tammy A. WARD, Terri IC: STRAWHAND, Daniel J. GRYGO and Kathryn SWELL, all of Virginia Reacb, Virginia, EACH its true and Iawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its aet and deed: nny and alt hands and undertakings, and the execution of such bonds or undertskings 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 tire, ZURICH AMERICAN 1NSURANCR COMPANY at its office in New York, New York, rite regularly elected officers of the COLONIAL AMERICAN CASUALTY ARID SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSI`C 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 an the reverse side hereof is a true copy of Ailicle V, Section 8, Of the By -Laws of said Companies, and is now in force. IN WITNMSS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZCI>;tICII AMERICAN INSUILANCE COMPANY, COLONIAL AMERICAN CASUALTY ANI} SURETY COM1PANY1 end FEDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of lune, A.D. 2017. ATTEST: C"tw -..— . Set vfary Michael Mckibben ZURICH ANfl' RICAN INSURANCE COMPANY COLONIAL AN[ G- iCAN CASUALTY AND SURETY C01PANY FIDELITY AND DEPOSIT COWANY OF MARYLAND ' ,fi4 ot�o,re Oji r $CAL Y F,p 4 f Vice Prusidelrr Michnal Bone! State of Maryland County ofRaltlmore On this 26th day of June, A.D. 21117, bofom the subscriber, a Notary Public of the State of Maryland, daily commissioned and qualified, MICHAEL BOND, Viet President, and IAICIiACL MCIUBBEN, Secretary, of IlicCowpwles, to me personally known to be the individuals and oflict:rs described in and who executed the preceding inslrnment, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that lie/Elie is the said officer of the Company aforemid, and that the seals affixed to the preceding instrument are the Corporate S❑als of said Companies, and that tho said Corporate Soala and the signature as su❑h Dlileer were duly afllxcd and subscribed to the said instrument by the authority and direction ortbe said Corporations. IN 'ITSTIMONY WHEltls'OE I have hereunto set my hand and affixed my Offioial Seal the day and year first abnve written. 4�„1,Ilnrfll,� v r+r4rntrW� Ceusraace A. Dunn, Notary Public My Commission Expires: July 9, 2019 FCA -F 178-3814A IG EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-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 attomeys-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 Attorney ... 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. IN TESTIMO WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this�day of 0—n U iJ_ty 20• 8SAL David McVicker, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 E ltespeetfully SubMin State of F'lerida_ County of DRi 1 a Pr, L0,11 a J, Gaitdfo being first duly swore 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 chem, Lou u J, Gaudio ___, also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Dravrings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) CoMoralitIn The Bidder is a corporation organized and existing under the laws of the, State of Virginia _,which operates under the legal name of Quality Ent erprisea T3SA. Inc., _._, and the full names of its officers areas follows: President Howard J. Murrgll secretary St nepy T- ,&rrell Trcmrer Manager (b) Co,Partnership, The Bidder is a co -partnership consisting of individual partners whose full names arc: as follows: The co -partnership does business under the legal name of, y by action of its this last sontcnce (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is Complete for information con6med in (a) Corporation, (b) Co-Partnersh ip or (c) Individual front previous page. DATED . KinI �'4' rr _ . eroriees USA, 4nc. Legal Entity BY; L is J. Gaudio Mame of Bidder (T e Signature Vice President Title STATE OF Fla ida COUNTY OF C01I 10- The foregoing instrument was acknowledged before me this 24th day of January 20 19 , by Louis J. Gaudio as Vice President of Quality''Enternrises QSA Inc„ a Virginia corporation, on behalf of the corporation. Helshe is personally known to me or has produced 'NIA — KnoraiiL - i ntilica i n did (divot) take an oath. My Commission Expires; 2/11/22 (Signature of Notary) NAMEt Marcie L. Cohen OFFIWW=11,2022 * },i W COMMIS Bondod ThN No (Legibly Printed) Notary Public, State of Florida 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 E,X)r)"fBIT 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, requiro similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors find shall require each of them to include similar waivers in their contracts, Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The Gencral 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 Bolder shall he 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 roust 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 ordeductibles 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 he 'Vendor's sole responsibility. CoverageW 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 canter shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the fuLl extent permitted under such policy. Should at any time ilia Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall he authorized to purchase such coverage(.LI and charge the Vendor for such coverageLd 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 purohase such insurance, nor shall it be responsible for the coverage( purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage( 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 shal I 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 certificatc(s) shall be considered justification for the County to terminate any and all contracts. its COMP County Administrable Services Departrnent Procurement 5ervicesDivision . FORM 9 - CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity —The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above-mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Quality Enterprises USA, Inc. Signature and Date: ��--— 1/24/19 Print Name: Louis J Gaudio, Title of Signatory: Vice Presiapnr Ccs M -r CnUmy AdmirG[shative 5ervlcas l]apartm�nt Procurement SAMcm DivTe7m FORM 14 - VENDOR M- CLARATION STATEMENT' BOARD OF COUNTY COMMISSIONERS Collier County Govemrnrnt Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship bctwecn the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if nwarded a contract for these goods and/or services, the vendor will not he eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated with work that Is a result of tWs awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this —24±04Y of.j;Lnualy .201,2 in the County of Collier , in the State of Florida Firm's Legal Name; Qualitj Entre S Address: 3494 Shearwater Street City, State, Zip Code: Na les Florida 341178414 Florida Certificate of F95000002550 Authority Document Dumber Federal Tax 54-0.94.7002 Identification Number *CCR # or CAGE Code OXMZ7 *Only if Grant Funded Tolephone: 239-435-2200 Signature by: (Typed and written) Louis J. Gaudio Title; Vfgg President 9 Additional Contact Information Send payments to: (required if different from Company name used as payed above) Contact name: Title: Address: City, State, ZIP Telephone: Email; Office servicing Collier County to pincc orders (required if different from above) Contact name; Title; Address: City, State, ZIP Telephone: Email: Secondary Contact for this Solicitation: Email; Phone: 9 Copier C074"ty AdmirlmtratNeSenrices Department Procurement $Mtge UvWog FORM 11-1mm1GRAnoNAffIDAV1T CERTwICATION This Affi(iavit is required and should be signed, notatlzed by an authorized principal of the Firm and submitted with formal solicitation submittals. Furlher, Vendors are required to enroll in tiro R -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profiie page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit gild peceptable evidence of enrollment in the E -Verify prograindeem the VendQr'l Provosal as re�egnsiye. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, ootrstituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof ofearollment 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 proposal. Company Name Quality Enzmriaes USA. Inc. print Name Lo ' is J. G4ndio Titlejjee President Signature mate 1/24/19 State of Fjorida County of _ coj l i or The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required horein, the troth and accuracy of this affidavit to interrogatories hereinatler made. Commission No.: GG 152066 ILV�w - YJA�2== N ..............MARCIE L. COHEN MY COMMISSION k GG 152066 EXPIRES: February 11, 2022 Bonded ThrU No Puh IWFIduremlere coi`er c01Hty Pdminlstrarrve Services Departrnenl Pro=rernwt Services DWmr on FORM 12 —VENDOR SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Quality Enterprises USAF Inc (as shown on income tax return) Business Name (if different from taxpayer name) Address 3494 Shearwater Street City Naples State Florida Zip 34117-8414 Telephone 239-435-7200 Email J•QAUDIO@QEUSA. COM Order Information M1 M14 Remit /Payment Information EMON Address 3494 Shearwater Street I Address 3494 Shearwater Street City Naples State FL Zip 34117— City Naples State Florida Zip 34117-8414 8414 Email LGAUDIO@QEUSA. COM Email ELITTLETON@QEUSA COM 2. Company Status (check only one) Individual / Sole Proprietor Corporation _Partnership _Tax Exempt (Federal income tax-exempt entityP(D�=Zisregardcd ited Liability Company under Internal Revenue Service guidelines IRC Enter the tax classification 501 (c) 3) 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). Sign and Date Form: Certification: Underpenalties of perjury,I certify that the information shown on this form is correct to my knowledge Signature Date 1/24119 Louis J. Gaudio Title Vice President Phone Number 239-435-7200 ■ q 7tsY ' •1•".ac".., `�OW, A.`7 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. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: 1. Construction bid instructions form 2. Construction services agreement 3. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: 1. Bid Form (Form 1) 10. Vendor Declaration Statement (Form 10) 2. Contractors Key Personnel (Form 2) 11. Immigration Law Affidavit Certification 3. Material Manufacturers (Form 3) (Form 11) 4. List of Major Subcontractors (Form 4) 12. Vendor Substitute W-9 (Form 12) 5, Statement of Experience (Form 5) 13. Bidders Checklist (Form 13 - this form) 6. Trench Safety Act (Form 6) 14. Business tax Receipt (Collier County 7. Bid Bond Form (Form 7) Businesses Only) 8. Insurance and Bonding Requirements (Form 8) 15. Signed Grants Provisions Package (if 9. Conflict of Interest Affidavit (Form 9) applicable 9. Copies of required information have been attached 1. Company's E -Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses - valid and current (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 10. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been submitted. 11, Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no later than the specified openingdate and time, otherwise the Bid cannot be considered. Quality Enterprises USA, Inc. Bidder Name ��-'-"" 1/24/19 (&igrrdt re &Title Date Louis J. Gaudio Vice President CAO Detail by Entity Name r=loride D-Raftrt e�?t of Slate Oeoartment cf StatE / Dwis�or?,oC Corp,�at ons / Search Records / Detail 8v oocgment NumbeL / Detail by Entity Name Foreign Profit Corporation QUALITY ENTERPRISES USA, INC. Filing Information Document Number F95000002550 FEI/EIN Number 54-0947002 Date Filed 05/25/1995 State VA Status ACTIVE Principal Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Mailing Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 12/04/2017 Address Changed: 12/04/2017 Officer/Director Detail Name & Address Title PD MURRELL, HOWARD JJR. 3494 Shearwater Street NAPLES, FL 34117-8414 Title ST MURRELL, STACEY Page 1 of 3 ■ http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/29/2019 Detail by Entity Name 3494 Shearwater Street NAPLES, FL 34117-8414 Title Officer / Assistant Secretary Murrell, Allison B 3494 Shearwater Street NAPLES, FL 34117-8414 Title VP Gaudio, Louis J 3494 SHEARWATER STREET NAPLES, FL 34117 Title Corporate Officer Murrell, III, Howard J 3494 SHEARWATER STREET NAPLES, FL 34117 Title Corporate Officer Murrell, Rachel S 3494 SHEARWATER STREET NAPLES, FL 34117 Annual Reports View imareinPOFformal Report Year Filed Date 2018 01/24/2018 2019 01/07/2019 2019 02/11/2019 Documentlmages 02111/20'9 --AMENDED ANNUAL REPORT View imareinPOFformal 01/07120'9 -- ANNUAL REPORT View image in PDF format 0112<1120-!8 -- ANNUAL REPORT View image in PDF format 1210412017 -- Req. 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RC PI5CZ7 Sd1�:ICLS�It]IYI�i��...13�_'t5)�C �!t , - hUVLREPORT ' kr PORI - 91(1=005 -ANNUAL RE PORT Q I l29l26114 -- ANNUAI , REPORT 1)7.19812608 - ANN AI, RWi OIRT 2kLl,wt S , -- t1r±SL6.�.&:M Gd16:i12061�- ANNIMI,.REV- ON28120DU--±rjML1ZU-QRT 0113011 t9 -ANNUAL REPORT 311 E 98 - ANNUAI. I3Vfljn-A j QQ 111997 - 6NNi161.RUPORT 115161 n998 •• ANN1�Al. REPORT vi8vl linage In PhF larnt�t Vtmv ung❑ �n PRF fomrel V IO\1 image in F'L1t r[rnnnl 0 tow d St.t., fU{Iildri Of U -to -61,01 Page 3 of 3 9 http://search.sunbiz.orglinquiiylCorporationScairchIScarchResultDetail?inquiiytype=Entity... 3/20/2019 EraploycrWimrd employmaht 010111ty voiEtti, j lilame, I Company Information PAY c Gs Now Case View COS66 My Profild EO,Profile Chan $ PA&WOrd My.Company Edh Company Profile Md glow Ugar Vte.W Exl.sltfmUsem Cfo�e b6nipany Account my Rev6Kb View ft"Ods My. Re3aurevs Vlow EAOMW Rosourpe,s Tae-ruiodw jwwaviv manusi �Oritad U'j EILtEN L.IMMN EUT6.081 Company Name; QUALITY ENTERP'RISE'S USA, INC Company 11) NOmbort 2M219 I]oIhg.BusInm.A* DUNS N.umbgr:, Phy�fcal I:nmUon: Mallin'15 9 Addres.: AddroVs 1: 208 TINTfRN CT A(14jros. I., Addrus"s 2t Address 2. City: CHESAPEAKE City. - VA State: Zip Godo., 23320 Zip Coft County; CHESAPEAKECITY Additional InforMflora Empl.gypi"Idontific;pV06 NuMbge: 64094700,2 Total Numbar ciffffi.play600.1 I QO th.40,0 Administrator. dUALITY ENTERPR16BS U8A INC OrganizqtIon OWgntiVi5n. [Imploy'ar NAICS Code:- bil - &tOIALTY TRADE CONTRACTORS (COAG llttpS:/,/O-verity.USCia.goV/eMP/EMPIOYPrWi7i4t�l.'OSPX State of Florida Department of State I certify froin 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. X £timber certify that said corporation has paid all fees due this office through December 31, 2019, that its most reront annual report/uniform business report was filed on January 7, 2019, and that 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, sire Capital, this the Seventh fay of Jalivaly, 2019 .'i NYU Secretaryof r r Trncklag Number: 2673705375CC To authenticate this (ertlficote,vislt the fallowing site,euter this number, and (hen fallow the instructions displayed. littps:ltservlees,sunblz.org/FilhigslCertiflcateOMgitusXerHfienteAuthentication 0 �'' � { �✓i;"��'..-i�"�' �ter} '�`_� i,{i,. i;a �.�t2 � f- .� ti�� -�,V�� iq�+)� it{\�,yjjr `v-;.. +�?.` y'4�: ��`tii��r' S.�' y `�{a�y '� ' �� ",�t}3 i' �•J'• E ',h j/ P%+�f) Z�('1. �^, 1'� 'a... �� .y ~1y r p'�yy � �lY. p� '� �;��. 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Nf.`\:w. ,� `l .'°r,.�'.. ` CO[I¢ LOCATION: 494 SHE \WATER S \ \ d»2? 7 (§2SZA : ƒ / <B\NSAN/4 ƒ7 6 § < #fes dy: «..».. % G Q fcl # C :2� Mouƒ222<j «<2 yy \\\ ƒE T \ 0--1 { .: > , � :\ƒ \LA zo n@mF . . ,e7yx y,l EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Paul Moriarty Matt Casey Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: Revised 072118 ■ EXHIBIT B-1: PUBLIC PAYMENT BOND 19-7519 Bond No. 9315368 Contract No. 19-7519 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit company of Maryland as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (BUSIneSS Address) are held and firmly bound to Board of County Commissioners, Collier County, FL as Obligee in the sum of Four Hundred Ten Thousand, Three Hundred Thirty Seven and 301100 ($ 410.337.30 _) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 1 with Obligee for Vanderbilt Beach Rd (CR 862) Bike Lanes Improvement Project in Naples. FL 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 of fect 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 22nd day of April 2019 , the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. 11 Construction Services Agreement: Revised 072118 9 Signed, sealed and delivered in the presence of: ( 'MRIOAty'� - Ma Narita egro Witnesses as to F&Acipal Maritza Lora STATE OF Florida COUNTY OF collier PRINCIPAL Quality Enterprises USA, Inc. BY: NAME: T viii S J. GaLdio ITS: �1��Presidentt The foregoing instrument was acknowledged before me this _22.d,day of April 20 19, by Louis s J Gaudio as Vice President of 4iia1-it-v Enterprises USA, Inc_, a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced NIA—Known as identification and did (did not) take an oath, My Commission Expires: 2/11/22 MARCIE L. COHEN *: MY COMMISSION ii' GG 152066 'f EXPIRES: February 11, 2022 ''•FOF;F°,' Bonded Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety Mao �2 (Signature of Notary) NAME: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: GG 152066 SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 12 Construction Services Agreement: Revised 072118 GA O ✓� 17a Wlt SSes Daniel J. rygo STATE OF COUNTY OF Virginia Virginia Beach Fidelity and Deposit Company of Maryland OR ^^ II As Attorney in Fact (Attach Power of Attorney) Tammy A. Ward (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 804-287-1167 (Telephone Number) The foregoing instrument was acknowledged before me this 22nd day of April , 2019 by Tammy A. Ward _, as Attorney -in -Fact Of Fidelity and Deposit Company of Mayland Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: September 30, 2022 (Signature) Name: Terri K. Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) iERRI K STRAWHAND Notary Public Commonweafth of Virginia Reg. # 247448 My Commission Expires 9130/2022 Notary Public, State of: Virginia Commission No.: 247448 13 Construction Services Agreement: Revised 072118 CAO EXHIBIT B-2: PUBLIC PERFORMANCE BOND 19-7519 Bond No. 9315368 Contract No. 19-7519 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, Schaumburg IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners, Collier County, FL _, as Obligee In the sum of Four Hundred Ten Thousand, Three Hundred Thirty Seven and 30/100•- ($_410.337.30 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 P with Obligee for Vanderbilt Beach Rd (CR 862) Bike Lanes Improvement Proiart in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not of feet Sureties obligation under this B ond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 22nd day of April , 2019 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 14 Construction Services Agreement: Revised 072118 9 Signed, sealed and delivered in the presence of: Mar ri Mq on Witnesses as to incipal Maritza Lora STATE OF Florida COUNTY OF coi l i Pr PRINCIPAL Quality Enterprises USA, Inc. BY: NAME: Louis J. Gaudio ITS: Vires Prasident The foregoing instrument was acknowledged before me this22nd day of April , 2019 by Louis J. Gaudio I as Vice President of Qiiality FntPrI ri CPR 110-A Inc a Virginia corporation, on behalf of the corporation, He/she is personally known to me OR has produced N/A – Known — as identification and did (did not) take an oath. My Commission Expires: 2/11/22 MARCIE L. COHEN MY COMMISSION # GG 152066 'o EXPIRES: February 11, 2022 �•, ,, ftded Thru rotary Public Unaerwrnora (AFFIX OFFICIAL SEAL) iu_ (Signature) Name: Marri P L. Cnhpn (Legibly Printed) Notary Public, State of: Florida Commission No.: GG 152066 15 Construction Services Agreement; Revised 072118 t) ATTEST: Witnesses as to Surety '/'-, —�/& 4, Wlt esseS Daniei J. Gryg STATE OF Virginia COUNTY OF Virginia Beach SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Fidelity -and Deposit Company of Maryland As Attorney in Fact' (Attach Power of Attorney) Tammy A. Ward (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 804-287-1167 (Telephone Number) The foregoing instrument was acknowledged before me this 22ndday of April 2019 , by Tammy A. Ward 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 as i dentificatipq and who d'd d1 not) t e an ath. My Commission Expires: September 30, 2022 11 �(/ t� (Signature) (AFFIX OFFICIAL SEAL) TERRI K STRAWHAND Notary Public Commonwealth of Virginia Reg. # 247448 My Commission Expires 9130/2022 Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of: Virginia Commission No.: September 30, 2022 16 Construction Services Agreement: Revised 072118 Bond Number 9315368 Obligee c �u,a..m„«,.nar.,c„�i.. Fk,,,d. 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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 Tammy A. Ward , 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 24th day of January, A.D. 2019. By: Robert D. Murray Vice President ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Dawn E. Brown Secretary u,6 to ,r r State of Maryland County of Baltimore On this 24th day of January, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, 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. Ca-�ruc�Q.,,J Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 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 Attorney ... 