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Agenda 07/13/2021 Item #16A27 (ITB #21-7852-ST w/Quaility Enterprises USA)07/13/2021 EXECUTIVE SUMMARY Recommendation to approve the award of Invitation to Bid (“ITB”) No. 21-7852-ST “Bridge Replacement-Bridge Package D-1 Bridge-Grant Funded” to Quality Enterprises USA, Inc. in the amount of $2,664,766.70 and authorize the Chair to sign the attached agreement related to Project 66066 - “Eleven Bridge Replacements east of SR 29” and approve the necessary budget amendments. ____________________________________________________________________________________ OBJECTIVE: To replace Bridge No. 030138 located east of State Road (SR) 29 on Immokalee Road as part of Project 66066. CONSIDERATION: The design and permitting phase to replace eleven existing bridges (six along Immokalee Road, four on Oil Well Road and one on Countyline Road) east of SR 29 is now completed. All eleven bridges are over 65 years old and have deteriorating timber pile foundations. The Florida Department of Transportation (FDOT) performs periodic inspections of these bridges and classified Bridge No. 030138 structurally deficient. On May 11, 2021, under Agenda Items 11C, D and E, the Board approved contracts to replace ten (10) of the eleven bridges. On September 03, 2019, the FDOT informed the county that Bridge No. 030138 was selected to receive Federal grant funding under Federal Project Identification (FPID) 444185-1-52/62-01 for the construction and CEI phases. As a result, the bridge was pulled from the ‘Eleven Bridge Replacements’ Project and executed via the Local Agency Program (LAP) process. Package D represents this bridge, and it is recommended that the Board approve the contract for the replacement of this final bridge (#030138). On March 22, 2021, the Procurement Services Division posted Invitation to Bid No. 21 -7852-ST for construction of the Bridge Replacement-Bridge Package D-1 Bridge-Grant Funded. On April 28, 2021 the County received four (4) bid responses as summarized below. Bidders: Company Name City County ST Bid Amount Responsive/ Responsible Quality Enterprises USA, Inc Naples Collier FL $2,664,766.70 Yes/Yes Thomas Marine Construction, Inc. Fort Myers Lee FL $2,903,343.43 Yes/Yes Manhattan Road and Bridge Company Fort Myers Lee FL $2,981,318.30 Yes/Yes ZEP Construction, Inc. Fort Myers Lee FL $3,049,740.61 Yes/Yes Staff determined all four bidders were responsive and responsible and found that Quality Enterprises USA, Inc, a Collier County company, is the lowest responsive and responsible bidder. Quality Enterprises USA, Inc. has been in business for 26 years and is reputable with good work history and construction results. Staff and its engineering consultant, HNTB, determined the lowest bid is fair and reasonable and recommend awarding the contract to Quality Enterprises USA, Inc. Quality Enterprises USA, Inc. is a FDOT prequalified contractor in the work classes for the construction, repair, and rehabilitation of minor bridges; construction of intermediate bridges; and other categories experience locally as well as throughout South Florida. The engineer consultant evaluated Quality Enterprises’ references and deemed them acceptable to 16.A.27 Packet Pg. 878 07/13/2021 determine experience on work of a similar magnitude judged within the last five years, which includes the contractor’s prior experience, skill and business standing and of its ability to conduct the work as completely and timely as required under the terms of the Agreement. Specifically, this firm performed as the prime contractor for the replacement of the Smokehouse Bridge in the City of Marco Island, three new bridges over canals on Burnt Store Road in Lee County and is currently the contractor for the Veterans Memorial Boulevard Extension Design-Build Project, and in all respects the firm is reputable with a good work history and construction results. The bid is 21% over the engineer consultant’s $2,201,507.26 opinion of probable cost and the cause seems likely related to recent cost increases in construction labor and materials as well as some unique project features. The bid tabulation, bid analysis, engineer’s letter of recommendation (DELORA), the Notice of Recommended Award (NORA) and contract are attached for the Board’s consideration. FISCAL IMPACT: The total funding required for this contract is $2,664,766.70. A budget amendment to appropriate grant funding, in the amount of $2,099,296.00, within Transportation Grant Fund (711), Project (66066) is included with associated item for the LAP agreement. Remaining funding in the amount of $565,470.70 is available within Infrastructure Surtax Fund (318), Project 66066. Source of funding is infrastructure surtax and Federal Highway Administration grant funding; whereby, these grant dollars are passed through FDOT via the Local Area Project (LAP) agreement. The completed project can be expected to have the following operational and maintenance impacts: minimal to no maintenance costs are expected to be incurred within the first 5 to 7 years of service for the new bridges and roadway features and will be absorbed into the regular maintenance schedule thereafter, and the new stormwater features will require minimal maintenance and will be incorporated into the regular maintenance schedule resulting in minimal cost impact. GROWTH MANAGEMENT IMPACT: The project is in conformance with the goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SAA RECOMMENDATION: To approve the award of Invitation to Bid (“ITB”) No. 21-7852-ST “Bridge Replacement - Bridge Package D - 1 Bridge - Immokalee Road,” with Quality Enterprises USA, Inc. in the amount of $2,664,766.70, authorize the Chair to execute the attached Agreement and approve the necessary budget amendments. Prepared by Marlene Messam, P.E., PMP, CPM, Principal Project Manager, Transportation Engineering Division 16.A.27 Packet Pg. 879 07/13/2021 ATTACHMENT(S) 1. Checklist 11 Bridge Replacement Project Validated - 09_02_2020 Signed (PDF) 2. 21-7852-ST - NORA (PDF) 3. 21-7852-ST_DELORA (PDF) 16.A.27 Packet Pg. 880 07/13/2021 4. 21-7852-ST - Bid Tabulation - Pkg D (PDF) 5. 21-7852-ST QualityEnerprise_Insurance 6-15-21 (PDF) 6. [Linked] 21-7852-ST QualityEnterprise_VendorSignedwBonds (PDF) 7. LAP Agreement - Immokalee Rd Bridge Stamped (PDF) 16.A.27 Packet Pg. 881 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.27 Doc ID: 15983 Item Summary: Recommendation to approve the award of Invitation to Bid (“ITB”) No. 21-7852- ST “Bridge Replacement-Bridge Package D-1 Bridge-Grant Funded” to Quality Enterprises USA, Inc. in the amount of $2,664,766.70 and authorize the Chair to sign the attached agreement related to Project 66066 - “Eleven Bridge Replacements east of SR 29” and approve the necessary budget amendments. Meeting Date: 07/13/2021 Prepared by: Title: Project Manager, Principal – Transportation Engineering Name: Marlene Messam 06/15/2021 11:50 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 06/15/2021 11:50 AM Approved By: Review: Transportation Engineering Steve Ritter Additional Reviewer Completed 06/15/2021 11:53 AM Procurement Services Caroline Blevins Level 1 Purchasing Gatekeeper Completed 06/15/2021 12:39 PM Procurement Services Barbara Lance Additional Reviewer Completed 06/15/2021 2:25 PM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 06/15/2021 3:37 PM Procurement Services Sue Zimmerman Additional Reviewer Completed 06/16/2021 4:58 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/16/2021 5:29 PM Growth Management Department Lisa Abatemarco Additional Reviewer Completed 06/17/2021 9:23 AM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/18/2021 11:29 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/21/2021 1:24 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/22/2021 12:09 PM Growth Management Department Gene Shue Additional Reviewer Completed 06/22/2021 12:54 PM Grants Carrie Kurutz Additional Reviewer Completed 06/24/2021 10:25 AM Growth Management Department Jeanne Marcella Growth Management Skipped 06/15/2021 2:06 PM County Attorney's Office Sally Ashkar Additional Reviewer Completed 06/22/2021 2:55 PM Growth Management Department Trinity Scott Transportation Completed 06/24/2021 3:11 PM Grants Valerie Fleming Level 2 Grants Review Completed 06/28/2021 4:13 PM 16.A.27 Packet Pg. 882 07/13/2021 Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/28/2021 4:27 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2021 9:37 AM Grants Therese Stanley Additional Reviewer Completed 07/02/2021 2:50 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 07/04/2021 1:15 PM County Manager's Office Mark Isackson Level 4 County Manager Review Completed 07/06/2021 7:54 AM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.A.27 Packet Pg. 883 16.A.27.aPacket Pg. 884Attachment: Checklist 11 Bridge Replacement Project Validated - 09_02_2020 Signed (15983 : Recommendation to approve the award of Tab 2 - Appendix I1 - Template – Notice of Recommended Award – NORA_rev 02-14-20 Date: _________________ Notice of Recommended Award Solicitation No.: 21-7852-ST Title: Bridge Replacement-Bridge Package D-1 Bridge-Grant Funded Bid Due Date and Time: April 28, 2021 @ 3:00 pm RESPONDENTS: Company Name City County ST Amount Responsive /Responsible Quality Enterprises USA, Inc. Naples Collier FL $2,664,766.70 Yes/Yes Thomas Marine Construction, Inc. Fort Myers Lee FL $2,903,343.43 Yes/Yes Manhattan Road and Bridge Company Fort Myers Lee FL $2,981,318.30 Yes/Yes Zep Construction, Inc. Fort Myers Lee FL $3,049,740.61 Yes/Yes Utilized Local Vendor Preference: Yes No N/A On March 22, 2021, the Procurement Services Division issued ITB Solicitation 21-7852-ST Bridge Replacement- Bridge Package D-1 Bridge-Grant Funded to forty-four thousand two hundred thirteen (44,213) vendors. Vendors viewed one hundred-eight (108) bid packages and on April 28, 2021, the County received four (4) bids, as summarized above. Staff reviewed the bids received and found all bids responsive and responsible. Staff determined that Quality Enterprises USA, Inc. is the lowest responsive and responsible bidder. Staff therefore recommends that the contract be awarded to Quality Enterprises USA, Inc., the lowest responsive and responsible bidder, based on the total contract amount of $2,664,766.70. Required Signatures Project Manager: Marlene Messam Procurement Strategist: Barbara Lance Procurement Services Director: __________________________________ Sandra Herrera DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 5/27/2021 5/27/2021 5/27/2021 5/27/2021 16.A.27.b Packet Pg. 885 Attachment: 21-7852-ST - NORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge HNTB Corporation 201 N. Franklin Street Telephone (813) 402-4150 The HNTB Companies Suite 1200 hntb.com Infrastructure Solutions Tampa, FL 33602 Ms. Barbara Lance Procurement Strategist Collier County Procurement Services 3295 Tamiami Trail East Naples, FL 34112-5361 May 18, 2021 RE: Design Entity Letter of Recommended Award Solicitation No. 21-7852-ST Bridge Replacement - Bridge Package D - 1 Bridge – Immokalee Road – Grant Funded Dear Ms. Lance: HNTB (EOR) has completed our review of the quotes submitted for the above referenced project and we are pleased to provide the following award recommendation. The scope of the Bridge Replacement - Bridge Package D - 1 Bridge – Immokalee Road – Grant Funded project includes replacing one structurally deficient bridge and providing safe roadway approaches with federal funds being administered through the Florida Department of Transportation Local Agency Program. Based on the bid tabulation (attached) provided by the Collier County Purchasing Division, Quality Enterprises USA, Inc. is