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. fN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of April , 2019 . foeIr SEAL e)`7 Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor 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 Contractor 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 Contractor waive against each other and the County's separate Contractors, 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 Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor 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 Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor 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 Contractor'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 Contractor 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 Contractor. The Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 072118 I, 0 Should at any time the Contractor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. If Contractor 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 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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 com pletion of the scope of work, the Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: Revised 072118 1. ® Worker's Compensation Collier County Florida Insurance and Bonding Requirements Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government 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 $_1,000,000_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 shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the ContractorNendor in the performance of this Agreement. 5. ® Automobile Liability $^1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ 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 & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 19 Construction Services Agreement: Revised 072118 OAQ 7. ® 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. 8. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed contract Payment Bonds 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. 9. ® 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. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® 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. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. 10/19/18 - CC 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. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm Quality Enterprises USA, Inc. Date 1124119 Vendor Signature Print Name Insurance Agency Louis J. Gaudio, Vice President Rutherfoord Agent Name Herb Moss or Heather Garrett Telephone Number 757-456-0577 20 Construction Services Agreement: Revised 072118 GAO 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 $ to be received, ("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 .20L__for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (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, shall be fully satisfied and paid upon Owner's payment to Contractor_ (3) 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, (G) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: Witness ITS: President DATE: Witness STATE OF COUNTY OF [Corporate Seal] The foregoing instrument was acknowledged before me this _ day of 2p , by , as of a corporation, on behalf of the corporation. Helshe Is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) (NAME: (Legibly Printed) Notary Publle, State of Commissioner No.: 21 Construction Services Agreement: Revlsed 07211 a C'A �? EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Ca«ler County Water -Sewer Owner's Project Mans er's Name; Bid No. County's Division Name Pro ect No. Submitted by Contractor Representative: Name Application Date; Contractor's Name & Address: Payment Application No. Original Contract Time: Original Contract Price: Revised Contract Time: Total Change Orders to Date, $ Revised Contract Amount: $ Total Value of Work Completed & Stored to Date: $ Retainage 10% through [Insert Date] $ Retainage @ 10% through ]Insert date] $ Retainage @ % after Insert date $ Less Retainage $ Total Earned Less Retains e $ $ Less previous payment(s)_ Percent Work Completed to Date: Percent Contract Time Completed to Date: % % $ AMOUNT DUE THIS APPLICATION: Liquidated Damages to Be Accrued Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of paymentfree 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. 22 Construction Services Agreement: Revised 072116 CA O EXHIBIT D (Continued) SCHEDULE OF VALUES MroieU Nome. Pmiert Number ffiIn Pr clad To: ` EKplanation for the two columns under Previous Applications: The Thru Date iswhere you will place all Information uMll the contract Is complete unless a releaseor redurttonof retainage ISSuo em Intoplay, If this happens, all Information uptothedate ofthe% change inretainageIsPlaced Inthe ThruDate COlulnn, Information after thatcate Isplaced Inthe Since Date column. Thisstates what hashappened since the Change In retainage. 23 Constructlon Services Agreement: Revlsed 1772118 Call(} Exhibit D (Continued) Stored Materials Record Formula: A+B-C-D=E A 8 C D IE Invoice Previously Received Previously Installed Balance To Date Description Supplier Number Received This Period Installed This Period Install 24 Construction Services Agreement: Revised 072118 �� EXHIBIT : CHANGE ORDER An electronic data entry form may be found at: htt :1lbccs 01/SiteDirecto IASD1Purchasin /Forms1/Forms1Qefault.as x Change Order farm Contract#: Changeir:� purchaseCrderY: Pro]ectlt:� ContractonFirm Name: Project Name: project Manager tiamt Department: Cri lnal Controct*crk Order Amount OriglnoI8CC Approval Dela, Agenda I om# Currea BCC AcorovedAmount __ Last 8CC A=Dval pate: Agenda Item# Current CentacUW or'i Order Amount SAP CcrVaetExp!reticn Date ll xter� Doitar Anwuntaf thls Change oDiwo! Tots ICh3nge from Or 1,,1insIAn-4unt ReA5ed Ccntraet'•W CA Order TWO 5 0.g0 *DIM011 Change from Current UCC Apprcled Anwunl Cumulatil: hu nV65 a in.aal I 401VI)II Chan @fromCr,crrnlAmount Completion Date, Description of the Task[sl Change, and Rationale for tht Change Notice to proCeOriginal= Last Approved � Revised Date Date Completion bat Date Il�rk°snacnesgxr iefDaycAdded Select Tasks rl Add nowtask[s} O I]eletetask(s) C3 Changatask[s] ❑ 0thar✓se3W*•r•I Provide a raspanseto the followlna: t.} datailed and specific explan@tionirationale of the requestedchange(s) to tht task(*} and l or the addltional days added (if requested); 2,1 why this change was nottnoluded in the original contract; and, 3.j describe the impact it thlc rhanne is not oracessed- Altach addittonat informalion front ibt Des't]n Professional andlor Corommor d nee1ed, Prepared by: Dale: �- (FIrvjni Idarager Name and ep9nmtm) A4cop;ancaofihisChsr,•aeDreers 3IIcansruuttamolftalisntocoptrsstlwork orderktentirradabove and will liesrl )Ki toaIItlwmaple terms and condalany d9 contained in IheCont racl Iwork order indicale7 3bove, as fall as 0 the a3mewere 5t3ted in thio aCUept9f4e Tho arjwomant. ilany, rott•e Contract shall consthutea full 3Rd final eattfemrnl of 311y and 311 Claims of the Canvactari vendor! Cars 031111 Daiyn Profensicmal a ris in; out of or rell to the chango set idnh herain, including tail tot im pad and delay costa, Accepted try'. 03Ie•, ( prirattor, L+orAar7 tlniurlsnl! Dr~sian rofessipn3iprp rJame itm prn}tscrappl4CahN) Approved by: Dart: (De5i7n r essiona an ameo irm, praleC136p143trlt) Approved by'. Date: rvCurameM Professional --. --... .. -- , � 1.J12!r_eu3t. 255 Construction Services Agreement: Revised 072118 A 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: IF. 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 Compietion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Serviges Agreement: Revised 072118 Ot 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 By Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title ,20 OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 27 Canstruclion Services Agreement: Revised 072118 CA[� EXHIBIT G: FINAL PAYMENT CHECKLIST B3 d 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 28 Construction Services Agreement, Revised 072118 �A{� 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 Parks 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) 28 Construction Services Agreement, Revised 072118 �A{� EXHIBIT H. GENERAL TERMS AND CONDITIONS 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 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. 29 Construction Services Agreement: Revised 072118 r Ar) 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 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 30 Construction Services Agreement: Revised 072118 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. 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 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit 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 Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 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 31 Construction Services Agreement: Revised 072118 OCAQ I-_ 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 procurement ordinance and policies. 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 bilis that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4,9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set Forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISAWASTER 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 32 Conswuction 5ervicos Agreement: Revised 472115 CA 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 Docum ents by Contractor_ 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non -liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 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 Procurement Services Division 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, 33 Construction Services Agreement: Revised 072110 CA 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 farm as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7,2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7,3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shalt 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 34 Construction Services Agreement: Revised 07211 B record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED A5-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 35 Ca Construction Services Agreemenl: Revised 072118 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As -Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As -Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with specifically those contractual requirements in 119.0701(2)(a) -(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 36 Construction Services Agreement: Revised 072118 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 Lander this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10, CHANGES IN THE WORK. 10,1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as 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 P 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 OAO 37 Construction Services Agreement: Revised 072118 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 to 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. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies 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. 38 t k Construction Services Agreement: Revised 072118 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own tortes, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13, INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendorlConsultant shall defend, 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 ContractorNendorlConsultant or anyone employed or utilized by the Contractor/Vendor/Consultant i n 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-3 to the Agreement. 38 ra.An Construclion Services AgruWerkt Revised 072118 Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.E 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, eqJ 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 Contractors/ 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 Contractor'slbidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Contractors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Contractor does not comply with providing both the acce table E-Verify evidence and the executed affidavit the bidder's I Contractor's proposal may be deemed non- responsive. CA 40 Construction Services Agreement; Revised OT2116 Additionally, Contractors shall require all subcontracted Contractors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs. oa v1E-Veri . It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor 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 1988 as located at 8 U.S.C. 1324, et sea. 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 a nd 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, Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. CAQ 41 Construction Ser0ces Agreement: Revised 072118 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, 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. 42 Construction Services Agreement: Revised (}72118 CA 18,5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor_ In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19,2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 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 43 CAQ Conslructlon Services Agreomenl: Revised 072118 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. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 29,2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance. Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable unti I 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 material men supplying materials, equipment or fixtures to be incorporated into the Project, Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair, Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense, These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 4 0�AQ Construction $ervices Agreement: Revised 072118 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner, 22, TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23, DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct ali 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 45 CA ConsirueUon Services Agreement: Revised 072118 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. 23A Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action. Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere, Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services AgreemelnL Revised 1772119 r'A 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 prier 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 A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such Identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner_ 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 `Contractor shall 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. 47 Cdnstrvotion Services Agreement: Revised 072'118 ED 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement: Revised 072118 C0 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner Facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for payment, and to establish a working understanding among the parties as to the Work. during the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement: ReVlsed 072119 C� Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon corn pletionitermMation of this Agreement, 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference, Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at eolliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MDT 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 10 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 shail 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 50 Construction ServlCss Agreemeni: Revised 072118 CAC the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 072118 ��® 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. 33.5 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shalt provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 in the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33,6 into their sub -subcontracts and purchase orders. 33,6,4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 52 Construction Servlce5 Agreement: ReOsed 072118 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 Perm its 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 34.1.25 Monthly Progress Reports 34.1.27 Correspondence Files 34.1,28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, Board", up to two (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. The Contractor is required to comply with County Ordinance 200452, as amended. Background checks are valid for five (5) years and the Contractor shall be re sponsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County 53 Constructlon ServiC93 Agreement: Revised 072118 A 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(abcolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 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. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 072118 D] 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction an all such matters, 55 Construction Services Agreement: Revised 072118 Eat EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "Attached hereto, fallowing this page" 56 Construction Services Agreement: Revised 072118 19 -757.9 -Vanderbilt Beach Rd (CR 862) Bike Lanes FINANCIAL PROJECT 10 435118-1-58-01 Exhibit I — Supplemental Terms and Conditions Grantor amendments to Construction Services Agreement In accordance with Grantor review and response of Bid Documents, and per FDOT - Local Agency program Manual, Chapter 21— Construction Advertising and Award, incorporated herein by reference, the following edits/revisions apply to the Collier County On-line Bid Template document titled "Construction Bid Instructions Form" only as applicable to the above referenced project: GRANTOR REQUIRED REVISIONS TO CONSTRUCTION IIID INSTRUCTIONS FORM DOCUMENT rev 06-04-18 4. RIGHT TO REJECT BIOS "rhe Owner reserves the right to reject any and all Rids or to waive informalities ami- egetiate with (lie appes-eH -reasons. H. BID QUANTITIES 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only, Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities, Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid, GRANTOR REQUIRED REVISIONS TO CONSTRUCTION SERVICES AGREEMENT (rev 47.21.18) Exhibit H -- General Terms and Conditions 4. PROGRESS PAYMENTS 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 fA"efeent seven - five nercent (75%)) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 10. CHANGES IN THE WORK 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 d; - result of the change.) i n.oi ti .,, ...i .... .. 1 everhead and'-ppi-e-P-1. In -lie event SE1014 ehe!lse Work is perfei-med by a Stibeontmelev, a maximum fem pereen�(1094 et4ual equipment eaqts shall e permitted, w44e-maxiinurn five peFoefit- (69A) madcup thereeR-by tke Gantmeted- fel .,t (I 5941p n it atien due Conti - Be .. . subject to limitations Markup and terms as defined in specification section 4-3.2.1Allowable casts for Extra Work and 4-3.2.2 Subcontracted Work Under Paragraph 10, Add Paragraph 10.8: 10.8. All change orders will require review and approval by FDOT 11. CLAIMS AND DISPUTES. 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 Contractar shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen {}} ten10 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. 14, COMPLIANCE WITH LAWS 14.3 (DELETE EXCEPT10NS TO TIIE PROGR,4MLANGUAGE) GRANTOR REQUIRED RE,VISIONS TO CONSTRUCTION BID DOCUMENT FORMS FORM 3 - MATERIALS MANUFACTURERS Form 3 is excluded from this contract EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL HIGHWAY ADMINISTRATION — CFDA 20.205 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub -agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower -tier subcontractor or service provider. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL CONTRACT PROVISIONS AND ASSURANCES The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government (Agency) for the purpose of this engagement only. Bonding Upon award, furnish to the Agency, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Agency. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Agency, and has the Agency's approval. Ensure that the surety's resident agent's name, address and telephone number is clearly stated on the face of the Contract Bond. Buy America and Foreign Contractor and Supplier Restriction Source of Supply - Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres-stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. Certification of Current Capacity The contractor must certify that he/she has the financial capacity to complete the project. Change in the Work (Change Orders) See Exhibit H: General Terms and Conditions: Section 10; Changes in the Work, Article 10.2 Change Order. Claims and Disputes See Exhibit H: General Terms and Conditions: Section 11; Claims and Disputes Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. Legal Requirements and Responsibility to the Public Disadvantaged Business Enterprise Program (REV 10-23-12) (FA 11-15-12) (7-13) 7-24 Disadvantaged Business Enterprise Program. 7-24.1 [removed per strike outs] 01 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the Contractor from future bidding as non -responsible." 7-24.3 [removed per strike outs] 7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre -Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration, 7-24.5 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. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department -assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. 