the low bidder with a bid amount of $2,664,766.70, which is approximately 21% more than the project’s Opinion of Probable Construction Cost (OPCC) amount of $2,201,507.26. The bid tabulation submitted by Quality Enterprises USA, Inc. has been compared to the other bids received and the project’s OPCC to identify commonalities and a possible reason for the difference between the bid and OPCC. Five bid items common to each bid received were identified as being substantially higher than the OPCC: mobilization, temporary traffic signals for lane closures, embankment, superpave asphaltic concrete, and removal of existing bridge structures. Historical cost data published by FDOT provides average unit costs both statewide and in Area 10, which includes Collier County; this data was used in the development of the OPCC. A review of the FDOT data for the project bid items shows relatively minor shifts in average unit costs in recent years compared to the values available at the time the OPCC was developed; however, it is unlikely the FDOT historical data reflects recent market fluctuations and the rising costs of labor and construction materials, such as steel, lumber and concrete, resulting from the ongoing pandemic. Additionally, there may be unique aspects of this project that may have affected the bid price. For example, unlike the previously awarded Packages A, B, and C, which each contain multiple bridges, Package D is a stand-alone bridge replacement and may not benefit from potential economies of scale for bid items, such as mobilization, embankment, and DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 886 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Page 2 of 3 superpave asphaltic concrete. The cost of these items may be further exacerbated by the relatively rural project location and proximity to production and disposal facilities, such as might be needed for the removal of the existing bridge debris. The bridge is also located in an area without immediate access to electric utility service, which may have contributed to the higher bid cost associated with providing temporary traffic signals for phased construction depending on the contractor’s chosen means and methods. Based on all the bids received, it is difficult to identify a singular reason for the discrepancy in bid price and OPCC; however, the cause seems likely related to recent cost increases in construction labor and materials as well as some unique project features. Quality Enterprises USA, Inc. is a FDOT prequalified contractor in the work classes for the construction, repair, and rehabilitation of minor bridges; construction of intermediate bridges; and other categories. As of the date of this letter, the expiration of their current prequalification is June 30, 2021; Quality Enterprises has requested renewal and is pending confirmation from FDOT. Quality Enterprises has transportation construction experience locally as well as throughout South Florida. The projects provided by Quality Enterprises as references are primarily bridge work with Quality Enterprises as the prime contractor. HNTB contacted the provided references to discuss if the work performed by Quality Enterprises was similar in nature to the proposed Bridge Replacement - Bridge Package D - 1 Bridge – Immokalee Road – Grant Funded project and if Quality Enterprises performed acceptably on the projects. All the references were contacted, and we received responses from the following: 1) Smokehouse Bridge, City of Marco Island HNTB contacted the construction manager for the City of Marco Island who oversees infrastructure construction and maintenance. The reference provided positive feedback on Quality Enterprises’ work and confirmed that Quality Enterprises completed nearly all work as the prime contractor to replace the dual bridges carrying Collier Boulevard over Smokehouse Bay. 2) Burnt Store Road, Lee County HNTB contacted a senior engineer in the Lee County transportation engineering department, who was the project manager for the reference project. The reference provided positive feedback on Quality Enterprises’ work, which consisted of constructing three new bridges over canals and three miles of a new roadway alignment. Quality Enterprises was the prime contractor and self- performed most of the bridge construction work while subcontracting the earthwork effort. 3) Alligator Creek Bridge, City of Punta Gorda HNTB contacted the senior project manager in the City of Punta Gorda Public Works department, who was the project manager for the reference project. The reference provided positive feedback on Quality Enterprises’ work. Quality Enterprises constructed the new pile- supported pedestrian bridge over U.S. 41 as the prime contractor. 4) Downtown Venice Road Improvements, City of Venice HNTB contacted the city engineer for the City of Venice. The reference provided positive feedback on Quality Enterprises’ work, which included roadway reconstruction as well as DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 887 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Page 3 of 3 drainage, stormwater, safety, and aesthetic improvements. Quality Enterprises completed construction as the prime construction contractor. 5) World Tennis Bridge Replacement, World Tennis Club in Naples, Florida HNTB contacted the engineer of record with Bridging Solutions, LLC who designed the bridge replacement structure at the entrance to the World Tennis Club. The reference provided positive feedback on Quality Enterprises’ work for the replacement of the single-span bridge, which is privately-owned and maintained. 