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. 4. 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. 0 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. 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. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. 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. 9. 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. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. 7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 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: a. Conduct periodic inspections of project sites to ensure that working conditions and employee EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES facilities do not indicate discriminatory treatment of project site personnel. b. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. c. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence, if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. d. Investigate all complaints of alleged discrimination made in connection with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation, inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: a. The number of minority and non -minority group members employed in each work classification on the project. b. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole, or in part, on unions as a source of their work force). c. The progress and efforts being made in locating, hiring, training qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. d. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Federal Highway Administration. Upon request, submit to the Department a report of the number of minority and non -minority group employees currently engaged in each work classification required by this Contract work. Equipment Rental Rates For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by_Machinery Information Division of PRIMEDIA information, Inc. (version current at the time of bid), using all instructions and adjustment contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: a. Allowable Hourly Equipment Rate= Monthly Rate/176 x Adjustment Factors x 100%, b. Allowable Hourly Operating Cost= Hourly Operating Cost x 100%. c. Allowable Rate per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. d. Standby Rate = Allowable Hourly Equipment Rate x 50%. N EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Monthly Rate is the Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight hours or more. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. Incentive/Disincentive Clauses (Project Specific) Provision excluded from this contract. E -Verify The Contractor shall utilize the U.S. Department of Homeland Security's EVerify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 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 FHWA FORM 1273 The FHWA 1273 Electronic Version, dated May 1, 2012 is posted on the Department's website at the following URL address: http://www fdot gov/programmanagement/Implemented/URLinSpecs/files/FHWAl273.p df Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a), include gender and race in the weekly annotated payroll records. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414-4101. FHWA Form 1273 appears in its entirety at the end of this Exhibit. Foreign Contractor and Supplier Proposal may not limit this project to domestic -owned contractors only. Indian Preference On Federal -aid Proiects (Labor & Employment) Provision excluded from this contract. Liquidated Damages See Construction Agreement: Section 5B - Liquidated Damages in General Local Preference Provision excluded from this contract. Award and Execution of Contract (Method of Bidding) See General Bid Instructions - Section 12 Award of Contract, Article, 12.2 Statement of Award EXHIBIT I; SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Non -Collusion Certification See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances, 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 of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it 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. Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post -P reconstruction 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 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required $2,000,000 or less 0 Over $2,000,000 to $4,000,000 2 Over $4,000,000 to $6,000,000 3 Over $6,000,000 to $12,000,000 5 Over $12,000,000 to $18,000,000 7 Over $18,000,000 to $24,000,000 9 Over $24,000,000 to $31,000,000 12 Over $31,000,000 to $37,000,000 13 Over $37,000,000 to $43,000,000 14 Over $43,000,000 to $49,000,000 15 Over $49,000,000 to $55,000,000 16 Over $55,000,000 to $62,000,000 17 Over $62,000,000 to $68,000,000 18 Over $68,000,000 to $74,000,000 19 Over $74,000,000 to $81,000,000 20 Over $81,000,000 to $87,000,000 21 Over $87,000,000 to $93,000,000 22 Over $93,000,000 to $99,000,000 23 Over $99,000,000 to $105,000,000 24 Over $105,000,000 to $112,000,000 25 Over $112,000,000 to $118,000,000 26 Over $118,000,000 to $124,000,000 27 Over $124,000,000 to $130,000,000 28 Over $130,000,000 to * *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 Department's District Contract Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction is EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 any of 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 in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary Termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. 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. 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 and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On -The -Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. 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 the On -The -Job training Program, 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 a 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 it 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 they have successfully completed a training course leading to journeyman status or have been employed as a journeyman. The Contractor may 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 as established at the Post -P reconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a 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: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. E EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of 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 a 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 lower level management positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classifications, except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. 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. 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. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they 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 actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall 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 proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and Timekeeper classifications will not be approved for the On -The -Job Training Program. The number of is EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. Owner Force Account/Cost-Effective Justification Provision excluded from this contract. Patented/Proprietary Materials The Owner certifies that neither patented nor proprietary material are required or specifically named in the specifications to be used for this project. Prequalification A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must be certified by the Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Department of Transportation as qualified shall be declared "IRREGULAR" and will be REJECTED. Prevailing Minimum Wage (Unless Exempted by the Florida Department of Transportation) Be familiar with the reference, "Legal Requirements and Responsibility to the Public - Wage Rates For Federal—Aid Projects, revised (01/2014). For LAP construction contracts, payment of predetermined minimum wages applies. This requirement may be exempted on a case by case basis upon review and approval from the Florida Department of Transportation State Wage Compliance Office. If this requirement is exempted, it will be stated as such at the beginning of the solicitation documentation. The U.S. Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision Number(s) 01/04/2019=FL163, as modified up through ten days prior to the opening of bids. This Wage Rate Decision appears in its entirety at the end of this Exhibit if applicable. Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. When needed, request additional classifications through the Engineer's Office. For guidance on requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Wage Rate Coordinator, at (850) 414-4492, if the Department's website cannot be accessed or there are questions. Progress Payments See Exhibit H: General Terms and Conditions — Section 4; Progress Payments, Prohibition against Convict Produced Materials Source of Supply -Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department E EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: a. Materials produced by convicts on parole, supervised release, or probation from a prison; or b. Materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with, or bid on, construction projects against the private sector. Publicly -Owned Equipment The County does not allow Contractors the use of publicly owned equipment. Salvage Credits Provision excluded from this contract. Standardized Changes Conditions Contract Clauses Differing site conditions: 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. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. III. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. IV. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer: I. If the performance of all, or any portion, of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer, in writing, a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. II. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for, or against, the contractor in such amount as the engineer may determine to be fair and equitable. III. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. IV. The term "significant change" shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. State Produced Materials (Florida or other Provision is excluded from this contract. State/Local Owned/Furnished/Designated Materials Provisions are excluded from this contract. All materials required for this project shall be furnished by the contractor. Projects located on the National Highway System shall require FHWA approval for direct purchase of materials. Subcontracting FHWA 1273 requires the prime contractor to perform 30% of work on Federal -aid roadways. See Exhibit H: General Terms and Conditions — Section 33; Subcontracts Termination of Contract See Exhibit H: General Terms and Conditions Section 18; Termination for Default E EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Section 19; Termination for Convenience and Right of Suspension Time Extensions See Exhibit H: General Terms and Conditions — Section 9; Contract Times and Time Extensions Warranty See Exhibit H: General Terms and Conditions — Section 21; Warranty Compliance with Federal Endangered Species Act and other Wildlife Contract/Bid must include references to the FDOT's Division 1 Standard Specifications for Local Agencies to ensure compliance of the Contractor's proposed staging/storage area with the Endangered Species Act, Section 4F and Section 106 of the Code of Federal Regulations. Required Sections 7-1.4 and 7-1.8 of FDOT's Division 1 Standard Specification that are included in FDOT's Division 1 specification package for Local Agencies on the FDOT Specs on the Web page. Those Specs are detailed below. 7-1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations: The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department's investigation determines that there is a potential impact to a protected, threatened or an endangered species, the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and/or special conditions are necessary, these measures and conditions will be addressed on the plans or in permits as identified in 7-2.1. In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries, the Department has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project. These guidelines are posted at the following URL address: http://www.fdot.gov/programmanagement/Implemented/URLinSpecs/files/endangeredwiidlifeguidelines.p df Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off -project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, section, county, and city, a site location map including the access route, the name of the property owner, and a person to contact to arrange a site inspection. Provide this notification sufficiently in advance of planned commencement of the off-site activity, to allow a reasonable period of time for the Engineer to conduct an investigation without delaying job progress. Do not perform any off -project activity without obtaining written clearance from the Engineer. In the event the Department's investigation determines a potential impact to a protected, threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation, associated with Contractor initiated off -project activities. 7-1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f) of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. 0 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Before undertaking any off -project activity associated with any federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation area, wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources Survey discussed in 120-6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off-site activity, the Financial Project ID, the location of the site by township, range, section, a county or city map showing the site location and including the access route and the name of the property. It is the Contractor's responsibility to provide justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Provide this notification sufficiently in advance of planned commencement of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off -project activity without obtaining written clearance from the Engineer Title VI Requirements The Sub -recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. During the performance of 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 shall 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 shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors. This includes obtaining materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives. He/she shall also permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Collier County and the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, Collier County will impose contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate. 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. Incorporation of Provisions: The contractor shall 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 shall take action on any subcontract or procurement that Collier County or the Florida Department of Transportation, the County or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration directs in order to enforce provisions including sanctions for non-compliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. THE CONTRACTOR CERTIFIES THE FOLLOWING STATEMENTS: Non -Collusion Provision The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. Lobbying Certification "The undersigned hereby certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -L "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure." ■ EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Suspension and Debarment "The Bidder certifies that, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (d) has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." SignatU Louis J. Gaudio, Vice Presdddnt Printed Name Quality Enterprises USA, Inc. Firm Name EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (REV 10-23-12) (FA 11-15-12) (7-13) Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract Collier County signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate." Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: a. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. b. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day -to- day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. c. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. Anticipated DBE Participation Statement - within 3 business days after the Pre- Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 0 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES a. the procedures adopted to comply with these Specifications; b. the number of subordinated Contracts on Department projects awarded to DBEs; C. the dollar value of the Contracts awarded to DBEs; d. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; e. a description of the general categories of Contracts awarded to DBEs; f. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. On the Anticipated DBE Participation Statement only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Submit a revised Anticipated DBE Participation Statement to reflect changes to the initial Anticipated DBE Participation Statement within 14 business days from the date of the change. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example. a. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. b. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department -assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. c, When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 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. L If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of N EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Prompt Payments: Meet the requirements of 9-5 for payments to all DeE subcontractors. Local Agency Program Agreement Required Language Indemnification: The Agency agrees to include the following indemnification in all contracts with contractors / subcontractors, or consultants / subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of this Contract." Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Prohibited Interest: A) "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." B) "No member or delegate to the Congress of to United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom." Discriminatory Vendors List: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with 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; and may not transact business with any public entity. N EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES FHWA FORM 1273 See following pages for this document. ■ REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. It. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all 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. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under ■ this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall 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." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3. 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 EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are M applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor ■ will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the 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 Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer 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 and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or ■ will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs 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, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 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 for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ■ (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program, Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage 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 approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. N d. Apprentices and Trainees (programs of the U.S, DOT), Apprentices and trainees working under apprenticeship and 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 subject to the requirements of paragraph 4 of this Secllon IV. The straight time hourly wage rates for apprenitces and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program, 6. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR pari 3, which are incorporated by reference In this contract, 6. Subcontracts. The contractor or subcontractor shall Insert Form FHVVA-1273 In any subcontracts and also require the subcontractors to include Form FHWA-1273 In any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 28 CFR 6,5, 7, Contract termination: debarment. A breach of the contract clauses In 29 CFR 6.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 8, Compliance with Davis -Bacon and Related Act requirements. All rulings and Interpretations of the Davis - Bacon and Related Acts contained In 29 CFR parts 1, 3, and 5 Eire herein incorporated by reference In this contract. 