6) Farm Workers Village Bridge, Immokalee, Florida HNTB contacted the executive director for the Collier County Housing Authority, which is the owning agency. The reference provided positive feedback on Quality Enterprises’ work, which included the replacement of two collapsed corrugated metal pipe culverts with a two-cell concrete box culvert at the Agricultural Way entrance to the Farm Workers Village. The reference confirmed that Quality Enterprises was the prime contractor and self-performed all work. While Quality Enterprises provided four reference projects that are similar in nature to the Bridge Replacement - Bridge Package D - 1 Bridge – Immokalee Road – Grant Funded project, all references that responded to HNTB provided positive feedback on Quality Enterprises’ work. See attached for each completed response. Quality Enterprises submitted all the required bid forms and is the lowest responsive and responsible bidder. Based on the above information, HNTB recommends Quality Enterprises, Inc. be awarded the Bridge Replacement - Bridge Package D - 1 Bridge – Immokalee Road – Grant Funded project in the amount of $2,664,766.70. Please feel free to call me with any questions. Best regards, Julian W. Gutierrez, P.E. Project Manager Julian W Gutierrez Digitally signed by Julian W Gutierrez Date: 2021.05.26 12:44:46 -04'00' DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 888 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7852-ST Reference Check by: Sadie Dalton Solicitation Title: Bridge Replacement – Bridge Package D – 1 Bridge – Immokalee Road – Grant Funded Date: May 3, 2021 Bidder’s Name: Quality Enterprises USA, Inc. Phone: 850-629-3200 Design Entity: HNTB REFERENCED PROJECT: Project Name: Smokehouse Bridge Project Location: Marco Island, FL Project Description: Replacement of 2 bridges Completion Date: November 2016 Contract Value: $8,692,840 Project Owner/Title: City of Marco Island Owner’s Address: 50 Bald Eagle Drive Marco Island, FL 34145 Phone: 239-825-9554 Owner’s Contact Person: Mike Daniel E-Mail: MDaniel@cityofmarcoisland.com 1. Was project completed timely and within budget? (If not, provide detail) On Time with owner approved change orders. 2. Was the submittal/review process performed satisfactorily? (If not, provide detail) Satisfactorily 3. Was the construction process performed satisfactorily? (If not, provide detail) Excellent 4. Did the process run smoothly? Were there any changes? Describe below. Execution was seamless and construction was planned with traffic flow continuously 5. Was the contract closeout process performed satisfactorily? (If not, provide detail) Yes all testing and pre-certs done at substantial completion 6. Any warranty issues since closeout? Were they responded to and performed satisfactorily? None 7. Additional comments: Excellent work will hire again DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 889 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7852-ST Reference Check by: Sadie Dalton Solicitation Title: Bridge Replacement – Bridge Package D – 1 Bridge – Immokalee Road – Grant Funded Date: May 3, 2021 Bidder’s Name: Quality Enterprises USA, Inc. Phone: 850-629-3200 Design Entity: HNTB REFERENCED PROJECT: Project Name: Burnt Store Road Project Location: Cape Coral, FL Project Description: Construct 3 new bridges and 3 miles of new roadway Completion Date: April 2018 Contract Value: $15,849,555 Project Owner/Title: Lee County Owner’s Address: 1500 Monroe St. Ft. Myers, FL Phone: 239-533-8577 Owner’s Contact Person: Vince Miller E-Mail: VMiller@leegov.com 1. Was project completed timely and within budget? (If not, provide detail) Yes, because there was a claim settlement as part of one of the change orders. 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, the project was accepted. 4. Did the process run smoothly? Were there any changes? Describe below. Yes, even though there were some growing pains in the process. There were some issues with installation of the sea walls; the means and methods did not work with the geology of that area (e.g. jetting wall panels in loose shale soil), so adjustments had to be made to accommodate construction which began to impact critical path. The item had to be negotiated as a claim. 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? Yes, there were a few warranty items that were addressed and performed satisfactorily. 7. Additional comments: The project was successfully completed. DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 890 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7852-ST Reference Check by: Sadie Dalton Solicitation Title: Bridge Replacement – Bridge Package D – 1 Bridge – Immokalee Road – Grant Funded Date: May 3, 2021 Bidder’s Name: Quality Enterprises USA, Inc. Phone: 850-629-3200 Design Entity: HNTB REFERENCED PROJECT: Project Name: Alligator Creek Bridge Project Location: Punta Gorda, FL Project Description: Installation of pile supported pedestrian bridge Completion Date: January 2020 Contract Value: $789,015 Project Owner/Title: City of Punta Gorda Owner’s Address: 326 W. Marion Ave. Punta Gorda, FL Phone: 941-575-5060 Owner’s Contact Person: Linda Sposito E-Mail: LSposito@cityofpuntagordafl.com 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? Minor, responded to satisfactorily 7. Additional comments: DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 891 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7852-ST Reference Check by: Sadie Dalton Solicitation Title: Bridge Replacement – Bridge Package D – 1 Bridge – Immokalee Road – Grant Funded Date: May 3, 2021 Bidder’s Name: Quality Enterprises USA, Inc. Phone: 850-629-3200 Design Entity: HNTB REFERENCED PROJECT: Project Name: Downtown Venice Roadway Improvements Project Location: Venice, FL Project Description: Reconstruction of roadways and associated storm system Completion Date: August 2019 Contract Value: $9,203,128 Project Owner/Title: City of Venice Owner’s Address: 401 W. Venice Ave. Venice, FL Phone: 941-441-7285 Owner’s Contact Person: Kathleen Weeden E-Mail: KWeeden@venicegov.com 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? Yes 