9. Disputes concerning labor standards. Disputes arising out of the tabor standards provisions of this contract shall not be subject to the general dlspules clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth in 29 CFR parts b, 6, and 7, Disputes within the meaning of this clause Include disputes been the contractor (or any of its subcontractors) and the contracting agency, the U.S, Department of Labor, or the employees or (heir representatives 10, Cortlfication of eligibility.. a. By entering into this contract, the contractor certifies that neither It (nor he or she) nor any person or firm who has an interest in the contractor's Firm Is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 6.12(x)(1). b. No part of this contract shall be subcontracted to any person or firm inellgible for award of a Government contract by virtue of seotion 3�a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements Is presorlbed In the U.S. Criminal Code, 18 U.S.C. 1001, V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract In an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be Inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4,6. As used In this paragraph, the terms laborers and mechanics Include watchmen and guards. 1. Overtlme requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek In which he or she Is employed on such work to work in excess of forty hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked tri excess of forty hours in such workweek. 2. Violation; Ilablllty for unpaid wages; liquidated damages. In the event of any violation of the clause set forth In paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Such contractor and subcontractor shall be liable to the United Slates (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed In violation of the clause set forth In paragraph (1.) of this section. In the sum of sio for each calendar day on which such Individual was required or permitted to work In excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth In paragraph (I.) of this section. 3. Withholding for unpaid wages and liquidated damages, The FHWA or the contacting agency shall upon Its own action or upon written request of an authorized representative of the 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 other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall Insert 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 subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In paragraphs (1,) through (4,) of this section. GAO VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization 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 designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting 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. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract, 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such 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 contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: ■ "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 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 a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "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 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" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 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, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. N I, Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a 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" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 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, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.ciov/1, which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 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. E 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 contractor to 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 (1 c) 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 (1 c) 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. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. ■ EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS DOL WAGE RATE DECISION (IF APPLICABLE) See following pages for this document. ■ EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES ELECTRONIC PAYROLL SOFTWARE — SPECIAL PROVISION The use of an electronic certified payroll system shall be used to satisfy the requirements of FHWA-1273 Sections IV and V, Statements and Payrolls, as well as the provisions of 23 CFR Subpart A, 635.119, 29 CFR Parts 1, 3, & 5, 48 CFR Part 633, and any requirement related to certified payrolls and statements of compliance, All contractor -incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract. The Contractor may use any software vendor to provide the above, provided the vendor has received prior written approval from the Department's Wage and Hour Coordinator. The Contractor must list the County as a co-owner of the data that is submitted on this project. Approval from FDOT and/or the County requires the software vendor to submit a request that states software to be used meets the following minimum requirements: 1) Software must be web based and commercially available. 2) Vendor must host database and application, and applications must be able to accommodate the required number of employees and Contractors anticipated to be employed or subcontracted under the Agreement. 3) Vendor must provide timely system support and maintenance. 4) Vendor must provide regularly scheduled system backup to ensure no loss of data occurs. 5) Vendor must ensure system help desk is available for use during normal business hours for the Eastern Time Zone. 6) Vendor must provide training to Contractor and Subcontractors on the system. 7) Software must have the ability to export data in a FDOT designated format for submittal by contractor to the County and/or FDOT. 8) Vendor must provide the County and/or FDOT with read access to the contractor's payroll information in the Vendor's system at the County's and/or FDOT's request. 9) Vendor must provide assurance of the confidentiality of all sensitive information to be protected to the full extent of the law. System must be able to produce public reports without name, race/gender, and social security numbers. 10) Software must be able to collect and store all information required by the USDOL Form WH - 347 and the accompanying Statement of Compliance. In addition, it must be able to capture gender and race of each individual employee on the payroll, to meet the FDOT goal for same. The software must be able to calculate and alert user of mathematical errors in column 7 of the above stated form. 11) Software must have an electronically secure means of storing the signature of the contractor's representative to be used on the Statement of Compliance and must have USDOL approval of the process used to secure the signature. 12) Software must have the ability to upload contractor's data from the company's internal payroll software into the labor compliance software and must also be available via internet for use by contractors who don't have internal payroll software and who must enter data manually. 13) Software must have the ability to utilize more than one wage table assigned to a contract, thereby assuring rates paid to workers meet the prescribed rate for the applicable table. 14) Software must have the ability to allow additional classifications (when approved by FDOT and USDOL) to be entered into the system for that particular project. This project does not have FDOT approval to process additional classifications electronically. 15) Software must have the ability to store and cross check with payrolls, the approved USDOL deductions for the contractor. EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES 16) Software must have the ability to alert prime and subcontractors of errors in the weekly certified payroll before the data is passed either from subcontractor to prime contractor or from prime contractor to the County. It must have means of retaining the history of each submitted payroll, for instance where errors are found by the system, returned to the prime or sub for correction, and resubmitted. 17) Automated system must allow for tracking of non-performance work weeks without the need to log onto system during those periods. The system must be able to record when non- performance period begins and then later record when that same nonperformance period ends. During time of non-performance work, contracting firms will not be required to compensate for periods of non-use. 0 Page 1 of 6 General Decision Number: FL190163 01/04/2019 P'L163 Superseded General Decision Number: FL20180206 state: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13656, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davi.9-$aeon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10,60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification con.9idered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 515(0}{1)(ii} (or the EO minimum wage rate, if it is higher than the conformed wage rate). The Ep minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the bavis-flacon Act itself, but it does not apply to contracts subject only to the Davis-Pacon Related Acts, including those set forth at 29 CFR 5.1(0)(2}-(60). Additional ,information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/0412019 k SUFL2013-024 08/19/2013 Rates Fringe.9 CARPENTER, Includes Form Work .... $ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.98 0100 ELECTRICIAN........ ..............$ 21,92 6.60 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine),....$ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Paintiar .........................$ 12,13 0.00 �90 https,//www.wdol.gov/wdol/scaf`iles/davisbacon/FL163.dvb?v-4 1!712019 Page 2 of 6 IRONWORKER, ORNAMENTAL ........... $ 13.48 0.00 IRONWORKER, REINFORCING .......... $ 16.39 0.00 IRONWORKER, STRUCTURAL ........... $ 16.42 0.00 LABORER (Traffic Control Specialist) ......................$ 12.05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 13.89 0.00 LABORER: Common or General ...... $ 11.76 0.00 LABORER: Flagger................$ 11.77 0.00 LABORER: Grade Checker .......... $ 15.88 0.00 LABORER: Landscape & Irrigation .......................$ 11.12 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.93 0.00 LABORER: Pipelayer..............$ 13.63 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 16.55 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 12.88 0.00 OPERATOR: Broom/Sweeper ......... $ 13.69 0.00 OPERATOR: Bulldozer .............$ 18.01 0.00 OPERATOR: Concrete Finishing Machine ..........................$ 15.44 0.00 OPERATOR: Crane .................$ 21.69 0.00 OPERATOR: Curb Machine .......... $ 19.67 0.00 OPERATOR: Drill .................$ 14.78 0.00 OPERATOR: Forklift ..............$ 12.58 0.00 OPERATOR: Gradall...............$ 14.71 0.00 OPERATOR: Grader/Blade .......... $ 20.34 0.00 OPERATOR: Loader ................$ 16.24 0.00 OPERATOR: Mechanic ..............$ 17.86 0.00 OPERATOR: Milling Machine ....... $ 17.23 0.00 OPERATOR: Oiler .................$ 17.31 0.00 ■ https://www.wdol.gov/wdol/scafiles/davisbacon/FL163.dvb?v=0 1/7/2019 Page 3 of 6 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.82 0.00 OPERATOR: Piledriver ............ $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 19.35 0.00 OPERATOR: Roller ................$ 15.56 0.00 OPERATOR: Scraper ...............$ 11.74 0.00 OPERATOR: Screed ................$ 16.67 0.00 OPERATOR: Trencher ..............$ 16.07 0.66 PAINTER: Spray ..................$ 16.38 0.00 TRUCK DRIVER: Dump Truck ........ $ 14.99 0.00 TRUCK DRIVER: Flatbed Truck ..... $ 14.13 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 18.00 0.00 TRUCK DRIVER: Slurry Truck ...... $ 11.96 0.00 TRUCK DRIVER: Water Truck ....... ---------------------------------------------------------------- $ 14.16 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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)). ■ https://www.wdol.gov/wdol/scafiles/davisbacon/FL163.dvb?v=0 1/7/2019 Page 4 of 6 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage 'CIAO https://www.wdol.gov/wdol/scafiles/davisbacon/FL163.dvb?v=0 1/7/2019 Page 5 of 6 determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: N https://www,wdol.gov/wdol/scafiles/davisbacon/FL163.dvb?v=O 1/7/2019 Page 6 of 6 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 ■ https://www.wdol.gov/wdol/scafiles/davisbacon/FLI 63.dvb?v=O 1/7/2019 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS GRANT CERTIFICATIONS AND ASSURANCES LOCAL AGENCY PROGRAM (LAP) CONSTRUCTION PROJECTS The following items must be submitted with the bid package. Any missing items may be considered a nonresponsive bid, FORMS AND SUBMITTALS DUE WITH BID PACKAGE Collier Grant Forms: 1. Acknowledgement of Terms, Conditions, and Grant Clauses 2. Certification of Disclosure for Lobbying Activities 3. Anticipated DBE, M/WBE or VETERAN Participation Statement 4. Construction Contractors Bid Opportunities List — Submit online, see #12 FDOT Project Forms: 5. Certification Regarding Debarment... 6. Affidavit of Vehicle Registration 7. Certification of Sublet Work 8. Certification of Current Capacity 9. Non -Collusion Provision 10. Notification of EEO Officer Other Submittals with Bid Package: 11. FDOT Prequalification Number FDOT INSTRUCTIONS 12. DBE Plans and Bid Opportunity Instructions FDOT Form 375-030-32 FDOT Form 700-010-52 FDOT Form 700-010-36 FDOT Form 525-010-46 FDOT Form 575-060-13 FDOT Form 275-021-13 FDOT Form 275-030-11 CONTRACT ADMINISTRATION FORMS A IAP Contractor must comply with Federal statutes, U.S. Department of Justice, U.S. Department of Transportation (USDOT) and Federal Highway Administration (FHWA) regulations, policies, and procedures promulgated by the Florida Department of Transportation (FDOT). The Contractor and its subs will prepare and complete required forms as a result of these federal requirements. The necessary forms can be found at an FDOT website; httios://fms.fdot aov/Form?sort—number Refer to this website to become familiar with all documentation and compliance reporting that must be submitted throughout the project. N EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla, Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Quality Enterprises USA, Inc. Date 1194 /19 Authorized Signature .;Gauaio, vice Address 3494 Shearwater Street, Naples, FL 34117-8414 Solicitation/Contract # 19-7519 a EXHIBIT I -D1 FEDERAL CONTRACT PROVISIONS The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for 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 of Lobbying Activities", in accordance with its instructions. (Standard Form - LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $1 D0,000 and that all such subrecipients shall certify and disclose accordingly. Louis J. Gaudio Name of Authorized Official Vice President Title Signature of Vendor/Contractor's Authorized Official 1/24/19 Date W EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS COWER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT wiilbeverified. uFwerhbtestatuses,witrequirethePRMEtoeMerprvrvdearevisedstatementorprovidesourcedommeatat;onthatvaiilatesa PRIME NAIAE PRIME FE1D NUMBER CONTRACTDOUARAMOUNT Quality Enterprises USA,Inc 54-0947002 $410,337.30 ISTHEPRONEAFLORB}A-MTEREDDBADYAUTAGM, WR31AN If 15THEACUV11YOFTHISCOI:TRACT_ MINORTTYOR WOMEN BUS14ESS VITU MSEY DEE? Y CONSTRUCTION? N IDBf/IABE/WOE) OR HAVE ASMALLDISPDVANTAGED BUSDfFS53 CER71FiCAIfONFROM THE SMALLBUSINESS MBE? Y CONSULTATiow Y ADMINISTRATION? ASEIMCEDISABLEDVEFE]WO WBE? Y 17THER? Y N 508 BA? Y IS TM WEIMMION A REINMION11 Y rdl 1IFY0.9EWSIOCINUMBER: DUE M/WBE SUBCOd+ XWTOROftSUPPUER VETERAN UWE TYPEDFW43RXDR SPECIALTY EDi WJTYCODE (SeeBebw) SUE/SMPLIER DOUARAMOUNT PERCENT OFCONTR= DO'LUMS DBE Unlimited Turf, LLC Sodding HA $15,000.48 3.66% Kate's Enviro Erosion WBE enema_ Tnr_ Cnnt-rn1 NMAT t 9 AAn nn n tin% 17,460.48 1 4.26% NAME OF 5UBMrFUM DATE TITLE OFStFBMRTER Louis J. Gaudio 1/24/19 Vice President EMAIL ADDRESS OF PRIME (5115MITTERI TT LEPHONE NUMUER FAANUIMBER LGAUDIO@QEUSA.COM 239-435-7200 239-435-7202 NOTE. This information is used to track and report anticipated DBE or MBEparticipation in federaliyfunded contracts. The anticipated DBE or MBE amount is voluntary and will nut become part of the contractuai terms. This form must be submitted at tune of responseta a sabcitation. tF and when awarded a Caunty cantrad, the prime will be asked to update the informat on for the grant conplance files. II DEFARTMENTNAME I COLL1ER=ffRACFO11FBfAFPorPOAWCd I GRANT PROGRAM/CONTRACT 1 IACCEPTEDBY: I DATE I EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS 1. Federal Tax ID Number _54-0947002 6, ❑ DBE 8. Annual Gross Receipts 2. Firm Name: Qiiality En f arnri se T inc. USA® Non -DBE ❑ Less then 31 million 3. Phone: 2'i9-4'35-72200 Between $1-$5 million ❑ Between 51-$5 million 4. Address: 3494 Sbpnrw Naples, FL 3 7 AM tE]Between 7. ❑ Subcontractor ❑ $5 - $10 million Between $10-$15mililon Between$10-S15milion 7. ❑ Subconsultant ❑ More than $15 m9lion 5. Year Firm Established: 197,1 ❑ Subconsultant ❑ More than $15 million 1. Federal Tax ID Number. 46-1807031 6. DBE S. Annual Gross Receipts 2, Firm Name: Unlimited Turf , LLC 6. ❑ Nan -DBE ❑ Less than $1 mdGon 3. Phone: 863-357-5700 ❑ Nan -DBE ❑ Between $1 -S5 million 4. Address: 850 NW Federal Hwv ❑ Between $5 - $10 million Suite 170 7. ® Subcontractor. ❑ Between $10-$15million Stuart, FL34937�_ 7. ❑ Subconsultant ❑ More than $15mHon 5. Year Firm Established: 20-12 ❑ Subconsultant ❑ More than $15 mBtion 1. Federal Tax ID Number. 65-0678751 6. ® DBE 8. Annual Cross Receipts 2. FirmName: K ' a Fnvi o F cing �nc• ❑ Non -DBE N Less than 31 million 3. Phone: 7l9_94A-3116 3. Phone: 239-643-2770 Naples Between $1-$5 million 4. Address: 3435Quail Drive Between $1 -$5million ❑ Between $5- SID m0lion Bonita Springs, FL. 34134 7. N Subcontractor ❑ Between$10-S15milion 7. ❑ Subconsuftent ❑ More than S15 million 5. Year Firm Established: _1996 1. Federal Tax ID Number. 37-1654907 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: Simmonds Electrical of [0 Nan -DBE ❑ Less than 31 million 3. Phone: 239-643-2770 Naples ® Between $1 -$5million 4. Address: 8981 Quality Rd. ❑ Between $5 - $10 million Unit 1 7. ® Subcontractor ❑ Between SIO- $15 million Bonita,t Sprites . FL 34135 ❑ Subconsultant ❑ More than $15 million 5. Year Firm Establlshed: 1982 1. Federal Tax ID (dumber. 6. ❑ DBE S. Annual Gross Receipts 2. Firm Name: ❑ Nan -DBE ❑ Less than $1 mUlion 3. Phone: ❑ Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between S10- $15 minion ❑ Subconsultant ❑ More than $15 mBtion 5. Year Firm Established: It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: Quality Ent _=rises USA. Inc. By: Louis J, Date: 1/24/19 Title: Vice President Instructions for Certification Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a 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" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, In all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 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, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.govn, which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.AOA} STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010-62 CONTRACTOR'S AFFIDAVIT CONSTRUCTION ozns VEHICLE REGISTRATION State: Flnrida County: Collier BEFORE ME, this day personally appeared Louis J. Gaudio (Contractor's Name) who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida, in accordance with Section 320. Con ractors Signature TYPED NAME: Louis J. Gaudio POSITION: Vice President COMPANY NAME: Quality Enterprises USA, Inc. COMPANY ADDRESS: 3494 Shearwater Street Naples, FL 34117-8414 State of Florida County: Collier Sworn to and subscribed before me this 24th day of January 2019 by LnrniR .T G'a11dllo (Print name of person signing Certification) ...........MARCIE L. COHEN Notary Public # MY COMMISSION # GG 152066 EXPIRES: Fruary 11, 20 2/11/22 mJP°e' Bonded Thru No �Pubu Uncle �t ers Commission Expires Personally Known X _ OR Produced Identification Type of Identification Produced TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: Y o Q O L N f W J m N 1LL 0 wZ 00 o< LL O LL Q � N LL! V V q H +1 q ar b En ar H Pa aI U Irl D O 4-1 J uib U Cl) X ttLL � F4 Q N Z- 0 O V O a 0 LL O U o q � H rn /390 w Lr O \ 0 00 O UJ rI O U a) N C ) O O O H U 1i ❑ rn c cO �jj LL C7 C q Q �z a W Ln _ .. U) 414 _ O U) F- O O Z uJ EiI d O WWWaa o � Ui rn /390 PCI Lr O \ 0 00 00 rI O E O Q N OQ U Q �z O 00 _ .. U) pp _ O U) F- O O Z uJ EiI C 0 lelVed WHO Pa U 394 NON WWWaa o /390 PCI 0 00 00 O O E O O �t U Q O O 00 pp _ O U) F- vl N i EiI C tri o 1 0 4 o a) v lelVed Pa ,i...yy.Jc C 'u \\111 mm '0 O U 73 QV) w D O ami N o-4 p H a a) ❑ 0 H O 41 al O D� 0 U `O a) <`I q 13 a '0 rn O U V -1 l a q c O O LHN {i O ri .a C 4_ O a) H q co >, m cdC _ 'p 44-- O O N 'N N4... O CL u c o E O a) N a) w N =CU o O m E u) a) H H H H fn U fn O Z N u d F- 0 a H a 412r `o q � LUO q W q W W °' amTi$Fi LOC C c cc 8 A `i -w 1J ,� c a L y c i. w 5 .07 4) o« m p O Ql ❑ °atg± rq N p, N C ow VI N V O 'L-' � �° H. € i a ° E m p aC c e c C C C N ao L ad ' m 16 f'r1 U1 OE o d H h L c U c ❑ O t` Q1 a ° 'S m y a L L d m $ a, LU Q o 0 a o rn� m c00 7 ° y CLv LL r -I O m L 3 aL m e y a I I C 1.)L.O c-,0 „fV d p� O C C �1 .3 CL @ E _ _ a k O U C 10 w N a'S 5 O N« Cp C � o '3 wail —4 M � o 'd t 8 ' S N C7E 8 3,c a Q t3 cd o .