7. Additional comments: DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 892 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7852-ST Reference Check by: Sadie Dalton Solicitation Title: Bridge Replacement – Bridge Package D – 1 Bridge – Immokalee Road – Grant Funded Date: May 3, 2021 Bidder’s Name: Quality Enterprises USA, Inc. Phone: 850-629-3200 Design Entity: HNTB REFERENCED PROJECT: Project Name: World Tennis Bridge Replacement Project Location: Naples, FL Project Description: Replacement of bridge Completion Date: February 2019 Contract Value: $895,074 Project Owner/Title: World Tennis Club Owner’s Address: 4802 Airport Pulling Rd. Naples, FL Phone: 239-216-1370 Owner’s Contact Person: Ralph Verrastro E-Mail: ralph@bridging-solutions.com 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 – we did make some minor changes because we encountered hard rock at the end bents that were incorporated at no additional cost to the owner. 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: We were satisfied with QEs performance and include them on our short list for all of our projects in the private sector. DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 893 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Tab 2 - Appendix H2 – Template - DELORA Vendor Reference Check Log - rev 02-14-20 VENDOR REFERENCE CHECK LOG Solicitation No.: 21-7852-ST Reference Check by: Sadie Dalton Solicitation Title: Bridge Replacement – Bridge Package D – 1 Bridge – Immokalee Road – Grant Funded Date: May 3, 2021 Bidder’s Name: Quality Enterprises USA, Inc. Phone: 850-629-3200 Design Entity: HNTB REFERENCED PROJECT: Project Name: Farm Workers Village Bridge Project Location: Immokalee, FL Project Description: Replacement of owner furnished bridge Completion Date: July 2019 Contract Value: $401,004 Project Owner/Title: Collier County Housing Authority Owner’s Address: 1800 Farm Workers Way Immokalee, FL Phone: 239-657-3649 Owner’s Contact Person: Oscar Hentschel E-Mail: OHentschel@cchafl.org 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. Ran smoothly 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: A pleasure working with Quality Enterprises DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.c Packet Pg. 894 Attachment: 21-7852-ST_DELORA (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST “Bridge Project Manager: Marlene Messam Number of Notifications Sent:44,213 Procurement Strategist: Barbara Lance Number of Notifications Viewed:108 Solicitation No: 21-7852-ST Number of Bids Received:4 Project No:66066.12 Number of No Bids:0 Bid Due Date: April 28, 2021 @ 3:00 pm ITEM NO.PAY ITEM NO.DESCRIPTION UNIT EST. QTY.UNIT PRICE PAY ITEM TOTAL UNIT PRICE PAY ITEM TOTAL UNIT PRICE PAY ITEM TOTAL UNIT PRICE PAY ITEM TOTAL UNIT PRICE PAY ITEM TOTAL ROADWAY 1 0101 1 MOBILIZATION (NOT TO EXCEED 10% OF TOTAL OF ITEMS 3-68)LS 1 $220,000.00 $220,000.00 $202,140.00 $202,140.00 $219,218.96 $219,218.96 $250,000.00 $250,000.00 $154,785.64 $154,785.64 2 0102 1 MAINTENANCE OF TRAFFIC (NOT TO EXCEED 10% OF TOTAL OF ITEMS 3-68)LS 1 $120,000.00 $120,000.00 $132,775.00 $132,775.00 $20,000.00 $20,000.00 $155,000.00 $155,000.00 $143,320.04 $143,320.04 3 0101 1 1 PROVIDE/MAINTAIN "AS BUILT"LS 1 $50,000.00 $50,000.00 $10,000.00 $10,000.00 $7,500.00 $7,500.00 $4,271.30 $4,271.30 $0.00 $0.00 4 0102 2 1 SPECIAL DETOUR 1 LS 1 $25,000.00 $25,000.00 $91,500.00 $91,500.00 $214,000.00 $214,000.00 $284,743.00 $284,743.00 $57,109.74 $57,109.74 5 0102 2 2 SPECIAL DETOUR 2 LS 1 $20,000.00 $20,000.00 $58,800.00 $58,800.00 $214,000.00 $214,000.00 $130,000.00 $130,000.00 $39,658.70 $39,658.70 6 0102 60 WORK ZONE SIGN ED 13320 $0.25 $3,330.00 $0.25 $3,330.00 $0.22 $2,930.40 $0.25 $3,330.00 $0.24 $3,196.80 7 0102 71 15 TEMPORARY BARRIER, F&I, ANCHORED LF 1416 $34.00 $48,144.00 $33.20 $47,011.20 $23.00 $32,568.00 $35.21 $49,857.36 $16.13 $22,840.08 8 0102 71 25 TEMPORARY BARRIER, REL, ANCHORED LF 192 $13.00 $2,496.00 $14.80 $2,841.60 $26.00 $4,992.00 $15.68 $3,010.56 $4.63 $888.96 9 0102 74 1 CHANNELIZING DEVICE - TYPES I, II, DI, VP, DRUM, OR LCD ED 46200 $0.10 $4,620.00 $0.15 $6,930.00 $0.10 $4,620.00 $0.13 $6,006.00 $0.12 $5,544.00 10 0102 74 2 CHANNELIZING DEVICES - TYPE III, 6'ED 1200 $0.50 $600.00 $0.35 $420.00 $0.27 $324.00 $0.26 $312.00 $0.31 $372.00 11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 $2,400.00 $9,600.00 $950.00 $3,800.00 $1,150.00 $4,600.00 $1,066.02 $4,264.08 $824.24 $3,296.96 12 0102 99 PORTABLE CHANGEABLE MESSAGE SIGN, TEMPORARY ED 628 $11.50 $7,222.00 $11.40 $7,159.20 $10.25 $6,437.00 $11.64 $7,309.92 $11.37 $7,140.36 13 0102 120 TEMPORARY TRAFFIC SIGNAL FOR LANE CLOSURES ED 600 $400.00 $240,000.00 $180.00 $108,000.00 $410.00 $246,000.00 $192.79 $115,674.00 $91.69 $55,014.00 14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 780 $3.60 $2,808.00 $5.00 $3,900.00 $8.05 $6,279.00 $19.66 $15,334.80 $39.49 $30,802.20 15 0102 911 2 PAVEMENT MARKING REMOVABLE TAPE, WHITE OR BLACK, SOLID LF 420 $3.00 $1,260.00 $2.90 $1,218.00 $2.55 $1,071.00 $4.58 $1,923.60 $2.75 $1,155.00 16 0107 1 LITTER REMOVAL AC 40.47 $46.00 $1,861.62 $50.00 $2,023.50 $172.00 $6,960.84 $81.34 $3,291.83 $33.81 $1,368.29 17 0107 2 MOWING AC 35.25 $232.00 $8,178.00 $125.00 $4,406.25 $172.00 $6,063.00 $143.26 $5,049.92 $43.01 $1,516.10 18 0108 1 MONITOR EXISTING STRUCTURES- SETTLEMENT LS 1 $4,200.00 $4,200.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $7,301.23 $7,301.23 $6,207.25 $6,207.25 19 0108 2 MONITOR EXISTING STRUCTURES- VIBRATION LS 1 $4,800.00 $4,800.