�'> 8Q.o= u q Z � a= a= m v 1 E H 4-1 2 p v q m aha 3 8 U 'a I F- 4 m m O L m c w c ii d v ro CN C U SPI 1'i o O C= _ 0 CO d C O Z I -a q U 0 LL cqe�v� S9 � WE c 4)u.=6 8LD O w W H E o H c a �n c ai o $ u LH 'u v, ma c� �2i 2.5 N al T.3Ecv�'LLv pE� OH W -cc° V a v E m c ° w �.° Ma u 3 Q) a m V b Q) q W i, l s N'oJ N v j Q •u Q o 0 0 O 'l N =$' 2 J .00) J �{ to q N a E Q € y m m$ m c aci v a a� a m o m � ,v'_ E o E 41 Ln p LL O a O— b V] r° c fl oa 7 € E 0 o N O 7U C m u CL Val N= d y C N afueyD Q D G LLSF U a 0 N W Q L N !L 700-010.30 CONSTRUCTION 11117 Page 2 of 2 Instructions for Form: The contractor must provide enough information through a Schedule "A" spreadsheet to determine which pay -items) are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract unit price(s) unless there is a partial sublet. For partial sublets, use the unit prices from the actual sub -contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount (round to nearest whole dollar). 10) Enter a "Y" in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise, leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s) regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a "1". If he works one level below, enter a "2" and so on. 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the work to be performed. 16) Enter a "P" If any pay -item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D" for DBE, "N" for non -DBE. 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise. 19) One (1) copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and notarized. a) Note: Notary not required when form is digitally signed. STATE &FLORIDA O&ARTMOW OF TRAN$Obit'ATION. 52"10.4$: LAP.CER-rIFld0!6N OF C.Uk§*'T CAP, * I PROGRARMAJAOEWW 1?)Q9 Raaf 4'.or2 CONFIDENTIAL Fill In your FDOT Vendor Number For bids to be received on 1/24./19 (Letting;�ate) VF FA, L.0 9, 4. 7 0 0 2 0 4 1 (Only applicable to,FDOT pre -qt a_l ed contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this: Wddor'for ttie above. letpng does pot eXceed the amount gf1he Firm's CURRENT'CApACI . (maximuro eapaC'ity Caflrig less total ultcompleted w6A). The total uncompleted. work as�shdwn on the "Status of Contracts on Hands report(Pa9e:k 301677;10a I further certify that the "Status=of'Confracts. on Hand' report (pagewas prepared as follows: 1,. If tho. jettiho, is. before the 20'.clay of-tho month, the oertlftcate and report reflect the.uncompleted work as -oft 5(' day of the month; iastphoobding ;the month 6ffh6 e Or) z if the letting is. after the 25day of :the 'n1onth; the, 6eT1iflcate and re.poff reflects rite uncompleted W6fk in in as of the 1664 day of the 'Month 'ofthe ►etEing. 8, Aft new contracts (and subcontracts) awarded earlier than five days: before Elle (etffhg date are lnc(udecl In th_@ report. ;and charged against pur-total rating. ,..:. �uAL�rY ENrE�i�Is�s use; INC: I GertlfytNat the iiiforrri>ati:ori abov:Q Is. oorzeot . 1VAM F FfRNI Sworn to and s*icrib'ed this 2nd 044 By Natalie,CNs+119Wr of JANUARY 20'18 lc cutive isisEant E P` ihipl I i I I I I I I I IF, 69 OO O O O O O O O O O O O O O O O O J;I O O O O O O O O O O O N O r- .-- cl O O I� 00 N N O Z LO LO (D (D .-- O (3) r- Cl) Lo 00 m Lo N m m CY) m 00 -1r I-- O m 00 M O m d' O N (D O) M <- d to It N (D � (D Y M O M is � 0 Z mm I i I I I I I I I IF, 69 OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O r- .-- cl O O I� 00 N N O Z LO LO (D (D .-- O (3) r- Cl) Lo 00 m Lo N m m CY) m 00 -1r I-- O m 00 M O m d' O N (D O) M <- d to It N (D � (D Y M O M is � 0 Z m 64 64 64 64 EA by 64 64 69 69 69 64 69 69 < .64 FW- LU LLI V) O O N O O O O O Il- O O O O O m O O O O O Cp O O Il- O O N O O M O O M O O (D O O O O O N .J Z p. 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O m O LO •-- M Cl) r CV r (D P.; E .2 d N O 8 E 10 ,c - • O 61} 61} 64 64 coi col� 69 64 69 69 64 69 64 640 N 0 O O e E N w O O O O O O O O O O O O O O O O O O O O O O O O r- N Lq O O m CO I� N M M O <- O O O O Ca c o a t 00 m (D m � .-- O O N N 00 N (D LO 00 d' m m LO m Ch 00 m N Il- NY Ec m O O O O O Cf) O N (D O (D (D co M N y pbj O'e_ N N N .-- d' .-- •- •- <- r m N M It 00 N U 0 c Y -0 m Cu (D c 7 N (a O Cl '.,........ 64 64 61), 64 EA by 6> by by by by by by 64 E E'o - Ca 8 C '$ �csa cu >, o w 8 o E m CU N •O coO c rn v LL �o m L cv U E m S3 c rn O Y `O E> (D o ,n V- N a U �' CL E CD > c U N (,L CU >. a .O LLLL Z LL a N N C 0 CU d E O M C O t E Cu Q o n w ro °ts v' o ,J cCn E o~ 0 aa) 2 n o n U CD cL aci a`ni E cL .4 is a m (D 5 CDoiZ U a ;° •E c nz E. a ca �z >Z°Z o E E to a m �'� p 3 �y>o r a) rn o E o (/) E o o n �n o c t m e C� O c ° E c al .0 U Q U olf ` CU E CU .c (D o n a CD :D = o N o `° `t m iv J LL (i .o N c o O 'iJ `° o �' CU _j E ccvi F O E o C n xs U 3 .a J o d y fh C _ M U N `o E m 2 m a) Tn 7 O aS E .) a' E a) .N is E C o vi a) 3 -j a) Z • iv Q> ,C' a) N LL U O 7 � c v LL E o � a o f �' E' E m C a) LL Cn .D c CD •CV C) o C w m 'C c m S N 0 U CC) O U >. (1) 3 T N 3 CU 3 Z R O C) U— C O U C O O U O Z N •V O Cd a> >. ? .�.. O> (V N C N r-, Cn o_ D 0 o= 0 E o a o 0 o 0 o rn a i a)? �° n .3 Q `� .� o o c E E> o m 0 C2I- ��o m n CL aNi o cv I- a o o U _ O _ co O Z .�' U �.+' U ' �{¢'� N CV (U r, Ca �. "Q N d O> U N to «,L+ C CO _� C CO C N Q N N GO � u a0 O Z tb O N O y N O Z co 0 O N N ,al Eo' W N O O CO •O Cp O Q: � (O O ti + C`7 CO O rf' CO O 'd' CO p c0 + C'7 CO ,0+ N V ,d CO N ,�+ N -p CD 0' . CO D_ co F O N E OC O � U � I- c- 1- � U .- U .- U .- (� — 0 .- 0 — LL Ch .- U .- Q' — Z n m Pi N STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575050.13 NON -COLLUSION DECLARATION AND RIGHT OF WAY 05/01 COMPLIANCE WITH 49 CFR § 29 Page 1 of 3 ITEM/SEGMENT NO.: F.A.P. NO.: MANAGING DISTRICT: PARCEL NO,: COUNTY OF: Collier BID LETTING OF: 1/24/19 I, Louis J. , Gaudio hereby declare that I am (NAME) Vice President of Quality Enterprises USA, Inca (TITLE) (FIRM) of Naples, Florida (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this State Project. I further declare that: 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. 575-060-13 RIGHT OF WAY 05/01 Page 2 of 3 9. 1 certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of Federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local government transaction or public contract; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (d) has within a three-year period preceding this certification had one or more Federal, State or local government public transactions terminated for cause or default. 10. I(We), certify that I(We), shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (10), 1 have provided an explanation in the "Exceptions" portion below or by attached separate sheet. EXCEPTIONS: (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of agency action. Providing false information may result in criminal prosecution and/or administrative sanctions.) declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR: (Seal) BY: Louis J. Gaudio, Vice President NAME AND TLE PRINTED BY: SIGNATURE Executed on this 24th day of Janua WITNESS: i Ma n WITNESS: /l'CQi(y'�_"J 4sa Carreras 2019 FDOT Florida Department of Transportation RICK SCOTT 605 Suwannee Street GOVERNOR Tallahassee, FL 32399-0450 April 21, 2016 RE: NOTIFICATION TO FDOT OF EEO OFFICER To whom this concerns: The Equal Employment Opportunity Officer information submitted by: QUALITY ENTERPRISES USA, INC. JIM BOXOLD SECRETARY has been received and added to the Equal Opportunity Reporting System. if there) 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 contact me at (850) 414-4742. Sincerely, Stefan Kulakowski State Contract Compliance Administrator Equal Opportunity Office www.dot. state. fLus cAo) STATE OF FLORIDA DEPARTMENT OFTRANSPORTMION 275•D21-13 NOTIFICATION TO FDOT OF EEO OFFICER EQUALOPPORTUNRY 04114 Directions: Email the fully completed and sl nod forrn toeeoforms dotatate.fl.us Section l: COMPANY IDENTIFICATION 1. Contractor Name: 12, FEID.No.: Quality Enterprises USA, Inc, -54-0947402. 3. Home office Mailing Address: (street) 4, Home Office Malting Address: (city, state, zip) 3894 Mannix Drive Suite 216 Naples, FL 34114 5. Main. Phone Number: 6. Fax Number:'.. (239) 435.7200 __(239) 4316-7202 7. What is being Changed? L initial EEO officer Notice to FDOT Person ointed fntee Chan' ed Name Contact Data Chan ed Yes No [6573 No Yes No Yes Na Section 2: EEO OFFICER IDENTIFICATION 8. dame of EEO OHlcer: (first name, middle initial, last name) 9. EEO Officer's Working Title: Isa Carreras Projeck Administrator o4a4 nnannix unve 5uae zitiNa` les; F041,14 . 12. EEQ Officar Phony Number; 1; .` EEO Officer Fax Number; 239 '435=7200I (239L435442',, 14. EEO glflepr emall address; icarreras eusa:com Section 3: SIGNATURE OF CORPORATE OFFICIAL i+ As required in' the Equal Ern .yment`Opportunity,Special .Provisions included in Federally Funded Highway Constructiorl Contracts and" as required In the Equal 'Employment 0pportunl'ty_ Requ)rements JnblUded In all State funded highway construction contracts; this official notice of EEp Offlcer appointment (and/or update) Is made ad:464.'Florlda. Deparftnent of Transportation. and the` U.S, Fsderal Highway Administration (FHVVA). i understand that additional information`regardng the EEO Officer, the EEO Policy and other aspects of the.'construction contract complianctprogram may be found in the EEO Construction Contract Compliance Workbook: 15. Appointing oRciaN signature: 1t3. Date: (MolDaytYc) 0.4/201201$ i C� .171 Offlclal s Name: (printed). M..OfByial'sTHle: (printed) Allison Murrell Pro'ect Manager/Corparats Officer I1 - 4 . (This Section For FDOT Use) Section 4:, Processing of Notification 18, Processed by: (First an L s e e) 20. Date Processed: ft ,daylyr) DISTRIBUTION: 00ral to FOOTCantral EO FJIes; gopqTIlad to C niractor ■ EEO POLICY AND PROCEDURE PAGE 1 OF 6 Quality Enterprises USA Inc. hereafter referred to as `the Company' or `this Company' has adopted this policy and procedure Date: 06/01/2016 By: Isa Carreras EEO POLICY STATEMENT It is the policy of this Company to comply and cooperate to the fullest extent with all applicable regulations of the Equal Employment Opportunity Provisions of the Civil Rights Act of 1964, Executive Order 11246, the Rehabilitation Act of 1973 (29 U.S.C. 793), the Americans with Disabilities Act (ADA) of June 26, 1990 and the Vietnam Era Veterans Readjustment Assistance Act of 1972, all as amended.. This policy pertains, as far as the responsibility of this Company is concerned, to any arrangement under which employees, including trainees, are selected for work. It is the policy of this Company not to discriminate against any employee or applicant for employment because of race, religion, color, age, sex, and national origin, disabilities or Vietnam Era and Special Disabled Veterans status. This Company will take affirmative action to assure equal employment opportunity to all qualified persons, and that employees are treated equally during employment without regard to their race, religion, color, age, sex, national origin, disabilities, or Vietnam Era and Special Disabled Veteran's status. Such action shall include but not be limited to: 1. Employment, upgrading, demotion, or transfer 2. Recruitment and recruitment advertising 3. Layoff or termination 4. Rate of pay or other forms of compensation 5. Selection for training, including apprenticeship, pre -apprenticeship and/or on-the-job training EEO OFFICER DUTIES It is the policy of this Company to continuously maintain the appointment of an Equal Employment Opportunity Officer (EEO Officer). The name and contact information for the EEO Officer will be communicated along with this policy. The EEOOfficer has responsibility, for effectively administering and promoting an active program of equal employment opportunity. The EEO Officer will coordinate the EEO efforts of superintendents, supervisors, foremen and others in the position of hiring personnel ■ EEO POLICY AND PROCEDURE PAGE 2 OF 6 This Company's EEO Officer has the responsibility for effectively administering and promoting an active program of equal employment opportunity within the Company. The EEO Officer will make recommendations, where appropriate, to correct any deficiencies found in the Company's program. The EEO Officer will ensure that this policy and procedure are being carried out. EEO Procedure It is the policy of this Company that there not be any discrimination by virture of race, religion, color, age, sex, national origin, disabilities or Vietnam Era and Special Veterans status, in the functions of hiring, placement, up -grading; transfer or demotion. In addition, there shall not be any discriminatory practices in recruitment, advertising, or solicitation for employment, rates of pay or other forms of compensation, selection for training including apprenticeship, layoff or termination, or treatment during employment. The Company has affirmative action obligations in the hiring of minorities, females, disabled and veteran's applicants. We will not use goals, timetables or affirmative action standards to discriminate against any person because of their race, religion, color, age, national origin, disabilities, or Vietnam Era and Special Disabled Veteran's status. This. Company shall take specific affirmative action's to ensure equal opportunity. Our compliance with this policy and pprocedure shall be based upon our efforts to achieve maximum results from our actions and we shall document our efforts fully. This Company will implement specific. affirmative action steps, at least as extensive as the following actions to ensure equal employment opportunity: 1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all times and in all facilities at which our employees are assigned to work. We shall specifically ensure that all foremen, superintendents and other on-site. supervisory personnel are aware of and carry out our obligations to maintain such a working environment, with specific attention to to or female individuals working at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community. organizations when we have employment opportunities available, and maintain a record of the organization's responses. 3. Maintain a current file of the names, addresses and telephone numbers of each minority and females off -the -street applicant or female referral from a union and minority or female referrals from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the Union hiring hall for referral and was not referred back to the company by. the union or, if referred, not employed by the Company, this shall be documented in the file with the reason therefore, along with whatever additional actions the company may have taken. ■ EEO POLICY AND PRO CEi URE PAGE 3 OF b 4. When applicable, provide immediate written notification to the Director when the union or unions with which we have a collective bargaining agreement have not referred to us a minority person or woman sent by us, or when we have other information that the union referral process has impeded our efforts to meet our obligations. 5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include: minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the company's employment needs, especially those programs funded or approved by the Department of Labor. We shall provide notice of these programs to the sources complied under "2" above. 8. Disseminate the Company EEO policy notice by providing notice to the unions and training programs and requesting their cooperation in assisting us in meeting our EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the Company EEO Policy on bulletin boards accessible to all employees at each location where construction work is performed. 7. Review, at least annually, the Company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc. prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place. of these greetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate the Company EEO policy externally by Including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing the company EEO policy with other contractors and subcontractors with whom the company does or anticipates doing business. 9. Direct our recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to female recruitment and training organizations serving our recruitment area and our employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, we shall send written notification tot organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 10. We will encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth, both on the site and in other areas of our workforce. EEO POLICY AND PROCEDURE PAGE 4 OF 6 11. Validate all test and other selection requirements meet the requirements of 41 CFR Part 60-300. 12. Conduct at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to prepare for, through appropriate training, etc., such opportunities. 13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to -ensure that the EEO policy and our obligations under these specifications are being carried out. 14. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilets and necessary changing facilities shall be provided to assure privacy between the sexes. 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and supe iers, including circulation of solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the company EEO policies and affirmative action obligations. RECORDS This Company will keep records to monitor all employment related activity to ensure that the company's EEO policy is being carried out. Records shall at least include' for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates and changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. REPORTING OF COMPLAINTS If at any time anyone feels he.or she has been discriminated against because of sex, race, religion, color, age, national origin, disabilities, or Vietnam Era and Social Disabled Veteran status, they should report this matter to the. company EEO Officer whose name and contact information is communicated' along with this policy. The EEO Officer will investigate all complaints of alleged discrimination made to the company in connection with its contractual obligations. The EEO Officer will attempt to resolve such complaints, corrective actions to be taken, and will then follow up on actions taken and their effect. if the investigation indicates that the discrimination may affect persons other that the complainant, such corrective actions shall include such other persons. Upon completion of each investigation, the EEO Officer will inform every M EEO POLICY AND PROCEDURE PAGE 5 OF 6 complainant of all of their avenues of appeal. The following are the addresses for avenues for appeals. Company EEO Officer See name and contact information subsequently shown or posted. Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, FI 32399 850 488-7082 or 800 342-8170 U.S. Dept. of Labor, Federal Highway Administration Regional Director Florida Division Office of Federal Contract Compliance 61 Forsyth Street, SW, 545 John Knox Road Room 713-75 Suite 200 Atlanta, GA 30303 Tallahassee, Fl 32303 (404)-893-4545. (850) 553-2200 U.S: Equal Employment Opportunity Commission U.S. Equal Employment Opportunity Miami District Office Commission 100 SE 2rd Street Tampa District Offce Suite 1500 501. East Polk Street, Suite 1000 Miami, FI 33131 Tampa, FI 33602 800 669-4000 (800) 669-4000 ■ EEO OFFICE DESIGNATION: ACCOMPANYING EEO/AA POLCY & PLAN PAGE 6 OF 6 Quality Enterprises USA, Inc. has made the following designation in accordance with the EEO/AA Policy and Plan. Date: 06/01/2016 By: Isa Carreras EQUAL EMPLOYMENT OPPORTUNITY OFFICER: EEO OFFICER NAME: Isa Carreras ADDRESS; 3494 Shearwater Street Naples, FL 34117 PHONE: 239-435-7200 ■ tA'd Proogo In-'m M -0 IiiMf Sales Rep: Diana Aviles (N3105) Phone: Date: 01/18/19 Account Number. 531973 (N061203) Company Name: QUALITY ENTERPRISES USA INC. Contact Name: a/p 757-548-8000 Email: invoice@geusa.com Address: 3494 Shearwater Street, Naples, FL, 34117 Phone: (239) 435-7200 Fax: (239) 435-7202 Email; Diana.Aviles@naplesnews.com This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at . Ad Id: 2213769 P.O. No,: Total Cost: $77.00 Tag Line: Quality Enterprises USA, Inc, is see Start Date: 01/22/19 Stop Date: 01/22/19 Number of Timess: 1 Class: 16260 - Request for Bids Publications: ND -Naples Daily News, ND-Internet-naplesnews.eom I agree this ad is accurate and as ordered. Quality Enterprises USA, Inc. is seeking quotes from: Certified DBE, WBE, and MBE subcontractors and suppliers for the followingproject: Collier County, Florida Vanderbilt Beach Rd (CR 862) Bike Lanes County Bid No. 19-7519 Proposals Due January 23, 2019 Interested firms should submit a detailed letter of interest which includes: List of services provided, Copy of Certification, list of reviously completed pro?ects with references. Information can be faxed to (239) 435-7202 An EEO/AAP Employer January 22 2019 No.2213769 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, Gannett reserves the right to cat- egorize, edit and refine certain classified ads. Your satisfaction is important, If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date. The Naples Daily News may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for which the ad did not run. FDOT Florida Department of Transportation RICK SCOTT 605 Suwannee Street MIKE DEW GOVERNOR Tallahassee, FL 32399-0450 SECRETARY June 21, 2018 QUALITY ENTERPRISES USA, INC. FDOT Vendor Number: 3494 SHEARWATER STREET F540947002001 NAPLES, FLORIDA 34117 *REVISED* 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 6/30/2019. However, the new application is due 4/30/2019. In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.