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $10,983.33 $10,983.33 $5,683.13 $5,683.13 20 0110 1 1 CLEARING & GRUBBING AC 2.35 $12,000.00 $28,200.00 $4,500.00 $10,575.00 $25,000.00 $58,750.00 $13,228.78 $31,087.63 $7,767.41 $18,253.41 21 0120 1 REGULAR EXCAVATION CY 257.5 $17.50 $4,506.25 $5.40 $1,390.50 $25.00 $6,437.50 $30.08 $7,745.60 $4.54 $1,169.05 22 0120 6 EMBANKMENT CY 4025.4 $24.25 $97,615.95 $33.70 $135,655.98 $32.00 $128,812.80 $29.00 $116,736.60 $9.05 $36,429.87 23 0160 4 TYPE B STABILIZATION SY 4299 $4.50 $19,345.50 $12.00 $51,588.00 $9.40 $40,410.60 $12.45 $53,522.55 $4.83 $20,764.17 24 0285709 OPTIONAL BASE, BASE GROUP 09 SY 3691 $38.50 $142,103.50 $21.50 $79,356.50 $30.00 $110,730.00 $39.66 $146,385.06 $42.09 $155,354.19 25 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC B, PG76-22 TN 395.5 $173.25 $68,520.38 $190.00 $75,145.00 $170.00 $67,235.00 $196.57 $77,743.44 $116.72 $46,162.76 26 0337 7 81 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B, FC-12.5, PG 76-22 TN 301.4 $169.00 $50,936.60 $190.00 $57,266.00 $170.00 $51,238.00 $267.66 $80,672.72 $114.70 $34,570.58 27 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 45.8 $397.50 $18,205.50 $350.00 $16,030.00 $315.00 $14,427.00 $361.32 $16,548.46 $307.03 $14,061.97 28 0524 1 29 CONCRETE DITCH PAVEMENT 4", REINFORCED SY 71 $42.00 $2,982.00 $100.00 $7,100.00 $150.00 $10,650.00 $109.83 $7,797.93 $48.13 $3,417.23 29 0530 3 4 RIPRAP - RUMBLE (DITCH LINING)TN 2.4 $689.00 $1,653.60 $200.00 $480.00 $300.00 $720.00 $305.09 $732.22 $250.93 $602.23 30 0530 74 BEDDING STONE TN 1.8 $408.00 $734.40 $200.00 $360.00 $425.00 $765.00 $305.09 $549.16 $102.81 $185.06 31 0536 1 1 GUARDRAIL -ROADWAY, GENERAL TL-3 LF 612 $26.50 $16,218.00 $33.25 $20,349.00 $25.00 $15,300.00 $31.54 $19,302.48 $19.35 $11,842.20 32 0536 8 13 APPROACH TRANSITION CONNECTION TO RIGID BARRIER, FURNISH AND INSTALL, TL-3 EA 4 $4,460.00 $17,840.00 $3,450.00 $13,800.00 $3,200.00 $12,800.00 $3,539.07 $14,156.28 $3,179.70 $12,718.80 33 0536 73 GUARDRAIL REMOVAL LF 205 $6.00 $1,230.00 $3.00 $615.00 $12.00 $2,460.00 $3.66 $750.30 $3.56 $729.80 34 0536 85 24 GUARDRAIL END TREATMENT- PARALLEL APPROACH TERMINAL EA 4 $3,840.00 $15,360.00 $3,450.00 $13,800.00 $3,300.00 $13,200.00 $3,661.11 $14,644.44 $3,110.19 $12,440.76 35 0570 1 2 PERFORMANCE TURF, SOD SY 4652 $5.00 $23,260.00 $2.50 $11,630.00 $2.25 $10,467.00 $3.66 $17,026.32 $2.66 $12,374.32 36 0700 12 21 SIGN BEACON, F&I GROUND MOUNT-SOLAR POWERED, ONE BEACON AS 4 $11,256.00 $45,024.00 $7,245.00 $28,980.00 $9,500.00 $38,000.00 $7,688.33 $30,753.32 $6,127.54 $24,510.16 37 0710 11 101 PAINTED PAVEMENT MARKING, WHITE, SOLID, 6"GM 0.788 $1,804.50 $1,421.95 $1,725.00 $1,359.30 $1,500.00 $1,182.00 $4,295.70 $3,385.01 $735.39 $579.49 38 0710 11 125 PAINTED PAVEMENT MARKING, WHITE, SOLID, 24"LF 44 $1.20 $52.80 $1.00 $44.00 $1.05 $46.20 $6.10 $268.40 $1.49 $65.56 39 0908 104 1 EROSION AND SEDIMENT CONTROL LS 1 $10,302.00 $10,302.00 $17,500.00 $17,500.00 $11,000.00 $11,000.00 $15,377.00 $15,377.90 $9,035.14 $9,035.14 ROADWAY SUBTOTAL $1,339,632.04 $1,236,279.03 $1,600,195.30 $1,712,848.74 $955,166.01 THOMAS MARINE CONSTRUCTION, INC. QUALITY ENTERPRISES USA, INC 21-7852-ST BID TABULATION BRIDGE REPLACEMENT - BRIDGE PACKAGE D - 1 BRIDGE - IMMOKALEE ROAD GRANT FUNDED (BRIDGE # 034833) ENGINEER'S ESTIMATE ZEP CONSTRUCTION, INC. MANHATTAN ROAD AND BRIDGE COMPANY 21-7852-ST Bid Tabulation 1 OF 3 DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.d Packet Pg. 895 Attachment: 21-7852-ST - Bid Tabulation - Pkg D (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST SIGNING AND MARKING 40 700-1-11 SINGLE POST, F&I, GROUND MOUNT, UP TO 12 SF AS 4 $270.00 $1,080.00 $260.00 $1,040.00 $225.00 $900.00 $335.60 $1,342.40 $317.28 $1,269.12 41 700-1-60 SINGLE POST SIGN, REMOVE AS 4 $30.00 $120.00 $28.75 $115.00 $26.00 $104.00 $109.83 $439.32 $18.92 $75.68 42 705-10-3 OBJECT MARKER, TYPE 3 EA 4 $180.00 $720.00 $173.00 $692.00 $155.00 $620.00 $115.94 $463.76 $263.00 $1,052.00 43 706-1-1 RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL SURFACE MARKINGS (YEL/YEL)EA 53 $3.75 $198.75 $3.50 $185.50 $3.10 $164.30 $13.42 $711.26 $5.00 $265.00 44 710-90 PAINTED PAVEMENT MARKINGS, FINAL SURFACE LS 1 $1,800.00 $1,800.00 $1,700.00 $1,700.00 $1,550.00 $1,550.00 $3,661.11 $3,661.11 $898.21 $898.21 45 711-11-124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18"LF 208 $4.00 $832.00 $3.75 $780.00 $3.30 $686.40 $6.10 $1,268.80 $3.90 $811.20 46 711-16-101 THERMOPLASTIC, STANDARD-OTHER, WHITE, SOLID, 6"GM 0.312 $4,961.00 $1,547.83 $4,900.00 $1,528.80 $4,500.00 $1,404.00 $8,786.67 $2,741.44 $3,905.32 $1,218.46 47 711-16-201 THERMOPLASTIC, STANDARD-OTHER, YELLOW, SOLID, 6"GM 0.312 $5,292.00 $1,651.10 $4,900.00 $1,528.80 $4,500.00 $1,404.00 $8,786.67 $2,741.44 $3,989.61 $1,244.76 48 713-103-101 PERMANENT TAPE, WHITE, SOLID, 6", FOR CONCRETE BRIDGES GM 0.074 $22,703.00 $1,680.02 $23,000.00 $1,702.00 $22,000.00 $1,628.00 $34,170.37 $2,528.61 $31,938.48 $2,363.45 49 713-103-201 PERMANENT TAPE, YELLOW, SOLID, 6", FOR CONCRETE BRIDGES GM 0.074 $22,703.00 $1,680.02 $27,000.00 $1,998.00 $26,000.00 $1,924.00 $34,170.37 $2,528.61 $29,885.02 $2,211.49 SIGNING AND MARKING SUBTOTAL $11,309.73 $11,270.10 $10,384.70 $18,426.75 3905.32 $11,409.37 STRUCTURES 50 0110 3 REMOVAL OF EXISTING STRUCTURES/BRIDGES SF 3180 $50.00 $159,000.00 $30.00 $95,400.00 $63.00 $200,340.00 $28.00 $89,040.00 $17.56 $55,840.80 51 0400 2 10 CONCRETE CLASS II, APPROACH SLABS CY 74.2 $333.00 $24,708.60 $905.00 $67,151.00 $725.00 $53,795.00 $669.00 $49,639.80 $559.61 $41,523.06 52 0400 2 47 CONCRETE CLASS II, CAST-IN-PLACE TOPPING WITH SHRINKAGE REDUCING ADMIXTURE CY 132.1 $466.75 $61,657.68 $1,520.00 $200,792.00 $950.00 $125,495.00 $999.00 $131,967.90 $676.00 $89,299.60 53 0400 4 5 CONCRETE CLASS IV, BRIDGE SUBSTRUCTURE CY 72.4 $1,142.50 $82,717.00 $2,140.00 $154,936.00 $1,400.00 $101,360.00 $1,160.00 $83,984.00 $1,340.46 $97,049.30 54 0400 9 BRIDGE DECK GROOVING & PLANING, DECK 8.5" AND GREATER SY 511 $24.00 $12,264.00 $33.00 $16,863.00 $13.00 $6,643.00 $23.00 $11,753.00 $12.50 $6,387.50 55 0400148 PLAIN NEOPRENE BEARING PADS CF 10.8 $896.50 $9,682.20 $700.00 $7,560.00 $1,200.00 $12,960.00 $932.00 $10,065.60 $1,121.54 $12,112.63 56 0415 1 4 REINFORCING STEEL - BRIDGE SUPERSTRUCTURE LB 31162 $1.25 $38,952.50 $1.00 $31,162.00 $1.45 $45,184.90 $1.15 $35,836.30 $1.24 $38,640.88 57 0415 1 5 REINFORCING STEEL- BRIDGE SUBSTRUCTURE LB 9384 $1.50 $14,076.00 $1.00 $9,384.00 $1.45 $13,606.80 $1.40 $13,137.60 $1.09 $10,228.56 58 0415 1 9 REINFORCING STEEL- APPROACH SLABS LB 12974 $1.25 $16,217.50 $1.00 $12,974.00 $1.45 $18,812.30 $1.17 $15,179.58 $1.04 $13,492.96 59 0450 8 13 PRESTRESSED BEAM: FLORIDA SLAB BEAM, BEAM DEPTH 12", WIDTH 55-57"LF 1003 $303.50 $304,410.50 $470.00 $471,410.00 $280.00 $280,840.00 $302.00 $302,906.00 $272.35 $273,167.05 60 0455 34 3 PRESTRESSED CONCRETE PILING, 18" SQ LF 1188 $176.00 $209,088.00 $148.00 $175,824.00 $130.00 $154,440.00 $143.00 $169,884.00 $127.00 $150,876.00 61 0455143 3 TEST PILES-PRESTRESSED CONCRETE,18" SQ LF 258 $220.25 $56,824.50 $325.00 $83,850.00 $150.00 $38,700.00 $215.00 $55,470.00 $238.00 $61,404.00 62 0458 1 11 BRIDGE DECK EXPANSION JOINT, NEW CONSTRUCTION, F&I POURED JOINT WITH BACKER ROD LF 171 $36.25 $6,198.75 $20.00 $3,420.00 $45.00 $7,695.00 $42.16 $7,209.36 $34.32 $5,868.72 63 0521 5 13 CONCRETE TRAFFIC RAILING- BRIDGE, 36" SINGLE-SLOPE LF 310 $108.50 $33,635.00 $162.00 $50,220.00 $112.00 $34,720.00 $103.00 $31,930.00 $165.00 $51,150.00 64 0530 1 RIPRAP, SAND-CEMENT CY 89.2 $524.00 $46,740.80 $550.00 $49,060.00 $580.00 $51,736.00 $777.78 $69,377.98 $626.90 $55,919.48 65 0530 3 3 RIPRAP- RUBBLE, BANK AND SHORE TN 840.0 $98.25 $82,530.00 $108.00 $90,720.00 $80.00 $67,200.00 $106.31 $89,300.40 $140.99 $118,431.60 66 0530 74 BEDDING STONE TN 299.2 $85.50 $25,581.60 $95.00 $28,424.00 $105.00 $31,416.00 $105.62 $31,601.50 $102.81 $30,760.75 67 0630 2 16 CONDUIT, FURNISH & INSTALL, EMBEDDED- RAILINGS LF 932 $17.00 $15,844.00 $2.00 $1,864.00 $14.50 $13,514.00 $16.10 $15,005.20 $10.74 $10,009.68 68 0635 3 13 JUNCTION BOX, FURNISH & INSTALL, EMBEDDED EA 12 $768.00 $9,216.00 $25.00 $300.00 $650.00 $7,800.00 $58.05 $696.60 $690.75 $8,289.00 STRUCTURES SUBTOTAL $1,209,344.63 $1,551,314.00 $1,266,258.00 $1,213,984.82 $1,130,451.58 COLLIER COUNTY 69 CC 950-RDW OWNER ALLOWANCE - ROADWAY T&M 1 $32,481.91 $32,481.91 $32,481.91 $32,481.91 $32,481.91 $32,481.91 $32,481.91 $32,481.91 $32,481.91 $32,481.91 70 CC 950-STR OWNER ALLOWANCE - STRUCTURES T&M 1 $56,522.64 $56,522.64 $56,522.64 $56,522.64 $56,522.64 $56,522.64 $56,522.64 $56,522.64 $56,522.64 $56,522.64 71 CC 950-SPM OWNER ALLOWANCE - SIGNING & PAVEMENT MARKING T&M 1 $570.47 $570.47 $570.47 $570.47 $570.47 $570.47 $570.47 $570.47 $570.47 $570.47 72 CC 950-MSC OWNER ALLOWANCE - OTHER / MISCELLANEOUS T&M 1 $14,905.28 $14,905.28 $14,905.28 $14,905.28 $14,905.28 $14,905.28 $14,905.28 $14,905.28 $14,905.28 $14,905.28 ALLOWANCE SUBTOTAL $104,480.30 $104,480.30 $104,480.30 $104,480.30 $104,480.30 TOTAL BID - Immokalee Rd Bridge #034833 $2,664,766.70 $2,903,343.43 $2,981,318.30 $3,049,740.61 $2,201,507.26 “Owners Allowance - for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions and/or as directed by the Owner. Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will be paid any portion or the full amount of the Allowance. Expenditures of Owners Allowance will be made through Change Order with proper documentation of Time and Materials supporting the change.” *The Contractor shall Include all dewatering and all excavation as unclassified excavation. No extra payment will be made for rock or site/soil conditions. Contractor shall provide preventative measures pertaining to seasonal flooding as necessary. 21-7852-ST Bid Tabulation 2 OF 3 DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.d Packet Pg. 896 Attachment: 21-7852-ST - Bid Tabulation - Pkg D (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST COMPLETED BID FORMS: Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Opened By: Barbara Lance Witness: Cynthia McCanna DBE Bid Pkg Info Fort Myers Fort Myers Lee Lee Lee Yes Yes Naples Collier Fort Myers THOMAS MARINE CONSTRUCTION, INC. QUALITY ENTERPRISES USA, INC Bidders Checklist (Form 12) Conflict of Interest Affidavit (Form 9) Vendor Declaration Statement (Form 10) Immigration Affidavit Certification (Form 11) Bid Schedule Bid Response Form (Form 1) Contractors Key Personnel Assigned to Project - (Form 2) Trench Safety Act Acknowledgement (Form 6) Material Manufacturers (Form 3) List of Major Subcontractors (Form 4) Statement of Experience of Bidder (Form 5) Bid Bond (Form 7) Insurance and Bonding Requirements (Form 8) Addendums (3) Place of Business County Strategist to Confirm Registration with Florida DOC on-line (Sunbiz) Strategist to Confirm License on-line w/DPBR Strategist to Confirm Bonding and Insurance Requirements Strategist to Confirm all forms completed and signed E-Verify SunBiz Notification of EEO Officer Disclosure of Lobbying on Federal-Aid Contracts Disclosure of Lobbying Activities COLLIER GRANT FORMS FDOT Qualification Local Business Tax Receipt Emergency Plan GRANTS PACKAGE Yes Yes Yes Acknowlegement of Terms, Conditionas and Grant Clauses Anticipated DBE, MWBE or Veteran Participation Statement Certification Regarding Debarment Affidavit of Vehicle Registration Certification of Sublet Work Certification of Current Capacity Non-Collusion Provision FDOT FORMS ZEP CONSTRUCTION, INC. MANHATTAN ROAD AND BRIDGE COMPANY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 21-7852-ST Bid Tabulation 3 OF 3 DocuSign Envelope ID: 057F2F87-90C1-4AA9-9F91-833CB56022D3 16.A.27.d Packet Pg. 897 Attachment: 21-7852-ST - Bid Tabulation - Pkg D (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21-7852-ST 16.A.27.e Packet Pg. 898 Attachment: 21-7852-ST QualityEnerprise_Insurance 6-15-21 (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.e Packet Pg. 899 Attachment: 21-7852-ST QualityEnerprise_Insurance 6-15-21 (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.e Packet Pg. 900 Attachment: 