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. FDOT APPROVED WORK.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, R&R MINOR BRIDGES; SIDEWALK, CURBS & GUTTERS, DRIVEWAYS AND UTILITIES (WATER, SEWER & FORCE MAIN) AND PUMP STATION. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." 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. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, .s/1 . an Autry, M ager Contracts A inistration Office AA: cj www.fdot.gov N T-47-S T-48-S T-48-S T-49-S R-26-ER-25-ETHE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.CONTRACT PLANS daz (FEDERAL FUNDS) NO. SHEET YEAR FISCAL 1 19 CONTRACT NO. CONSTRUCTION EXPRESSWAY T U R NPI KE 10 PENSACOLA FORT WALTON BEACH PANAMA CITY CHIPLEY TALLAHASSEE 75 10 295 95 JACKSONVILLE ST AUGUSTINE GAINESVILLE OCALA DAYTONA BEACH DELAND 4 NEW PORT RICHEY TAMPA 75 4 LAKELAND MELBOURNE - COCOA ORLANDO BARTOWST PETERSBURG 275 SARASOTA - BRADENTON 75 95 FT PIERCE FT MYERS WEST PALM BEACH FT LAUDERDALE MIAMI 75 75 NAPLES KEY WEST CITY LAKE FLORIDA'S BEACH LINE SHEET DESCRIPTIONSHEET NO. INDEX OF ROADWAY PLANS CONTRACT PLANS COMPONENTS 9:46:18 AM U:\Projects\20170001-005\roadway\KEYSRD01.DGN10/4/2018 https://goo.gl/maps/kbpL4HGY7eP2 COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT LOCATION OF PROJECT N SIGNING AND PAVEMENT MARKING PLANS ROADWAY PLANS COLLIER COUNTY STA. 100+21.98 BEGIN PROJECT STA. 135+54.20 END PROJECT VANDERBILT BEACH ROAD (C.R. 862) VANDERBILT DRIVE (C.R. 901) TO GULF PAVILLION DRIVE FINANCIAL PROJECT ID 435118-1-58-01 COLLIER COUNTY PROJECT ID 33503.3 GOVERNING STANDARD SPECIFICATIONS: http://www.fdot.gov/programmanagement/Implemented/SpecBooks for Road and Bridge Construction at the following website: Florida Department of Transportation, July 2018 Standard Specifications GOVERNING STANDARD PLANS: following website: http://www.fdot.gov/design/standardplans Standard Plans for Road Construction and associated IRs are available at the Bridge Construction and applicable Interim Revisions (IRs). Florida Department of Transportation, FY2018-19 Standard Plans for Road and CHAD SWEET, P.E. ENGINEER OF RECORD: SIDEWALK PLANS PROJECT MANAGER: COLLIER COUNTY CERTIFICATE OF AUTHORIZATION NO.: 642 NAPLES, FLORIDA 34112 2350 STANFORD COURT JOHNSON ENGINEERING, INC. P.E. NO.: 73952 JOSHUA J. HILDEBRAND, P.E. SUMMARY OF QUANTITIES SQ-1 TEMPORARY TRAFFIC CONTROL PLAN26 - 44 EROSION CONTROL PLAN23 - 25 STORMWATER POLLUTION PREVENTION PLAN21 - 22 CROSS SECTIONS13 - 20 ROADWAY PLAN AND PROFILE7 - 12 PROJECT CONTROL6 PROJECT LAYOUT5 GENERAL NOTES4 TYPICAL SECTIONS3 SUMMARY OF PAY ITEMS2 KEY SHEET1 ON ANY ELECTRONIC COPIES. AND THE SIGNATURE MUST BE VERIFIED NOT CONSIDERED SIGNED AND SEALED PRINTED COPIES OF THIS DOCUMENT ARE ON THE DATE ADJACENT TO THE SEAL SIGNED AND SEALED BY THIS ITEM HAS BEEN DIGITALLY Digitally signed by Joshua J. Hildebrand, P.E. 73952 STATE OF FLORIDA DN: cn=Joshua J. Hildebrand, P.E. 73952 STATE OF FLORIDA, o=This item has been electronically signed and sealed using an SHA-1 authentication code., ou=Printed copies of this document are not considered signed and sealed and all SHA-1 authentication codes must be verified on any electronic copies., email=jjh@johnsoneng.com, c=US Date: 2018.10.04 10:42:46 -04'00' JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\CESSRD01.DGN9:48:52 AM 2 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET SUMMARY OF PAY ITEMS COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT ALL POSTS SHALL BE 2.5" BY 2.5" GALVANIZED METAL SQUARE TUBULAR SIGN POSTS.700-1-11 ALL EXISTING SIGNS TO BE REMOVED SHALL BE PROVIDED TO COLLIER COUNTY.700-1-60 BE PROVIDED TO COLLIER COUNTY. AT NO ADDITIONAL COST TO THE COUNTY. EXISTING HANDRAIL TO BE REMOVED SHALL SIDEWALK. ALL CLEARING AND GRUBBING DEBRIS SHALL BE REMOVED FROM JOB SITE ASPHALT, CONCRETE, ROADWAY BASE, VEGETATION / TREES, CURB & GUTTER, AND CLEARING AND GRUBBING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE REMOVAL OF110-1-1 PAY ITEM NOTES: SUMMARY OF SIGNING AND PAVEMENT MARKINGS PAY ITEM NO.DESCRIPTION UNIT QUANTITY 700-1-11 SINGLE POST SIGN, F&I, LESS THAN 12 SF AS 8 700-1-50 SINGLE POST SIGN, RELOCATE AS 3 700-1-60 SINGLE POST SIGN, REMOVE AS 11 706-3 RETRO-REFLECTIVE PAVEMENT MARKER EA 86 710-90 PAVEMENT MARKINGS FINAL SURFACE LS 1 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE OR SYMBOL EA 15 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS EA 15 711-11-123 THERMO., STD., WHITE, SOLID, CROSSWALK/RA, 12"LF 99 711-11-124 THERMO., STD., WHITE, SOLID, DIAG./CHEVRONS, 18"LF 218 711-11-125 THERMO., STD., WHITE, SOLID, STOP LINE, 24"LF 141 711-11-141 THERMO., STD., WHITE, GUIDE LINE, 6" (2/4)GM 0.120 711-11-170 THERMO., STD., ARROWS (RIGHT)EA 12 711-16-101 THERMO., STD. - OTHER, WHITE, SOLID, 6"GM 1.590 711-16-102 THERMO., STD. - OTHER, WHITE, SOLID, 8"GM 0.040 ASB-1 AS-BUILT RECORD DRAWINGS LS 1 SUMMARY OF ROADWAY PAY ITEM NO.DESCRIPTION UNIT QUANTITY 101-1 MOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-10-3 SEDIMENT BARRIER LF 640 104-18 INLET PROTECTION SYSTEM EA 8 110-1-1 CLEARING & GRUBBING LS 1 120-1 EXCAVATION CY 852 120-6 EMBANKMENT CY 289 160-4 TYPE B STABILIZATION SY 7,319 285-701 OPTIONAL BASE, BASE GROUP 01 SY 3,104 285-706 OPTIONAL BASE, BASE GROUP 06 SY 865 327-70-1 MILLING EXIST. ASPHALT PAVEMENT, 1" AVG DEPTH SY 1,959 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C, SP 12.5 (2.5")TN 111 337-7-82 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC C, FC-9.5, PG 76-22 (1")TN 312 430-174-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF 8 430-984-123 MITERED END SECTION, OPTIONAL ROUND, 15" SD EA 2 430-94-1 DESILTING PIPE, 0 - 24"LF 130 520-1-7 CONCRETE CURB & GUTTER, TYPE E LF 38 520-2-4 CONCRETE CURB , TYPE D LF 25 522-2 CONCRETE SIDEWALK, 6" THICK SY 9 527-2 DETECTABLE WARNING, YELLOW SF 11 570-1-2 PERFORMANCE TURF, SOD SY 7,576 635-2-12 PULL AND SPLICE BOX, ADJUST EXISTING LS 2 1:3 1:6 1:61:3 0.06 0.06 4" NATURAL GROUND NATURAL GROUND LBR 40 TYPE B STABILIZATION LBR 40 TYPE B STABILIZATION SEE CROSS SECTIONS DEPTH VARIES SEE CROSS SECTIONS DEPTH VARIES MATCH EXIST. SAW-CUT & MATCH EXIST. SAW-CUT & CROSS SLOPE 0.015+/- ROADWAY PAVEMENT 29'+/- EXISTING ¡ CONST. STANDARD CLEARING AND GRUBBING LIMITS OF CONSTRUCTION LIMITS OF CONSTRUCTION 10'VARIESVARIES10' (MIN.) 2' (MIN.) 2' R/W LINE R/W LINE VARIES VARIES TURF (SOD) PERFORMANCE PAVT SHLDR. TURF (SOD) PERFORMANCE RIGHT-OF-WAY (117.5'±) JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\TYPSRD01.DGN9:48:52 AM 3 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET TYPICAL SECTIONS COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 4" MILLING AND RESURFACING TUF (SOD) PERFORMANCE 5'1:6EXIST. BASE EXIST. STABILIZATION EXIST. ROADWAY PAVEMENT 0.02 5' MATCH EXIST. SAW-CUT AND DESIGN SPEED = 35 MPH POSTED SPEED = 35 MPH (RIGHT TURN LANE) 12"12" SHOULDER PAVEMENT FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) OPTIONAL BASE GROUP 1 WITH WIDENING AND FRICTION COURSE FC-9.5 (1") (PG 76-22) TYPE SP 12.5 STRUCTURAL COURSE (TRAFFIC C) (2.5") OPTIONAL BASE GROUP 6 WITH 0.02 1" AVG. DEPTH MILLED PAVEMENT POINT CONTROL PAVING 5' PAVT SHLDR. 5' 4" RESURFACING FRICTION COURSE FC-9.5 (TRAFFIC C) (1") (PG 76-22) STA. 100+21.98 TO STA. 135+21.70 VANDERBILT BEACH ROAD (C.R. 862) TYPICAL SECTION TO REMAIN EXIST. SIDEWALK TO REMAIN EXIST. SIDEWALK STANDARD CLEARING AND GRUBBING MILLING PAVEMENT FOR DEPTH (1") AVG. MILL EXISTING ASPHALT GROUP 6 OPTIONAL BASE LBR 40 TYPE B STABILIZATION STA. 133+00.59 TO STA. 135+21.70 STA. 112+45.72 TO STA. 115+00.06RIGHT: STA. 124+40.07 TO STA. 127+43.77 STA. 100+21.97 TO STA. 105+06.36LEFT: RIGHT TURN LANE & WIDENING DETAIL @ RIGHT TURN LANE JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\GNNTRD01.DGN9:48:52 AM 4 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET GENERAL NOTES COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 1.BENCHMARK ELEVATIONS SHOWN ON THE PLANS ARE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). 2.EXISTING FACILITIES SHALL BE RESTORED TO THAT WHICH EXISTED PRIOR TO COMMENCING CONSTRUCTION AT NO ADDITIONAL COST TO OWNER. 3.EXISTING DRAINAGE STRUCTURES WITHIN CONSTRUCTION LIMITS SHALL REMAIN UNLESS OTHERWISE NOTED. 4.EXISTING UTILITIES ARE TO REMAIN IN PLACE UNLESS OTHERWISE NOTED. COORDINATION WITH UTILITY AGENCIES MAY BE REQUIRED AND IS CONSIDERED INHERENT TO OTHER PAY ITEMS. CONTRACTOR SHALL FIELD VERIFY LOCATION OF EXISTING UTILITIES WITHIN CLOSE PROXIMITY TO IMPROVEMENTS PRIOR TO INSTALLATION. CARE SHALL BE TAKEN NOT TO DAMAGE OR IMPACT EXISTING UTILITIES SHOWN TO REMAIN. APPARENT CONFLICTS SHALL BE REPORTED TO THE ENGINEER IMMEDIATELY. 5.EXISTING UTILITIES ARE TO REMAIN IN PLACE UNLESS OTHERWISE NOTED. 6. 7.UTILITY/AGENCY OWNERS:COMPANY CONTACT TELEPHONE NUMBERS COLLIER COUNTY TRAFFIC OPERATIONS PAM WILSON (239) 252-8260 COLLIER COUNTY STAKE & LOCATE JENNIFER RAINEY (239) 252-8836 COMCAST LEONARD MAXWELL-NEWBOLD (954) 447-8405 FLORIDA POWER & LIGHT JOEL BRAY (954) 581-3088 SUMMIT BROADBAND INC.MIKE REBER (239) 325-4105 EXT. 261 TECO PEOPLES GAS MARILYN ALOI (239) 690-5517 CENTURYLINK JIGS SLIANG (239) 263-6234 8.ANY PUBLIC LAND CORNER WITHIN THE LIMITS OF CONSTRUCTION IS TO BE PROTECTED. IF A CORNER MONUMENT IS IN DANGER OF BEING DESTROYED AND HAS NOT BEEN PROPERLY REFERENCED, THE CONTRACTOR SHALL NOTIFY COLLIER COUNTY, WITHOUT DELAY, BY TELEPHONE AT (239) 252-8192. 9. 10.IT IS THE RESPONSIBILITY OF THE CONTRACTOR THAT ALL CONSTRUCTION LAYOUT, STAKING, AND RECORD DRAWINGS ARE PERFORMED UNDER THE SUPERVISION OF A FLORIDA REGISTERED LAND SURVEYOR. 11. LAND SURVEYOR. RECORD DRAWINGS SHALL BE DELIVERED TO THE ENGINEER PRIOR TO PROJECT COMPLETION. RECORD DRAWINGS SHALL BE LEGIBLY PLOTTED ON 11”X17” SHEETS AND SIGNED AND SEALED BY FLORIDA REGISTERED LAND SURVEYOR. ALL COSTS SHALL BE INHERENT TO PAY ITEM ASB-1. 12. 13.CONSTRUCTION STAKING IS CONTRACTOR'S RESPONSIBILITY TO PROVIDE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING THESE SERVICES DURING CONSTRUCTION. 14.PRIOR TO INCORPORATION INTO THE PROJECT A CERTIFICATION FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF PLANT INDUSTRY, STATING THAT THE SOD, HAY, STRAW, AND MULCH MATERIALS ARE FREE OF NOXIOUS WEEDS, INCLUDING TROPICAL SODA APPLE SHALL BE FURNISHED TO THE COUNTY PROJECT MANAGER BY THE CONTRACTOR. ALL SOD MATERIALS SHALL BE SUBJECT TO INSPECTION BY THE COUNTY OR APPOINTED REPRESENTATIVE PRIOR TO PLACEMENT. ANY SOD WITH NOXIOUS WEEDS AND GRASSES, INCLUDING TROPICAL SODA APPLE SHALL BE REJECTED FOR USE ON THE PROJECT. 15.AT THE COMPLETION OF THIS PROJECT ALL DISTURBED SURFACES SHALL BE COVERED BY SOD. 16. 17. 18. 19. INHERENT TO OTHER PAY ITEMS. 20. ITEMS. 21.SOD QUANTITY INCLUDES ONLY THOSE AREAS INTENDED TO BE DISTURBED BY PROPOSED IMPROVEMENTS. OTHER DISTURBED AREAS NOT INTENDED TO BE DISTURBED, INCLUDING BUT NOT LIMITED TO STAGING AREAS, STOCKPILE AREAS, ETC., SHALL BE SODDED AT NO ADDITIONAL COST. 22.CLEARING AND GRUBBING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE REMOVAL OF ASPHALT, CONCRETE, ROADWAY BASE, VEGETATION / TREES, CURB & GUTTER, AND SIDEWALK. ALL CLEARING AND GRUBBING DEBRIS SHALL BE REMOVED FROM JOB SITE BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE COUNTY. 23.ALL EXISTING SIGNS TO BE REMOVED SHALL BE DELIVERED TO COLLIER COUNTY TRAFFIC OPERATIONS. 24.ALL TREES WITHIN 3’ OF THE PROPOSED EDGE OF SHOULDER SHALL BE TRIMMED. ALL COSTS SHALL BE INHERENT TO CLEARING AND GRUBBING. NOTIFY ALL UTILITY COMPANIES IN THE AREA AT LEAST 48 HOURS PRIOR TO CONSTRUCTION AND CALL THE SUNSHINE STATE ONE CALL 1-800-432-4770. PROMPTLY REPORT ALL FIELD CHANGES TO THE ENGINEER. ACCURATELY PLOT THE LOCATIONS, DEPTHS AND DIMENSIONS OF ALL IMPROVEMENTS ON A FINAL SET OF RECORD DRAWINGS, PREPARED BY FLORIDA REGISTERED MAINTAIN EXISTING TRAFFIC / ACCESS, EXISTING DRAINAGE AND EXISTING UTILITIES DURING CONSTRUCTION, UNLESS OTHERWISE APPROVED BY ENGINEER. REPLACE ANY EXISTING SIDE STREET MARKINGS OBLITERATED DURING CONSTRUCTION. PROVIDE ANY EXISTING STREET SIGNS REPLACED AS PART OF THIS PROJECT TO COLLIER COUNTY. OBTAIN A RIGHT-OF-WAY PERMIT FROM COLLIER COUNTY PRIOR TO COMMENCEMENT OF CONSTRUCTION. ALL APPLICABLE COSTS SHALL BE INHERENT TO OTHER PAY MAINTAIN ALL EXISTING CONVEYANCES AND DRAINAGE CONNECTIONS WITHIN THE PROJECT LIMIT AT ALL TIMES. OBTAIN AN A NPDES PERMIT, IMPLEMENT A STORMWATER POLLUTION PREVENTION PLAN AND ABIDE BY ALL NPDES REQUIREMENTS. ALL APPLICABLE COSTS SHALL BE ¡ CONST. 10 11 12 N1" = 300' 7 8 9 R D K A O KCOMMAHSTA. 100+21.98 BEGIN PROJECT VANDERBILT BEACH ROAD (C.R. 862) STA. 135+54.20 END PROJECT GULF PAVILLION DRIVEVANDERBI LT DRI VE3,600.00POT STA. 100+00.00100 105 110 115 120 125 130 135 POT STA. 136+00.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLAYRD01.DGN9:48:54 AM 5 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET PROJECT LAYOUT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT AERIAL PHOTOGRAPHY DATED 2017 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\CTLSRD01.DGN9:49:32 AM 6 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET PROJECT CONTROL COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT PROJECT CONTROL NOTES 2. ELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM 1988 (NAVD88). OF THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT (NAD83/2011). 1. PROJECT IS BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, ¡ REFERENCE POINTS (NOT TO SCALE) POT 100+00.00 5 5.5 1'97.79'POT 136+00.00 F.C.M.D 4x4 UR (LB 1772) F.I.R.C. 5/8 (LB 642) S.I.R.C. 1/2 CP F.I.R. 5/844°52'54"30°30'35"LEGEND S.I.R.C. F.C.M.D F.I.R.C. F.I.R. EL. = 12.469 Y=397378.183 X=393672.692 STAMPED "F715 2008" DISK IN CONCRETE BM 1 = SET IRON ROD ANF CAP = FOUND CONCRETE MONUMENT = FOUND IRON ROD AND CAP = FOUND IRON ROD BENCHMARK VANDERBILT BEACH ROAD (C.R. 862) ¡ CONST. 96.10'112.16'ROAD (C.R. 862) VANDERBILT BEACH ¡ CONST. 54°5'22"37°31'4"POT STA. 136+00.00POT STA. 100+00.00 STA. 100+21.98 BEGIN PROJECT U WATER WATER WATER EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT CONC. SIDEWALK CONC. SIDE WALK WOOD BRIDGE ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK SIGN SIGN SIGN SIGN SIGN SIGN SIGN N 50 Feet 0 10 ¡ CONST.58.75'58.75'R/W LINE R/W LINE R=30' MATCH EXIST. SAW-CUT AND 15.10' (LT) +21.97 PAVED SHLDR. CONST. 5' LEGEND PAVED SHLDR. RESURFACING MILLING & WIDENING VANDERBILT BEACH ROAD (C.R. 862) 20.94' (RT) +25.60 23.05' (RT) +75.60VANDERBILT DRI VE23.12' (RT) +45.60 32.04' (LT) +38.35 36.98' (LT) +21.97 RELOCATED BY OTHERS PROPOSED 4" GAS MAIN TO BE RELOCATED BY OTHERS EXIST. 4" GAS MAIN TO REMAIN EXIST. BURIED TELEPHONE POT STA. 100+00.00100 101 102 103 104 @ ¡ CONST. EXIST. PGL 6.24STA. 100+21.98 BEGIN PROJECT MATCH LINE STA. 104+50.00100 101 102 103 104-5 0 5 -5 0 5 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLPRRD01.dgn9:49:32 AM 7 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET STA. 100+00 TO STA. 104+50 PLAN & PROFILE COLLIER COUNTY SCALE: 1"=50' HORZ. 1"=5' VERT.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 10 10 U WATER WATER WATER WATER1197.860 SIR C 1/2 CP LB64218686.511 S NAIL 60 19186.412 LL 19176.377 LL 19166.650 LL19156.672 LL 18946.830 LL 18936.818 LL 18826.952 LL18 816.991 LL 18677.487 LL18667.333 LL18427.189 LL 18417.184 LL 18117.809 LL18107.855 LL 17988.078 LL17978.124 LL 17728.322 LL 17718.264 LL 17068.568 LL 17058.563 LL17048.499 LL 17038.415 LL 16558.987 LL 16548.911 LL 16538.598 LL16248.693 LL16238.720 LL EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALKA S P H A L T S ID EW A LK ASPHALT SIDEWALK SIGN SIGN R/W LINE R/W LINE ¡ CONST.58.75'58.75'50 Feet 0 10 N 58.75'58.75'R/W LINE R/W LINE 13.16' (LT) +99.98 MATCH EXIST. WHITE STRIPE AND SAW-CUT AT EXIST. MATCH EXIST. SAW-CUT AND PAVED SHLDR. CONST. 5' PAVED SHLDR. CONST. 5'16.26' (RT) +74.26 16.05' (RT) +63.57 LEGEND PAVED SHLDR. RESURFACING MILLING & WIDENING VANDERBILT BEACH ROAD (C.R. 862) CONST. 5' PAVED SHLDR. EXIST. PAVEMENT, SAW-CUT AND REMOVE BY OTHERSTO BE RELOCATED EXIST. 4" GAS MAIN 30.30' (LT) +06.36 13.30' (LT) +06.36 RELOCATED BY OTHERS PROPOSED 4" GAS MAIN 105 106 107 108 109 110 111 @ ¡ CONST. EXIST. PGL6.249.03MATCH LINE STA. 104+50.00MATCH LINE STA. 111+50.00105 106 107 108 109 110 1110 5 10 15 0 5 10 15 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLPRRD02.dgn9:49:33 AM 8 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET STA. 104+50 TO STA. 111+50 PLAN & PROFILE COLLIER COUNTY SCALE: 1"=50' HORZ. 1"=5' VERT.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT U GAS U SD SD SD WATER WATER SD ELEC ELEC EDGE OF PAVEMENTEDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT ASPHALT SIDEWALK ASPHALT SIDEWALK CONC. ASPHALT S IDEWALKCONC. ASPHALT SIDEWALK ASPHALT SIDEWALKASPHALT SIDEWALKASPHALT SIDEWALK SIGN SIGN SIGN SIGN SIGN 12" PVC14"x23" ERCPCONC.CONC. ¡ CONST. R/W LINE R/W LINE 58.75'58.75'50 Feet 0 10 N 58.75'58.75'R/W LINE R/W LINE R=30' 46.18' (RT) +00.06 CONST. TYPE E CURB & GUTTER EXIST. CONC. CURB SAW-CUT AND MATCH 26.01' (RT) +97.98 MATCH EXIST. SAW-CUT AND PAVED SHLDR. CONST. 5' PAVED SHLDR. CONST. 5' TO MATCH PROPOSED EOP. ADJUST EXISTING PULL BOX RE-GRADE SWALE TO DRAIN HANDRAIL AND DRAINAGE; REMOVE EXIST. SIDEWALK, EXIST. ELEV. 9.7± SAW-CUT AND MATCH EXIST. SIDEWALK, REMOVE AND REPLACE S-100 S-101 HANDRAIL REMOVE EXIST. CONST. TYPE D CURB S-100 S-101 LANDING EL. 8.97± CONST. 5' FLAT END CURB TRANSITION CONST. 3' TYPE E STRAIGHT REMOVE EXIST. SIDEWALK 21.05' (RT) +00.06 MATCH EXIST. RADIUS DETECTABLE WARNING, YELLOW INSTALL 10 SF OF VANDERBILT BEACH ROAD (C.R. 862) LEGEND PAVED SHLDR. SIDEWALK REMOVE EXIST. RESURFACING MILLING & WIDENING REMOVE EXIST. CONC. CURB REMOVE EXIST. CONC. CURB 20' TO BE REMOVED BY OTHERS PEDESTRIAN SIGNAL HEAD DRIVEN POINTE38.05' (RT) +68.74 38.05' (RT) +79.53 CONST. 8 LF OF 15" PIPE MITER END SECTIONS AND REMOVE EXIST. PIPE & 35.89' (RT) +45.72 CONST. 5' PAVED SHLDR. EXIST. PAVEMENT, SAW-CUT AND REMOVE TO BE REMOVED BY OTHERS PEDESTRIAN SIGNAL HEAD MATCH EXIST. WHITE STRIPE AND SAW-CUT AT EXIST. TO BE RELOCATED BY OTHERS EXIST. 4" GAS MAIN RELOCATED BY OTHERS PROPOSED 4" GAS MAIN INDEX NO. 430-022 INV. = 8.00 CONST. 15" MES 1:4 (SD) STA. 115+68.22, 31.00' (LT) INDEX NO. 430-022 INV. = 8.00 CONST. 15" MES 1:4 (SD) STA. 115+92.21, 31.00' (LT) 112 113 114 115 116 117 118 @ ¡ CONST. EXIST. PGL9.039.83MATCH LINE STA. 111+50.00MATCH LINE STA. 118+50.00112 113 114 115 116 117 1180 5 10 15 0 5 10 15 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLPRRD03.dgn9:49:33 AM 9 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET STA. 111+50 TO STA. 118+50 PLAN & PROFILE COLLIER COUNTY SCALE: 1"=50' HORZ. 1"=5' VERT.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT S IDEWALK ASPHALT SIDEWALKASPHALT SIDEWALK ASPHALT SIDEWALK SIGN SIGN EDGE OF PAVEMENT 12"x18" ERCP ¡ CONST. R/W LINE R/W LINE 58.75'58.75'50 Feet 0 10 N 58.75'58.75'R/W LINE R/W LINE R=30' MATCH EXIST. SAW-CUT AND PAVED SHLDR. CONST. 5' PAVED SHLDR. CONST. 5' 16.73' (LT) +40.07 33.58' (LT) +61.49 DESILT 130 LF OF 18" PIPE END CURB TRANSITION CONST. 3' TYPE E STRAIGHT CONC. CURB REMOVE EXIST. 43.60' (LT) +39.55 LEGEND PAVED SHLDR. RESURFACING MILLING & WIDENING VANDERBILT BEACH ROAD (C.R. 862)DRIVEBEACH GATE119 120 121 122 123 124 125 @ ¡ CONST. EXIST. PGL9.8310.91MATCH LINE STA. 118+50.00MATCH LINE STA. 125+50.00119 120 121 122 123 124 1250 5 10 15 0 5 10 15 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLPRRD04.dgn9:49:34 AM 10 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET STA. 118+50 TO STA. 125+50 PLAN & PROFILE COLLIER COUNTY SCALE: 1"=50' HORZ. 1"=5' VERT.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT SD SD SD EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT CONC. SIDEWALK CONC. SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK SIGN SIGN SIGN SIGN SIGN SIGN ¡ CONST. R/W LINE R/W LINE 58.75'58.75'50 Feet 0 10 N 58.75'58.75'R/W LINE R/W LINE MATCH EXIST. SAW-CUT AND PAVED SHLDR. CONST. 5' PAVED SHLDR. CONST. 5' 24.35' (RT) +90.57 LEGEND PAVED SHLDR. RESURFACING MILLING & WIDENING VANDERBILT BEACH ROAD (C.R. 862)COMMUNITY PARKPELICAN BAY(TO REMAIN) EXIST. DRAINAGE INLET CONST. 5' PAVED SHLDR. EXIST. PAVEMENT, SAW-CUT AND REMOVE 30.84' (LT) +43.77 11.86' (LT) +50.01 CONST. 5' PAVED SHLDR. EXIST. PAVEMENT, SAW-CUT AND REMOVE 126 127 128 129 130 131 132 @ ¡ CONST. EXIST. PGL10.9110.55MATCH LINE STA. 125+50.00MATCH LINE STA. 132+50.00126 127 128 129 130 131 1320 5 10 15 0 5 10 15 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLPRRD05.dgn9:49:34 AM 11 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET STA. 126+50 TO STA. 132+50 PLAN & PROFILE COLLIER COUNTY SCALE: 1"=50' HORZ. 1"=5' VERT.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT EDGE OF PAVEMENT EDGE OF PAVEMENT CONC. SIDEWALK ASPHALT SIDEWALK SIGN SIGN SIGN ¡ CONST. R/W LINE R/W LINE 58.75'58.75'50 Feet 0 10 N 19.36' (RT) +21.70 19.60' (RT) +50.57 PAVED SHLDR. CONST. 5' LEGEND PAVED SHLDR. RESURFACING MILLING & WIDENING VANDERBILT BEACH ROAD (C.R. 862) (TO REMAIN) EXIST. DRAINAGE INLET 38.75' (LT) +54.20 11.82' (LT) +19.66 11.82' (LT) +54.20 STA. 135+54.20 END PROJECT DRIVEGULF PAVILLIONOAK DRIVEHAMMOCKCONST. 5' PAVED SHLDR. EXIST. PAVEMENT, SAW-CUT AND REMOVE 36.67' (RT) +00.60 133 134 135 POT STA. 136+00.00136 @ ¡ CONST. EXIST. PGL10.55STA. 135+54.20 END PROJECTMATCH LINE STA. 132+50.00133 134 1350 5 10 15 0 5 10 15 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\PLPRRD06.dgn9:49:35 AM 12 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET STA. 132+50 TO STA. 135+50 PLAN & PROFILE COLLIER COUNTY SCALE: 1"=50' HORZ. 1"=5' VERT.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 136 VANDERBILT BEACH RD ¡ CONST. 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:35 AM 13 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 4 6 8 10 12 101+00.00 4 6 8 10 12 102+00.00 4 6 8 10 12 14 103+00.00 6 8 10 12 14 104+00.00 6 8 10 12 14 105+00.00 STA. 100+21.98 BEGIN EARTWORK BEGIN PROJECT 6 0 2 0 8 26 2 8 8 29 2 8 8 28 4 11 10 32 2 13 4.96 999 999124 999 122 123999123123 999152Exist. R/WExist. R/WOFF -25.76'EL 4.570.02 OFF -14.81'EL 4.730.02OFF -31.81'EL 4.480.02 0.06 1:61:6 EL 4.35OFF 15.80'5.35 999 999124 999 122 123999123123 999152Exist. R/WExist. R/WOFF -24.70'EL 5.030.02 OFF -14.44'EL 5.180.02OFF -31.44'EL 4.930.06 1:61:6 EL 4.76OFF 15.67'EL 4.35OFF -36.47'5.79 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702 Exist. R/WExist. R/WOFF -23.91'EL 5.470.02 OFF -14.07'EL 5.620.02OFF -31.07'EL 5.360.06 1:61:6 EL 5.38OFF 15.62'EL 4.89OFF -35.68'EL 4.77OFF 25.77'6.06 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF -23.33'EL 5.710.02 OFF -13.70'EL 5.850.02OFF -30.70'EL 5.600.06 1:61:6 EL 5.67OFF 15.60'EL 5.20OFF -34.89'EL 4.40OFF 29.61'6.43 999 999 999 999 999125 999 122 124 999123123 999124124 999152 999 201 202 999 701 703 999702702Exist. R/WExist. R/WOFF -22.21'EL 6.110.02 OFF -13.33'EL 6.240.02OFF -30.33'EL 5.990.06 1:6EL 6.14OFF 15.55'EL 5.00OFF 28.75' VANDERBILT BEACH RD ¡ CONST. 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:35 AM 14 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 6 8 10 12 14 16 106+00.00 6 8 10 12 14 16 107+00.00 6 8 10 12 14 16 108+00.00 8 10 12 14 16 18 109+00.00 6 29 2 9 4 19 2 8 6 19 6 15 4 19 5 20 6.82 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702 Exist. R/WExist. R/W0.06 1:60.061:6 EL 6.55OFF 15.59'EL 6.64OFF -13.37'EL 5.61OFF -25.98'EL 5.51OFF 28.27'7.16 999 999999 999124 999 122 123999123123999152999 201 202 999 701 702Exist. R/WExist. R/W0.06 1:61:6 0.06 EL 7.15OFF -13.30'EL 6.79OFF 15.83'EL 6.09OFF -26.07'EL 6.08OFF 26.46'7.78 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W0.06 1:61:6 0.06 EL 7.27OFF 15.92'EL 7.61OFF -13.33'EL 6.36OFF -27.22'EL 6.31OFF 29.06'1:48.23 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702 Exist. R/WExist. R/W1:6 0.06 EL 7.88OFF 15.99'EL 8.04OFF -13.24'EL 6.69OFF -27.77'1:4999999152 0.06 EL 7.37OFF 24.58' VANDERBILT BEACH RD ¡ CONST. 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:36 AM 15 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 8 10 12 14 16 18 110+00.00 8 10 12 14 16 18 20 111+00.00 8 10 12 14 16 18 112+00.00 8 10 12 14 16 18 113+00.00 4 16 4 15 5 16 3 12 15 37 0 6 7 42 2 4 8.53 999999 999 999124999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W1:6 0.06 EL 8.12OFF 16.85'EL 8.29OFF -13.27'EL 7.08OFF -26.94'1:6999999152 999999152 1:60.06 EL 7.39OFF 27.60'8.79 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 17.42'EL 8.441:6 0.06 EL 8.49OFF -16.23'EL 7.25OFF -30.52'1: 4 0.06 OFF 24.52'EL 8.019.25 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 18.41'EL 8.830.06 EL 8.94OFF -15.50'EL 8.34OFF -37.47'EL 8.19OFF 36.92'1: 4 1:60.06 9.52 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 19.46'EL 9.05OFF 31.73'EL 8.870.02 0.02 EL 8.80OFF 36.46'1:6 0.06 EL 9.16OFF -16.67'EL 8.26OFF 40.46' VANDERBILT BEACH RD ¡ CONST. 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:36 AM 16 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 8 10 12 14 16 18 114+00.00 8 10 12 14 16 18 115+00.00 8 10 12 14 16 18 116+00.00 8 10 12 14 16 18 117+00.00 8 10 12 14 16 18 118+00.00 8 28 3 10 2 18 2 10 3 10 1 6 6 18 0 3 7 25 2 5 9.54 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 20.50'EL 9.13OFF 33.01'EL 8.940.020.02 0.02 EL 8.88OFF 37.50'1:6 0.06 1:6EL 9.18OFF -17.84'EL 8.19OFF -30.20'EL 8.28OFF 42.85'1:69.61 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/W1:6 0.06 EL 9.30OFF -18.63'EL 8.39OFF -30.51'1:69.63 999999 999 999 999 351 352 999124999 122 123999123123 999172 999152 999 201 202 999 701 702 999 501 502Exist. R/WExist. R/W1:6 0.06 EL 9.32OFF -18.48'EL 8.53OFF -29.64'1:69.69 999999 999 999124999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W1:6 0.06 0.06EL 9.30OFF 20.89'EL 9.48OFF -18.34'EL 8.70OFF 30.89'1:6 9.79 999999 999 999124999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W1:6 0.06 1:60.06EL 9.69OFF -18.25'EL 9.38OFF 21.08'EL 8.36OFF -32.65'EL 8.78OFF 31.08'1:6 1:6 VANDERBILT BEACH RD ¡ CONST. 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:36 AM 17 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 8 10 12 14 16 18 119+00.00 10 12 14 16 18 120+00.00 10 12 14 16 18 121+00.00 10 12 14 16 18 122+00.00 10 12 14 16 18 123+00.00 10 32 3 10 5 27 3 11 6 20 3 11 10 29 2 9 6 30 1 4 9.89 999 999122 999152Exist. R/WExist. R/W1:6 0.06 0.06EL 9.36OFF 21.36'EL 9.65OFF -18.64'EL 8.26OFF -33.34'EL 8.70OFF 41.93'1:610.08 999 999122999152Exist. R/WExist. R/W1:6 0.06 0.06EL 9.59OFF 22.56'EL 9.84OFF -18.60'EL 8.51OFF -32.99'EL 8.99OFF 32.56'10.28 999 999122 999152Exist. R/WExist. R/W1:6 0.06 0.06EL 9.94OFF 23.91'EL 10.22OFF -17.29'EL 9.34OFF 33.91'EL 8.69OFF -32.86'1:6 1:610.47 999 999122 999152Exist. R/WExist. R/W0.06 0.06EL 10.04OFF 24.13'EL 10.39OFF -17.49'EL 8.96OFF -32.42'EL 9.44OFF 34.13'1:6 1:6 10.66 999 999122 999152Exist. R/WExist. R/W1:6 0.06 0.06EL 10.16OFF 23.91'EL 10.61OFF -17.38'EL 9.56OFF 33.91'1:6 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:36 AM 18 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 10 12 14 16 18 20 124+00.00 10 12 14 16 18 20 125+00.00 10 12 14 16 18 126+00.00 10 12 14 16 18 127+00.00 10 12 14 16 18 128+00.00 7 23 0 1 10 31 3 6 3 25 3 11 9 24 2 10 6 28 0 5 BEACH RD VANDERBILT ¡ CONST. 10.74 999 999122 999152Exist. R/WExist. R/W1:60.06EL 10.30OFF 24.02'EL 9.70OFF 34.02'1:6 10.83 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF -28.75'EL 10.450.02 OFF -16.20'EL 10.640.02OFF -33.20'EL 10.380.06EL 10.36OFF 24.03'EL 9.52OFF -38.50'EL 9.76OFF 34.03'1:61:41:3 10.97 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF -28.11'EL 10.660.02 OFF -15.23'EL 10.850.02OFF -32.23'EL 10.60EL 9.72OFF -37.59'1:41:4 11.00 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF -26.60'EL 10.630.02 OFF -14.26'EL 10.810.02OFF -31.26'EL 10.560.06EL 10.30OFF 24.44'1:6 EL 9.70OFF 34.44'1:6EL 9.86OFF -37.16'11.01 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF -13.29'EL 10.731:60.06EL 10.47OFF 24.52'1:6 0.06OFF -33.25'EL 9.48 VANDERBILT BEACH RD ¡ CONST. 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:37 AM 19 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 10 12 14 16 18 129+00.00 8 10 12 14 16 18 130+00.00 10 12 14 16 18 131+00.00 10 12 14 16 18 132+00.00 10 12 14 16 18 133+00.00 6 23 0 1 5 20 11 20 7 22 2 22 7 26 0 4 6 23 0 1 10.88 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W0.06EL 10.33OFF 24.39'EL 9.73OFF 34.39'1:6 0.06 EL 10.70OFF 12.32'EL 9.94OFF 23.29'10.65 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W0.06 1:60.06EL 10.07OFF 24.38'EL 10.43OFF -11.92'EL 7.98OFF 43.34'EL 9.18OFF -25.82'1:61:610.54 999 999999 999124 999 122 123999123123999152999 201 202 999 701 702Exist. R/WExist. R/W1:6 0.06 0.06EL 9.84OFF 24.46'EL 10.34OFF -11.82'EL 9.34OFF -24.23'EL 9.24OFF 34.46'1:61:6 10.41 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/W1:6 0.06 0.06EL 10.00OFF 24.52'EL 10.35OFF -11.96'EL 9.40OFF 34.52'1:6 10.60 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 21.10'EL 10.220.02 EL 10.15OFF 26.11'0.06 EL 10.36OFF -11.92' 00 2020 4040 6060 8080 100100120 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 A Regular Exc.Embankment AV V 10/4/2018daz U:\Projects\20170001-005\roadway\RDXSRD01.DGN9:49:37 AM 20 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETCOLLIER COUNTY CROSS SECTIONS 1"=10' VERT. SCALE: 1"=20' HORZ.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 10 12 14 16 18 134+00.00 10 12 14 16 18 135+00.00 VANDERBILT BEACH RD ¡ CONST. STA. 135+21.70 END EARTWORK END PROJECT 9 28 0 0 7 30 0 0 EARTHWORK TOTALS VANDERBILT BEACH RD:852 289 10.55 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 19.53'EL 10.19OFF 29.51'EL 10.050.02 0.02 EL 9.94OFF 36.53'EL 10.31OFF -11.82'EL 10.12OFF -19.65'10.63 999 999 999 999124 999 122 123999123123 999152 999 201 202 999 701 702Exist. R/WExist. R/WOFF 19.39'EL 10.42OFF 30.43'EL 10.260.02 0.02 EL 10.17OFF 36.39'EL 10.66OFF -11.82'EL 10.46OFF -24.94' DURING CONSTRUCTION AND THE REMAINING AMOUNT IS THE EXISTING IMPERVIOUS AND GRASSED SHOULDER AREAS. THE RUN-OFF COEFFICIENT Cw (D), IS CALCULATED ASSUMING THAT THE MAXIMUM ALLOWABLE AREA OF SOIL IS DISTURBED BEFORE: Cw (B) = 0.57 DURING: Cw (D) = 0.60 AFTER: Cw (A) = 0.62 WEIGHTED RUN-OFF COEFFICIENT: DISTURBED AREAS, EXPOSED SOIL, ETC., DURING CONSTRUCTION: C=0.40 IMPERVIOUS ROADWAYS AND PAVED SHOULDER: C=0.95 GRASSED SHOULDERS ADJACENT TO ROADWAY: C=0.35 RUNOFF COEFFICIENTS FOR: RUNOFF COEFFICIENTS BEFORE Cw (B), DURING Cw (D) AND AFTER Cw (A) CONSTRUCTION. (1.D.) RUNOFF DATA: TOTAL AREA TO BE DISTURBED: 9.55 ACRES. TOTAL SITE AREA: 9.55 ACRES. PROJECT AREA ESTIMATES:(1.C.) MORE FREQUENT MAINTENANCE AND LIMITING EFFECTIVENESS OF EROSION AND SEDIMENT CONTROLS. ADDITIONAL FLOW, IF NOT DIVERTED, CAN ADD VOLUME AND SIZE TO STRUCTURAL PRACTICES, REQUIRING OFFSITE RUNOFF SHOULD BE DIVERTED AWAY OR THROUGH THE CONSTRUCTION AREA, IF POSSIBLE. THIS(I.B.4.) OF CONSTRUCTION. THE CONTRACTOR WILL PROVIDE POLLUTION CONTROL BY IMPLEMENTING DUST CONTROL DURING ALL PHASES(1.B.3.) TIME CONSTRUCTION ACTIVITIES TO LIMIT IMPACT FROM SEASONAL CHANGES OR WEATHER EVENTS.(I.B.2.) AREAS ARE STABILIZED AND PERMANENT VEGETATION IS ESTABLISHED. ANY OTHER CONSTRUCTION ACTIVITIES. REMOVE PERIMETER CONTROLS ONLY AFTER ALL UPSTREAM AREAS FOR EACH CONSTRUCTION PHASE, INSTALL PERIMETER CONTROLS PRIOR TO CLEARING AND GRUBBING OR(I.B.1.) LIST OF INTENDED ACTIVITIES: OF THE NPDES CGP. DISTURBING ACTIVITIES ON ALL PORTIONS OF THE PROJECT. FOR ADDITIONAL INFORMATION, REFER TO SECTION 4.7 SCHEDULE TO INDICATE DATES OF MAJOR GRADING ACTIVITIES AND SEQUENCES OF TEMPORARY AND PERMANENT SOIL IN THE CONTRACTOR'S SITE SPECIFIC EROSION AND SEDIMENT CONTROL PLAN, PREPARE A DETAILED CONSTRUCTION INTENDED SEQUENCE OF MAJOR SOIL DISTURBING ACTIVITIES:(1.B.) GRADING OF EXISTING SWALES. THE PROJECT EXTENDS A DISTANCE OF 0.674 MILES. THIS INVOLVES CONSTRUCTING 5-FOOT PAVED SHOULDERS, WIDENING, MILLING & RESURFACING RIGHT TURN LANES AND THE PROJECT IS THE BICYCLE LANES IMPROVEMENTS TO BOTH SIDES OF VANDERBILT BEACH ROAD IN COLLIER COUNTY. NATURE OF CONSTRUCTION ACTIVITY:(1.A.) 1.0 SITE DESCRIPTION: STATE OF FLORIDA EROSION AND SEDIMENT CONTROL DESIGNER AND REVIEWER MANUAL FOR ADDITIONAL REQUIREMENTS. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION GENERIC PERMIT (CGP). REFER TO THE REQUIRED SITE SPECIFIC EROSION CONTROL PLAN AND OTHER ITEMS NECESSARY TO OBTAIN COVERAGE UNDER THE THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) IS PROVIDED TO ASSIST THE CONTRACTOR IN DEVELOPING THE JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\SWPPRD00.DGN9:49:37 AM 21 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET PREVENTION PLAN STORMWATER POLLUTION COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT SEDIMENT BARRIERS SHALL BE USED AROUND THE PERIMETER OF STOCKPILE AREAS.(2.A.2) THAN 7 DAYS AFTER ANY CONSTRUCTION ACTIVITY CEASES EITHER TEMPORARILY OR PERMANENTLY. IN PORTIONS OF THE PROJECT WHERE CONSTRUCTION ACTIVITIES HAVE CEASED, BUT NO LATER PER SECTION 5.4 OF THE NPDES CGP, STABILIZATION SHALL TAKE PLACE AS SOON AS PRACTICAL (2.A.1.) (2.A.) SEDIMENT AND EROSION CONTROLS 2. CONTROLS: ARE USED FOR EROSION AND SEDIMENT CONTROL TO PREVENT DOWNSTREAM SEDIMENTATION. SEDIMENT BASINS, CONTAINMENT SYSTEMS OR PERMANENT STORMWATER MANAGEMENT FACILITIES CONSTRUCTION OF THE ROADWAY. THE OUTFALL STRUCTURES ARE TO BE PROTECTED WHEN TEMPORARY FACILITIES SHALL BE CONSTRUCTED DURING THE INITIAL PHASE OF CONSTRUCTION AND USED DURING THE PROPOSED SEDIMENT BASINS, CONTAINMENT SYSTEMS AND/OR STORMWATER MANAGEMENT(I.F.2.) CONSTRUCTION ACTIVITIES SHALL NOT MODIFY OR AFFECT THE EXISTING OFFSITE FLOW PATTERNS. SOIL DISTURBANCE AND AREAS TO BE STABILIZED. UNLESS OTHERWISE APPROVED BY THE PERMITS, THE THE CROSS SECTION SHEETS AND PLAN-PROFILE SHEETS PROVIDE THE APPROXIMATE SLOPE, AREAS OF EXISTING DRAINAGE FLOWS ARE TYPICALLY FROM THE EAST TO THE WEST TOWARDS THE GULF OF MEXICO.(I.F.1.) STORMWATER MANAGEMENT (EXISTING/PROPOSED)(I.F.) AND SEDIMENT CONTROL PLAN. THE SITE MAP SHALL BE COMPRISED OF THE CONSTRUCTION PLANS AND THE CONTRACTOR'S SITE-SPECIFIC EROSION SITE MAP:(1.E.) FOR THE PROJECT. WETLAND AND/OR SURFACE WATER IMPACTS SHALL BE LIMITED TO THE AREAS DESCRIBED IN THE APPROVED PERMITS FECAL COLIFORM. ADOPTED TMDL FOR IMPAIRMENT DUE TO TOTAL SUSPENDED SOLID, TURBIDITY, NUTRIENTS, DISSOLVED OXYGEN, OR THIS FACILITY DOES DISCHARGE TO WATERS LISTED ON THE ADOPTED FDEP VERIFIED LIST OR SHALL INCLUDE AT LEAST THE FOLLOWING, UNLESS OTHERWISE APPROVED BY THE ENGINEER. MINIMIZING OFFSITE VEHICLE TRACKING OF SEDIMENTS AND GENERATING DUST. THE PROPOSED METHODS IN THE SITE SPECIFIC EROSION AND SEDIMENT CONTROL PLAN, DESCRIBE THE PROPOSED METHODS FOR OFFSITE VEHICLE TRACKING & GENERATION OF DUST(2.D.2.) AREAS, MEANS OF MINIMIZING EXPOSURE TO STORMWATER, AND SPILL PREVENTION. THE SITE SPECIFIC EROSION AND SEDIMENT CONTROL PLAN SHALL IDENTIFY CHEMICAL AND FUEL STORAGE (2.D.1.) OTHER CONTROLS(2.D.) DO NOT CAUSE OR CONTRIBUTE TO VIOLATIONS OF STATE WATER QUALITY STANDARDS. WILL BE USED TO ENSURE THAT DISCHARGES OF NONCONTAMINATED GROUND WATER FROM DEWATERING OPERATIONS THE SITE SPECIFIC EROSION AND SEDIMENT CONTROL PLAN SHALL INCLUDE A DESCRIPTION OF THE BMPs THAT DEWATERING CONTROLS(2.C.) THE ENGINEER. WATER QUALITY MONITORING MAY BE CONDUCTED DURING ANY PHASE OF CONSTRUCTION AS DIRECTED BY (2.B.4.) ABOVE BACKGROUND OR LESS THAN 0 NTUs ABOVE BACKGROUND FOR DIRECT DISCHARGES TO OFWs). AND CONTINUED UNTIL TURBIDITY READINGS FALL BELOW AN ACCEPTABLE LEVEL (LESS THAN 29 NTUs ACTIVITIES AND TURBIDITY READINGS SHALL BE RECORDED ON THE CONSTRUCTION INSPECTION REPORT REEVALUATED AND APPROVED BY THE ENGINEER PRIOR TO ANY CONTINUATION OF ACTIVITY. MONITORING ENVIRONMENTAL PERMIT CONDITIONS FOLLOWED AND EROSION AND SEDIMENT CONTROL DEVICES IF WATER QUALITY STANDARDS ARE VIOLATED, CONSTRUCTION SHALL BE STOPPED IMMEDIATELY. THE (2.B.3.) DIRECT DISCHARGES TO OUTSTANDING FLORIDA WATERS (OFWs)). TURBIDITY UNITS (NTUs) ABOVE BACKGROUND OR GREATER THAN 0 NTUs ABOVE BACKGROUND FOR QUALITY STANDARDS AS THEY RELATE TO TURBIDITY (NO GREATER THAN 29 NEPHELOMETRIC THE ENGINEER WILL BE RESPONSIBLE FOR MONITORING ANY ACTIVITIES FOR VIOLATION OF WATER (2.B.2.) AND APPROVED BY THE ENGINEER. MAY BE SPECIFIED IN THE ENVIRONMENTAL PERMIT OR MAY BE DESIGNATED BY THE CONTRACTOR QUALITY STANDARDS MAY BE VIOLATED BY THE CONTRACTOR'S ACTIVITIES. MONITORING LOCATIONS OF ANY ENVIRONMENTAL PERMIT, OR BY THE CONTRACTOR UPON THE OBSERVATION THAT WATER WATER QUALITY MONITORING SHALL BE CONDUCTED IN ACCORDANCE WITH THE SPECIAL CONDITIONS (2.B.1.) WATER QUALITY MONITORING(2.B.) * VELOCITY DISSIPATION DEVICES SUCH AS RIPRAP OR OTHERS * SOD (MAY ALSO BE USED FOR TEMPORARY CONTROLS) * STORMWATER PONDS PERMANENT: * CHEMICAL TREATMENTS SUCH AS POLYACRYLAMIDES AND ALUM * SEDIMENT BASIN/CONTAINMENT SYSTEMS * INLET PROTECTION SYSTEMS INCLUDING SYNTHETIC BALES AND SANDBAGS * FLOATING TURBIDITY BARRIERS * SOIL TRACKING PREVENTION DEVICES AT CONSTRUCTION ENTRANCES/EXITS * STAKED TURBIDITY BARRIERS * SILT FENCE TEMPORARY DEVICES: AS APPROVED BY THE ENGINEER: DISTURBING SOIL UPSTREAM OF THE CONTROL. THE STRUCTURAL PRACTICES MAY INCLUDE THE FOLLOWING, POLLUTANTS FROM EXPOSED AREAS OF THE SITE. SEDIMENT CONTROLS SHALL BE IN PLACE BEFORE STRUCTURAL PRACTICES TO CONTROL OR TRAP SEDIMENT AND OTHERWISE PREVENT THE DISCHARGE OF IN THE CONTRACTOR'S SITE SPECIFIC EROSION AND SEDIMENT CONTROL PLAN, DESCRIBE THE PROPOSED STRUCTURAL PRACTICES(2.A.3.) FLORIDA STATE WATCH OFFICE AT 800-320-0519 OR 850-413-9911 PER SECTION 9.2 OF THE CGP. AT 863-519-2300 AND THE ENGINEER. IF A RELEASE CONTAINING HAZARDOUS SUBSTANCES OCCURS, CONTACT THE CONTAMINATED SOIL OR GROUNDWATER IS ENCOUNTERED, CONTACT THE DISTRICT CONTAMINATION IMPACT COORDINATOR HERBICIDES, ETC.) FROM SPILLING ONTO THE SOIL OR INTO THE SURFACE WATERS. IF A SPILL DOES OCCUR OR IF PRACTICES AND CONTAINMENT METHODS WILL BE USED TO PREVENT POTENTIAL POLLUTANTS (FUEL, LUBRICANTS, PROCEDURES FOR SPILL CONTAINMENT, REPORTING AND RESPONSES. THE PLAN SHALL SPECIFY WHAT MANAGEMENT DISCHARGES AND DESCRIBE THE PROPOSED MEASURES TO PREVENT POLLUTION. THE PLAN SHALL INCLUDE THE SITE SPECIFIC EROSION AND SEDIMENT CONTROL PLAN SHALL IDENTIFY ALL ANTICIPATED NON-STORMWATER 5. NON-STORMWATER DISCHARGES USE THE SWPPP CONSTRUCTION INSPECTION REPORT FORM # 650-040-03, FOR DAILY INSPECTIONS.(4.C.) INDIVIDUAL COSTS OF THE EROSION AND SEDIMENT CONTROL DEVICES. FOR THE CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION, SHALL BE INCLUDED IN THE PREPARATION OF ALL THE CONTRACTOR'S REPORTS OF INSPECTION, MAINTENANCE AND REPAIRS REQUIRED(4.B.) ALL SWPPP INSPECTION FORMS. REPAIRS TO THE EROSION AND SEDIMENT CONTROL DEVICES. MAINTAIN ALL REQUIRED REPORTS AND COMPLETE SUBMIT A WEEKLY REPORT TO THE DEPARTMENT DOCUMENTING THE DAILY INSPECTIONS AND MAINTENANCE OR (4.A.) INSTALL AND MAINTAIN RAIN GAUGES ON THE PROJECT SITE AND RECORD RAINFALL. 4. INSPECTION, TRACKING, AND REPORTING REMOVE SEDIMENT FROM SEDIMENT BASINS WHEN IT BECOMES MORE THAN HALF THE AVAILABLE VOLUME.(3.D.) WHICH MAY IMPEDE THE USEFULNESS OF THE STRUCTURE. STABILIZED CONSTRUCTION ENTRANCES SHALL BE MAINTAINED TO PREVENT CLOGGING OF ROCK BEDDING(3.C.) ENGINEER. SEDIMENT BARRIERS SHALL BE REPLACED WHEN IT IS NO LONGER EFFECTIVE OR AS DIRECTED BY THE(3.B.) IF A REPAIR IS NECESSARY, IT WILL BE INITIATED WITHIN 24 HOURS OF NOTICE.(3.A.) THE LIFE OF THE INSTALLED EROSION AND SEDIMENT CONTROL DEVICES. DEVICES WHEN NOTICE OF TERMINATION IS MAILED. REMOVE AND PROPERLY DISPOSE OF SEDIMENT BUILDUP THROUGH MAINTAIN AND REPAIR ALL EROSION AND SEDIMENT CONTROL DEVICES AND REMOVE EROSION AND SEDIMENT CONTROL 3. MAINTENANCE SEDIMENT CONTROL MAY BE ACCOMPLISHED BY USING STREET OR VACUUM SWEEPERS.(2.D.2.d.) USING WATER TRUCKS DURING DUST-GENERATING ACTIVITIES.(2.D.2.c.) REMOVING EXCESS DIRT FROM ROADS DAILY.(2.D.2.b.) LOADED HAUL TRUCKS ARE TO BE COVERED BY A TARPAULIN.(2.D.2.a.) JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\SWPPRD00.DGN9:49:38 AM 22 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET PREVENTION PLAN STORMWATER POLLUTION COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT STA. 100+21.98 BEGIN PROJECT U WATER WATER WATER EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT CONC. SIDEWALK CONC. SIDE WALK WOOD BRIDGE ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK SIGN SIGN SIGN SIGN SIGN SIGN SIGN 50 Feet 0 10 N ¡ CONST.58.75'58.75'R/W LINE R/W LINE SILT FENCE, TYPE III SILT FENCE, TYPE IIIDBL. SILT FENCE, TYPE III VANDERBILT BEACH ROAD (C.R. 862)VANDERBI LT DRI VELIMITS OF COLLIER COUNTY RIGHT-OF-WAY. BARRIERS TO BE CONTAINED WITHIN EXISTING PLACEMENT OF SILT FENCE AND SEDIMENT POT STA. 100+00.00100 101 102 103 104 U WATER WATER WATER WATER EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALKA S P H A L T S ID EW A L K ASPHALT SIDEWALK SIGN SIGN 50 Feet 0 10 N R/W LINE R/W LINE ¡ CONST.58.75'58.75'58.75'58.75'R/W LINE R/W LINE VANDERBILT BEACH ROAD (C.R. 862) 105 106 107 108 109 110 111 MATCH LINE STA. 104+50.00MATCH LINE STA. 104+50.00MATCH LINE STA. 111+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\SWPPRD01.dgn9:49:38 AM 23 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET EROSION CONTROL PLAN COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT U GAS U SD SD SD WATER WATER SD ELEC ELEC EDGE OF PAVEMENTEDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT ASPHALT SIDEWALK ASPHALT SIDEWALK CONC. ASPHALT S IDEWALKCONC. ASPHALT SIDEWALK ASPHALT SIDEWALKASPHALT SIDEWALKASPHALT SIDEWALK SIGN SIGN SIGN SIGN SIGN 12" PVC14"x23" ERCPCONC.CONC. 50 Feet 0 10 N ¡ CONST. R/W LINE R/W LINE 58.75'58.75'58.75'58.75'R/W LINE R/W LINE INLET PROTECTION INLET PROTECTION DBL. SILT FENCE, TYPE IIIDBL. SILT FENCE, TYPE III DRIVEN POINTEVANDERBILT BEACH ROAD (C.R. 862) 112 113 114 115 116 117 118 EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT S IDEWALK ASPHALT SIDEWALKASPHALT SIDEWALK ASPHALT SIDEWALK SIGN SIGN EDGE OF PAVEMENT 12"x18" ERCP 50 Feet 0 10 N ¡ CONST. R/W LINE R/W LINE 58.75'58.75'58.75'58.75'R/W LINE R/W LINE INLET PROTECTION INLET PROTECTION VANDERBILT BEACH ROAD (C.R. 862) 119 120 121 122 123 124 125MATCH LINE STA. 111+50.00MATCH LINE STA. 118+50.00MATCH LINE STA. 118+50.00MATCH LINE STA. 125+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\SWPPRD02.dgn9:49:39 AM 24 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET EROSION CONTROL PLAN COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT SD SD SD EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT EDGE OF PAVEMENT CONC. SIDEWALK CONC. SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK ASPHALT SIDEWALK SIGN SIGN SIGN SIGN SIGN SIGN 50 Feet 0 10 N ¡ CONST. R/W LINE R/W LINE 58.75'58.75'58.75'58.75'R/W LINE R/W LINE INLET PROTECTION INLET PROTECTION VANDERBILT BEACH ROAD (C.R. 862) 126 127 128 129 130 131 132 EDGE OF PAVEMENT EDGE OF PAVEMENT CONC. SIDEWALK ASPHALT SIDEWALK SIGN SIGN SIGN 50 Feet 0 10 N ¡ CONST. R/W LINE R/W LINE 58.75'58.75'INLET PROTECTION VANDERBILT BEACH ROAD (C.R. 862) STA. 135+54.20 END PROJECT DRIVEGULF PAVILLIONOAK DRIVEHAMMOCK133 134 135 POT STA. 136+00.00136MATCH LINE STA. 125+50.00MATCH LINE STA. 132+50.00MATCH LINE STA. 132+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\SWPPRD03.dgn9:49:39 AM 25 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET EROSION CONTROL PLAN COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\TCTYRD01.DGN9:49:40 AM 26 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT MINIMUM WIDTH 29' ¡ CONST. R/W LINE R/W LINE EXISTING ROADWAYWORK ZONE VANDERBILT BEACH ROAD PHASE I 12'2 (MIN.) 2 (MIN.) 12' GROUND NATURAL GROUND NATURAL RIGHT-OF-WAY MINIMUM WIDTH 29' ¡ CONST. R/W LINE R/W LINE 12'2 (MIN.) 2 (MIN.) 12' GROUND NATURAL GROUND NATURAL RIGHT-OF-WAY VANDERBILT BEACH ROAD PHASE II WORK ZONEEXISTING ROADWAY FIELD. THE EXACT LOCATION OF ALL SIGNS, PCMS AND BARRICADES ARE TO BE DETERMINED IN THE9. INTERSECT WORK AREA. ADD ADVANCE WARNING SIGNS 200' IN ADVANCE OF STOP BARS ON ALL SIDE ROADS THAT 8. ARE TO BE COVERED. EXISTING SIGNS ARE TO BE MAINTAINED AT ALL TIMES WHERE APPLICABLE. CONFLICTING SIGNS7. REQUIREMENTS BEFORE OPENING TO TRAFFIC AND REMOVING CONES. PAVEMENT DROP OFFS SHALL MEET FDOT SPECIFICATIONS/STANDARD PLANS INDEX USE OF TRAFFIC CONES ASSUMES WORK ONGOING WITH WORKERS PRESENT. ALL EDGE AND 6. TRAFFIC SHALL NOT BE PERMITTED ON LIMEROCK BASE/PRIMED SURFACE.5. FOR LOCAL TRAFFIC IN AREAS CLOSED TO REGULAR TRAFFIC. TRAFFIC SHALL BE PERMITTED ON A MILLED SURFACE FOR A MAXIMUM OF 48 HOURS, EXCEPT4. ACCESS SHALL BE MAINTAINED TO ALL EXISTING DRIVEWAYS. 3. PROJECT VICINITY 24 HOURS IN ADVANCE OF ANY PROPOSED ROAD CLOSURES OR RESTRICTIONS. THE CONTRACTOR WILL NOTIFY ALL EMERGENCY AND RESCUE AGENCIES LOCATED WITHIN THE2. ALL TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH FDOT STANDARD PLANS INDEX 102 SERIES.1. TEMPORARY TRAFFIC CONTROL GENERAL NOTES: 4. REMOVE TEMPORARY TRAFFIC CONTROL DEVICES. 3. PERFORM NORTHSIDE WIDENING AND RESURFACING. 2. PLACE CHANNELIZING DEVICES PER STANDARD PLANS INDEX 102-602 AND 102-603. 1. PLACE ADVANCED WARNING PER STANDARD PLANS INDEX 102-602 AND 102-603. PHASE 1 4. REMOVE TEMPORARY TRAFFIC CONTROL DEVICES. 3. PERFORM SOUTHSIDE WIDENING AND RESURFACING. 2. PLACE CHANNELIZING DEVICES PER STANDARD PLANS INDEX 102-602 AND 102-603. 1. PLACE ADVANCED WARNING PER STANDARD PLANS INDEX 102-602 AND 102-603. PHASE 2 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\TCTYRD02.DGN9:49:40 AM 26 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT MINIMUM WIDTH 29' ¡ CONST. R/W LINE R/W LINE EXISTING ROADWAYWORK ZONE VANDERBILT BEACH ROAD PHASE I 12'2 (MIN.) 2 (MIN.) 12' GROUND NATURAL GROUND NATURAL RIGHT-OF-WAY MINIMUM WIDTH 29' ¡ CONST. R/W LINE R/W LINE 12'2 (MIN.) 2 (MIN.) 12' GROUND NATURAL GROUND NATURAL RIGHT-OF-WAY VANDERBILT BEACH ROAD PHASE II WORK ZONEEXISTING ROADWAY FIELD. THE EXACT LOCATION OF ALL SIGNS, PCMS AND BARRICADES ARE TO BE DETERMINED IN THE9. INTERSECT WORK AREA. ADD ADVANCE WARNING SIGNS 200' IN ADVANCE OF STOP BARS ON ALL SIDE ROADS THAT 8. ARE TO BE COVERED. EXISTING SIGNS ARE TO BE MAINTAINED AT ALL TIMES WHERE APPLICABLE. CONFLICTING SIGNS7. OPENING TO TRAFFIC AND REMOVING CONES. PAVEMENT DROP OFFS SHALL MEET FDOT SPECIFICATIONS/INDEX REQUIREMENTS BEFORE USE OF TRAFFIC CONES ASSUMES WORK ONGOING WITH WORKERS PRESENT. ALL EDGE AND 6. TRAFFIC SHALL NOT BE PERMITTED ON LIMEROCK BASE/PRIMED SURFACE.5. FOR LOCAL TRAFFIC IN AREAS CLOSED TO REGULAR TRAFFIC. TRAFFIC SHALL BE PERMITTED ON A MILLED SURFACE FOR A MAXIMUM OF 48 HOURS, EXCEPT4. ACCESS SHALL BE MAINTAINED TO ALL EXISTING DRIVEWAYS. 3. PROJECT VICINITY 24 HOURS IN ADVANCE OF ANY PROPOSED ROAD CLOSURES OR RESTRICTIONS. THE CONTRACTOR WILL NOTIFY ALL EMERGENCY AND RESCUE AGENCIES LOCATED WITHIN THE2. ALL TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH FDOT DESIGN STANDARDS 600 SERIES.1. TEMPORARY TRAFFIC CONTROL GENERAL NOTES: ROAD INTERSECTION. VANDERBILT BEACH ROAD AND ON THE EAST LEG OF THE N. POINTE DRIVE AND VANDERBILT BEACH DETOUR PEDESTRIANS TO THE NORTHERN SIDEWALK AT THE INTERSECTION OF VANDERBILT DRIVE /2. PLACE TRAFFIC CONTROL DEVICES PER INDEX 660.1. PHASE 2: SOUTHSIDE IMPROVEMENTS VANDERBILT BEACH ROAD AND OAK HAMMOCK DRIVE / VANDERBILT BEACH ROAD. DETOUR PEDESTRIANS TO THE SOUTHERN SIDEWALK AT THE INTERSECTION OF VANDERBILT DRIVE /2. PLACE TRAFFIC CONTROL DEVICES PER INDEX 660.1. PHASE 1: NORTHSIDE IMPROVEMENTS 3,600.00 100 105 110 115 120 125 130 135 ¡ CONST. N1" = 300' VANDERBILT BEACH ROAD (C.R. 862)VANDERBI LT DRI VEAERIAL PHOTOGRAPHY DATED 2017 D RI V E O A K H A MMO C K CROSS HERE AHEADSIDEWALK CLOSEDCLOSEDSIDEWALKDRIVEGULF PAVILLIONCLOSEDSIDEWALKCROSS HERE AHEADSIDEWALK CLOSEDDRI VEN P OI NT E ¡ CONST. VANDERBILT BEACH ROAD (C.R. 862)VANDERBI LT DRI VED RI V E O A K H A MMO C K AERIAL PHOTOGRAPHY DATED 2017 N1" = 300'CLOSEDSIDEWALKCROSS HERE AHEADSIDEWALK CLOSEDCLOSEDSIDEWALKCROSS HERE AHEADSIDEWALK CLOSEDDRIVEGULF PAVILLIONDRI VEN P OI NT E JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\TCPLRD01.DGN9:49:41 AM 27 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 VANDERBILT BEACH ROAD AND OAK HAMMOCK DRIVE / VANDERBILT BEACH ROAD. DETOUR PEDESTRIANS TO THE SOUTHERN SIDEWALK AT THE INTERSECTION OF VANDERBILT DRIVE /2. PLACE TRAFFIC CONTROL DEVICES PER STANDARD PLANS INDEX 102-660.1. PHASE 1: NORTHSIDE IMPROVEMENTS ROAD INTERSECTION. VANDERBILT BEACH ROAD AND ON THE EAST LEG OF THE N. POINTE DRIVE AND VANDERBILT BEACH DETOUR PEDESTRIANS TO THE NORTHERN SIDEWALK AT THE INTERSECTION OF VANDERBILT DRIVE /2. PLACE TRAFFIC CONTROL DEVICES PER STANDARD PLANS INDEX 102-660.1. PHASE 2: SOUTHSIDE IMPROVEMENTS WORK ZONE LEGEND STA. 100+21.98 BEGIN PROJECT STA. 135+54.20 END PROJECTPHASE 1 PHASE 2 WORK ZONE LEGEND STA. 100+21.98 BEGIN PROJECT STA. 135+54.20 END PROJECT JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:50:28 AM 28 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:50:35 AM 29 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:50:45 AM 30 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:50:54 AM 31 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:04 AM 32 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:12 AM 33 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:20 AM 34 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:29 AM 35 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:37 AM 36 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:45 AM 37 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:51:54 AM 38 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:52:02 AM 39 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-600 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:52:10 AM 40 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-602 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:52:17 AM 41 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-603 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:52:26 AM 42 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-603 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:52:33 AM 43 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-603 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\FDOT Index 600\TCDTRD02.DGN9:52:40 AM 44 COLLIER ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET INDEX NO. 102-660 CONTROL PLAN TEMPORARY TRAFFIC COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT CR 862 435118-1-58-01 JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\roadway\SUMQRD01.DGN9:52:49 AM SQ-1 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET SUMMARY OF QUANTITIES COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT SUMMARY OF PERFORMANCE TURF LOCATION SIDE ID AREA TURF (SOD) PERFORMANCE NOTES DESIGN REMARKS CONSTRUCTION570-1-2 STA. TO STA. SY P F 100+21.97 to 105+06.36 LT 6059 379.5 100+39.34 to 115+03.20 RT 6380 1,854.0 105+06.36 to 114+72.24 LT 6088 1,117.8 114+72.21 to 123+51.26 LT 6200 972.6 115+94.40 to 126+15.94 RT 6047 1,126.7 124+40.94 to 133+19.66 LT 6022 1,140.8 126+58.02 to 135+28.29 RT 6004 984.6 SUB-TOTAL:7,576.0 TOTAL:7,576.0 SUMMARY OF SIDEWALK & DETECTABLE WARNINGS LOCATION SIDE ID AREA 6" CONC SIDEWALK WARNINGS DETECTABLE NOTES DESIGN REMARKS CONSTRUCTION522-2 527-2 STA. TO STA. SY SF P F P F 115+75.90 to 115+83.45 LT 5576 8.7 115+78.06 to 115+83.45 LT 8380 10.1 SUB-TOTAL:8.7 10.1 TOTAL:9 11 SUMMARY OF PAVEMENT NO. PAY ITEM PAY ITEM DESCRIPTION LOCATION SIDE ID AREA UNIT QUANTITY TOTAL NOTES DESIGN REMARKS CONSTRUCTION STA. TO STA. P F P F 160-4 TYPE B STABILIZATION 100+22.49 to 105+06.36 LT 5246 SY 624.9 7,319 100+45.60 to 115+00.06 RT 5263 1602.5 105+06.36 to 123+48.18 LT 5253 2040.1 115+97.97 to 126+03.21 RT 5289 1109.7 124+40.82 to 133+19.66 LT 5301 953.1 126+66.60 to 135+21.71 RT 5318 988.7 285-701 OPTIONAL BASE, BASE GROUP 01 100+45.60 to 108+63.57 RT 3965 SY 717.6 3,104 105+06.36 to 123+42.88 LT 3975 1085.8 115+97.98 to 126+03.21 RT 3984 588.1 126+66.60 to 130+80.77 RT 3996 370.5 130+03.07 to 133+19.66 LT 4003 341.1 285-706 OPTIONAL BASE, BASE GROUP 06 100+22.33 to 105+06.37 LT 4219 SY 394.7 865 108+63.55 to 115+00.06 RT 4227 139.4 124+40.28 to 130+03.07 LT 4242 156.1 130+80.77 to 135+21.70 RT 4258 174.3 327-70-1 MILLING EXIST ASPH PAVT, 1" AVG DEPTH 100+21.97 to 105+06.36 LT 3400 SY 558.6 1,959 111+22.78 to 115+00.06 LT/RT 21296 443.9 124+40.07 to 128+22.93 LT 3421 435.3 132+75.90 to 135+21.70 RT 3432 247.5 133+19.66 to 135+54.20 LT 21264 273.1 334-1-13 SUPERPAVE ASPHALTIC CONCRETE (TRAFFIC C, SP 12.5) (2.5")100+22.49 to 105+06.36 LT 4860 TN 49.39 111 108+63.56 to 115+00.06 RT 4868 17.88 124+40.82 to 130+03.07 LT 4882 19.92 130+80.77 to 135+21.70 RT 4897 22.86 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE (TRAFFIC C, FC-9.5, PG 76-22) (1")100+21.97 to 123+42.50 LT 4578 TN 106.49 312 100+45.60 to 115+00.06 RT 4636 63.79 114+66.17 to 114+87.07 LT/RT 21335 4.82 115+97.98 to 126+03.21 RT 4619 30.32 124+40.07 to 133+19.66 LT 4591 49.40 126+66.60 to 135+21.70 RT 4606 41.86 133+19.66 to 135+54.20 LT 21320 15.02 SIGNING AND PAVEMENT MARKING PLANS 9:52:49 AM U:\Projects\20170001-005\signing\KEYSSP01.DGNdaz10/4/2018 NO. SHEET YEAR FISCAL S-1 19 CONTRACT NO. CONSTRUCTION EXPRESSWAY T U R NPI KE 10 PENSACOLA FORT WALTON BEACH PANAMA CITY CHIPLEY TALLAHASSEE 75 10 295 95 JACKSONVILLE ST AUGUSTINE GAINESVILLE OCALA DAYTONA BEACH DELAND 4 NEW PORT RICHEY TAMPA 75 4 LAKELAND MELBOURNE - COCOA ORLANDO BARTOWST PETERSBURG 275 SARASOTA - BRADENTON 75 95 FT PIERCE FT MYERS WEST PALM BEACH FT LAUDERDALE MIAMI 75 75 NAPLES KEY WEST CITY LAKE FLORIDA'S BEACH LINE SHEET DESCRIPTIONSHEET NO. ENGINEER OF RECORD: PAVEMENT MARKING PLANS SIGNING AND PAVEMENT MARKING PLANS INDEX OF SIGNING AND CERTIFICATE OF AUTHORIZATION NO.: 642 VENDOR NO.: F59600055 CONTRACT NO.: G0L55 NAPLES, FLORIDA 34112 2350 STANDFORD COURT JOHHNSON ENGINEERING, INC. P.E. NO.: 73952 JOSHUA J. HILDEBRAND, P.E.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.https://goo.gl/maps/kbpL4HGY7eP2 LOCATION OF PROJECT CONTRACT PLANS FINANCIAL PROJECT ID 435118-1-58-01 (FEDERAL FUNDS) COLLIER COUNTY COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT SIGNING AND PAVEMENT MARKING PLANSS-4 THUR S-9 GENERAL NOTESS-3 TABULATION OF QUANTITIESS-2 KEY SHEETS-1 VANDERBILT BEACH ROAD (C.R. 862) VANDERBILT DRIVE (C.R. 901) TO GULF PAVILLION DRIVE COLLIER COUNTY PROJECT ID 33503.3 GOVERNING STANDARD SPECIFICATIONS: http://www.fdot.gov/programmanagement/Implemented/SpecBooks for Road and Bridge Construction at the following website: Florida Department of Transportation, July 2018 Standard Specifications GOVERNING STANDARD PLANS: following website: http://www.fdot.gov/design/standardplans Standard Plans for Road Construction and associated IRs are available at the Bridge Construction and applicable Interim Revisions (IRs). Florida Department of Transportation, FY2018-19 Standard Plans for Road and CHAD SWEET, P.E. PROJECT MANAGER: COLLIER COUNTY ON ANY ELECTRONIC COPIES. AND THE SIGNATURE MUST BE VERIFIED NOT CONSIDERED SIGNED AND SEALED PRINTED COPIES OF THIS DOCUMENT ARE ON THE DATE ADJACENT TO THE SEAL SIGNED AND SEALED BY THIS ITEM HAS BEEN DIGITALLY JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\TABQSP01.DGN9:52:49 AM S-2 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET TABULATION OF QUANTITIES COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT TABULATION OF QUANTITIES NO. ITEM PAY DESCRIPTION UNIT SHEET NUMBERS SHEET THIS TOTAL TOTAL GRAND S-4 S-5 S-6 S-7 S-8 S-9 PLAN FINAL PLAN FINAL PLAN FINAL PLAN FINAL PLAN FINAL PLAN FINAL PLAN FINAL PLAN FINAL PLAN FINAL 700-1-11 SINGLE POST SIGN FURNISH & INSTALL LESS THAN 12 SF AS 4 1 1 1 1 8 8 700-1-50 SINGLE POST SIGN, RELOCATE AS 2 1 3 3 700-1-60 SINGLE POST SIGN, REMOVE AS 4 2 3 1 1 11 11 706-3 RETRO-REFLECTIVE PAVEMENT MARKER EA 38 14 10 10 14 86 86 710-90 PAINTED PAVEMENT MARKINGS, FINAL SURFACE LS 1 1 *PAINT, STD., WHITE, SOLID, 6"GM 0.300 0.260 0.300 0.280 0.290 0.160 1.590 1.590 *PAINT, STD., WHITE, SOLID, 8"GM 0.010 0.010 0.010 0 0 *PAINT, STD., WHITE, SOLID, CROSSWALK/RA, 12"LF 99 99 99 *PAINT, STD., WHITE, SOLID, DIAG./CHEVRON, 18"LF 56 56 57 50 219 219 *PAINT, WHITE, SOLID, STOP LINES/CROSSWALK, 24"LF 37 87 17 141 141 *PAINT, STD., WHITE, GUIDE LINE, 6" (2/4)GM 0.010 0.020 0.030 0.030 0.030 0 0 *PAINT, STD., ARROWS (RIGHT)EA 5 2 1 2 2 12 12 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE OR SYMBOL (BIKE)EA 2 2 3 2 3 3 15 15 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, ARROWS (BIKE THRU)EA 2 2 3 2 3 3 15 15 711-11-123 THERMO., STD., WHITE, SOLID, CROSSWALK/RA, 12"LF 99 99 99 711-11-124 THERMO., STD., WHITE, SOLID, DIAG./CHEVRONS, 18"LF 56 56 56 50 218 218 711-11-125 THERMO., STD., WHITE, SOLID, STOP LINE, 24"LF 37 87 17 141 141 711-11-141 THERMO., STD., WHITE, GUIDE LINE, 6" (2/4)GM 0.010 0.020 0.030 0.030 0.030 0.120 0.120 711-11-170 THERMO., STD., ARROWS (RIGHT)EA 5 2 1 2 2 12 12 711-16-101 THERMO., STD. - OTHER, WHITE, SOLID, 6"GM 0.300 0.260 0.300 0.280 0.290 0.160 1.590 1.590 711-16-102 THERMO., STD. - OTHER, WHITE, SOLID, 8"GM 0.010 0.01 0.010 0.010 0.040 0.040 * THESE QUANTITIES ARE PAID FOR UNDER PAINTED PAVEMENT MARKINGS (FINAL SURFACE), LUMP SUM - ITEM NO. 710-90. THE QUANTITIES SHOWN ARE FOR ONE APPLICATION; SEE SPECIFICATION 710 FOR THE NUMBER OF APPLICATIONS REQUIRED. JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\GNNTSP01.DGN9:52:50 AM S-3 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET GENERAL NOTES COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT SIGNING AND PAVEMENT MARKING NOTES: 1.ALL EDGE LINES SHALL BE THERMOPLASTIC AND ALL BICYCLE MARKINGS SHALL BE PAINT. 2.THE CONTRACTOR SHALL REMOVE ALL EXISTING STRIPING AND CONFLICTING PAVEMENT IN ACCORDANCE WITH AN FDOT ACCEPTABLE METHOD. 3.PERMANENT RPM'S AS REQUIRED FOR LANE LINES SHALL BE PLACED WITHIN 72 HOURS OF COMPLETION OF THE MAINLINE SURFACE COURSE AT NO ADDITIONAL COST. OTHER LOCATIONS FOR RPM'S PLACEMENT MAY BE DESIGNATED BY THE ENGINEER. 4.THE PERMANENT REMOVAL OF SIGNS WITHIN THE LIMITS OF THIS PROJECT IS NOT REQUIRED IF THEY ARE NOT SHOWN IN THESE PLANS. 5.CAUTION SHOULD BE EXERCISED WHILE RELOCATING EXISTING SIGNS SO AS TO PREVENT DAMAGE TO THE SIGNS. IF THE SIGNS ARE DAMAGED BEYOND USE, AS DETERMINED BY THE ENGINEER, THEY SHALL BE REPLACED BY THE CONTRACTOR AT HIS EXPENSE. 6.ALL EXISTING SIGNS TO BE REMOVED SHALL BE DELIVERED TO COLLIER COUNTY TRAFFIC OPERATIONS. 7.ALL SIGNS AND PAVEMENT MARKINGS SHALL CONFORM TO COLLIER COUNTY'S SIGNING AND PAVEMENT INDEX AS WELL AS FDOT STANDARD PLANS INDEX 700-010 - SINGLE COLUMN GROUND SIGN AND FDOT STANDARD PLANS INDEX 711-001 PAVEMENT M ARKINGS. 8.ALL SIGN RELATED WORK TO BE COORDINATED WITH FELIX BURGOS, 239-253-3160, TO MAINTAIN INTEGRITY OF OUR SIGN DATABASE. CONTRACTOR TO FOLLOW TRAFFIC OPERATIONS SIGNING AND PAVEMENT MARKINGS SPECIAL PROVISION DETAILS WHICH INDICATE USING A 2.5”X2.5” GALVANIZED METAL SQUARE TUBULAR SIGN POST. U WATER WATER WATERPOT STA. 100+00.00100 101 102 103 104 N 50 Feet 0 10 R/W LINE R/W LINE ¡ CONST. DIRECTIONAL ARROW (TYP.) 6" WHITE SOLID W/R RPM'S @ 20' O.C. 6" WHITE SOLID W/ +21.36 6" WHITE SOLID MATCH EXIST. 24" WHITE SOLID 12'5'31'±VANDERBILT BEACH ROAD (C.R. 862)VANDERBI LT DRI VE6" 2/4 SKIP WHITE PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROW STA. 100+21.98 BEGIN SIGNING AND PAVEMENT MARKINGS 700-1-60 PARKINGN0TIMEANYLIMITSPEED35PARKINGN0 TIME ANY ROADTHESHARE 700-1-11 ROADTHESHARE 700-1-60 REMOVE REMOVE BUSSTOP 700-1-11 BUSSTOP 700-1-11 700-1-60 REMOVER2-1 30"x36" STA. 102+96.51 PROPOSED STA. 101+08.50 18"x24"30"x30" W16-1PW11-1 PROPOSED 700-1-50 700-1-50 700-1-11 700-1-60 USE EXIST. SIGN PANEL RELOCATE/PROPOSED USE EXIST. SIGN PANEL RELOCATE/PROPOSED MATCH LINE STA. 104+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\PLANSP04.dgn9:52:51 AM S-4 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET MARKING PLANS SIGNING AND PAVEMENT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT U WATER WATER WATER WATER 105 106 107 108 109 110 111 N 50 Feet 0 10 R/W LINE R/W LINE ¡ CONST. R/W LINE R/W LINE 6" WHITE SOLID 6" WHITE SOLID @10' SPACING 18" WHITE SOLID 8" WHITE SOLID +06.36 +56.36 29'±VANDERBILT BEACH ROAD (C.R. 862) PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROW 6" 2/4 SKIP WHITEPEDSTOYIELD 700-1-60 PARKINGN0 TIME ANY RIGHT TURN LANEBEGINYIELD TO BIKESR4-4 36"x30" 700-1-11 STA. 105+12.00 REMOVEPROPOSED 700-1-60 REMOVE MATCH LINE STA. 104+50.00MATCH LINE STA. 111+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\PLANSP05.dgn9:52:51 AM S-5 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET MARKING PLANS SIGNING AND PAVEMENT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT U GAS U SD SD SD WATER WATER SD ELEC ELEC 112 113 114 115 116 117 118 50 Feet 0 10 N R/W LINE R/W LINE ¡ CONST. R/W LINE R/W LINE W/R RPM'S @ 20' O.C. 6" WHITE SOLID W/ 6" WHITE SOLID MATCH EXIST. 24" WHITE SOLID 6" WHITE SOLID 39'±6" WHITE SOLID 12'5'PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROW DRIVEN POINTEROAD (C.R. 862) VANDERBILT BEACH SOLID (TYP.) 24" WHITE SOLID 12" WHITE 8'6" 2/4 SKIP WHITE DIRECTIONAL ARROW (TYP.) +30.72 PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROW 8" WHITE SOLID @10' SPACING 18" WHITE SOLID +95.72 +45.72 700-1-60 PARKINGN0 TIME ANY PARKINGN0TIMEANYREMAIN REMAIN RIGHT TURN LANEBEGINYIELD TO BIKESR4-4 36"x30" 700-1-11 STA. 112+40.00 700-1-60 PARKINGN0 TIME ANY REMOVE REMOVE 700-1-60 REMOVE PROPOSEDMATCH LINE STA. 111+50.00MATCH LINE STA. 118+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\PLANSP06.dgn9:52:51 AM S-6 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET MARKING PLANS SIGNING AND PAVEMENT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 119 120 121 122 123 124 125 50 Feet 0 10 N R/W LINE R/W LINE ¡ CONST. R/W LINE R/W LINE39'±6" WHITE SOLID 6" WHITE SOLID +61.33 W/R RPM'S @ 20' O.C. 6" WHITE SOLID W/ ARROW DIRECTIONAL 6" WHITE SOLID 40'±5'12'42'±VANDERBILT BEACH ROAD (C.R. 862) PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROWSTOPDO NOT ENTER REMAIN STOPREMAIN MATCH LINE STA. 118+50.00MATCH LINE STA. 125+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\PLANSP07.dgn9:52:52 AM S-7 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET MARKING PLANS SIGNING AND PAVEMENT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT SD SD SD 126 127 128 129 130 131 132 50 Feet 0 10 N ¡ CONST. R/W LINE R/W LINE R/W LINE R/W LINE DIRECTIONAL ARROW (TYP.) 6" WHITE SOLID W/R RPM'S @ 20' O.C. 6" WHITE SOLID W/40'±5'12'6" WHITE SOLID 36'VANDERBILT BEACH ROAD (C.R. 862) PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROW 6" 2/4 SKIP WHITE 8" WHITE SOLID @10' SPACING 18" WHITE SOLID +58.77 +43.72 +93.77 STOP REMAIN REMAIN REMAIN REMAIN REMAINPEDSTOYIELDON SWALESTANDINGORPARKINGNOON SWALESTANDINGORPARKINGNOON SWALESTANDINGORPARKINGNORIGHT TURN LANEBEGINYIELD TO BIKESR4-4 36"x30" 700-1-11 STA. 127+50.00 PROPOSED 700-1-60 REMOVE MATCH LINE STA. 125+50.00MATCH LINE STA. 132+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\PLANSP08.dgn9:52:52 AM S-8 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET MARKING PLANS SIGNING AND PAVEMENT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT 133 134 135 POT STA. 136+00.00136 50 Feet 0 10 N ¡ CONST. R/W LINE R/W LINE DIRECTIONAL ARROW (TYP.) 6" WHITE SOLID MATCH EXIST. 24" WHITE SOLID W/R RPM'S @ 20' O.C. 6" WHITE SOLID W/ SOLID 6" WHITE 5'12'VANDERBILT BEACH ROAD (C.R. 862) PAINTED (TYP.) PAVEMENT MESSAGE PAINTED (TYP.) DIRECTIONAL ARROW STA. 135+54.20 END SIGNING AND PAVEMENT MARKINGS R=39' 6" WHITE SOLID +49.79 +14.23 11'11'11'DRIVEGULF PAVILLIONOAK DRIVEHAMMOCKWHITE 6" 2/4 SKIP +85.59 +50.57 @10' SPACING 18" WHITE SOLID 8" WHITE SOLID +50.37 +00.59 LIMITSPEED35REMAIN ROADTHESHARE 700-1-50 RELOCATEON SWALESTANDINGORPARKINGNOBIKE LANE 700-1-60 REMOVE PANEL REMAIN RIGHT TURN LANEBEGINYIELD TO BIKESR4-4 36"x30" 700-1-11 STA. 132+94.50 PROPOSEDMATCH LINE STA. 132+50.00JOHNSON ENGINEERING, INC. CERTIFICATE OF AUTHORIZATION NO. 642 P.E. LICENSE NO. 73952 JOSHUA J. HILDEBRAND 2350 STANFORD COURT NAPLES, FL 34112 10/4/2018daz U:\Projects\20170001-005\signing\PLANSP09.dgn9:52:53 AM S-9 435118-1-58-01 COLLIER CR 862 ROAD NO.FINANCIAL PROJECT IDCOUNTY DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEET MARKING PLANS SIGNING AND PAVEMENT COLLIER COUNTY THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.GROWTH MANAGEMENT DEPARTMENT