21-7852-ST QualityEnerprise_Insurance 6-15-21 (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.e Packet Pg. 901 Attachment: 21-7852-ST QualityEnerprise_Insurance 6-15-21 (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 902 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 903 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 904 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 905 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 906 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 907 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 908 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 909 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 910 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 911 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 912 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 16.A.27.g Packet Pg. 913 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 914 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 915 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 916 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 917 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 16.A.27.g Packet Pg. 918 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 919 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 920 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 921 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 16.A.27.g Packet Pg. 922 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 16.A.27.g Packet Pg. 923 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 16.A.27.g Packet Pg. 924 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 925 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 16.A.27.g Packet Pg. 926 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 21- 16.A.27.g Packet Pg. 927 Attachment: LAP Agreement - Immokalee Rd Bridge Stamped (15983 : Recommendation to approve the award of Invitation to Bid (“ITB”)No. 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, FL 34117-84141 a Foreign Profit Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Bridge Replacement -Bridge Pkg D- 1 Bridge-Immokalee Rd -Grant Funded, Invitation to Bid No. 21-7852-ST ("Project"), as said Work is set forth in the Plans and Specifications prepared by HNTB Corporation, 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. Scoae of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Million Six Hundred Sixty -Four Thousand Seven Hundred Seventy -Six Dollars and Seventy Cents ($2,664,776.70). Section 4. Bonds. A. If applicable, the 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.aov/c570/c570,html#certified. Should the Contract Amount be less 1 Construction Services Agreement: Revised 01.28.21 (v9) than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within three hundred thirty-five (335) 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 Department Administrator or Division 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 Six Hundred Ninety Dollars ($1,690.00) 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 01.28.21 (v9) 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 #21-7852-ST "Bridge Replacement -Bridge Pkg D- 1 Bridge-Immokalee Rd -Grant Funded. 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 13-1: Payment Bond Forms ❑ Not Applicable Exhibit 13-2: Performance Bond Forms ❑ Not Applicable Exhibit B-3: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form 3 Construction Services Agreement: Revised 01.28.21 (v9) 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 #21IJ852-ST "Bridge Replacement -Bridge Pkg D- 1 Bridge- mmokalee Rd -Grant Funded. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-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: HNTB Corporation ®Exhibit N: Environmental Health and Safety Requirements for Construction Projects Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner 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 Horseshoe Drive S Naples, FL 34104 Attn: Marlene Messam, Principal Project Manager Phone: (239) 252-5773 Email: Marlene. Messam(a)colliercountyfl.aov 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, FL 34117-8414 Attn: Louis J. Gaudio, Vice President Phone: (239) 435-7200 Email: LGaudio6geusa.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 01.28.21 (v9) Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. SectionWaiver. 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 Construction Services Agreement: Revised 01.28.21 (v9) 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. 6 Construction Services Agreement: Revised 01.28.21 (v9) IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) indicated below. CONTRACTOR: T 0 WITNESSES* Quality Enterprises USA, Inc. A /L - FIRST WITNESS Anna Rice Print Name SECOND WITNESS Marcie Cohen Print Name pate: ATTEST; Crystal K. Kinzel, Clerk of Courts & Comptroller BY: Approved as to Form and Legality: Assistant County Attorney Print Name By: Louis J. Gaudio Vice President �L3), Print Name and Title pate OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY. Pei,ny Taylor, Chair Construction Serv�cPs Agreement Revised 0�.2E3,21 (v9) 'its EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 O Construction Services Agreement: Revised 01.28.21 (v9) 5olicitatlon No: 21.7862-ST Project No: 88066.12 Protect Tltlo; Bridgo Ropiacement • Brldge Packago D • 1 Bridgo • Immokales Road •Grant Funded Bld Dus Date: Aprll 23, 2021 @ 3:00 pm 21-7852-ST BRIDGE REPLACEMENT -BRIDGE PACKAGE D -1 BRIDGE • IMMOKALEE ROAD GRANT FUNDED (BRIDGE # 034833) BID SCHEDULE BIDDER: Quality Enterprises USA Inc. ITEM N0, PAY ITEM N0, DESCRIPTION UNIT EST. QTY, UNIT PRICE PAY ITEM TOTAL. ROADWAY 1 0101 1 MOBILIZATION (NOT TO EXCEED 10% OF TOTAL OF ITEMS 3-88) LS 1 5220,000.00 5220,000.00 2 0102 1 MAINTENANCE OF TRAFFIC (NOT TO EXCEED 10% OF TOTAL OF ITEMS 3.68) LS 1 $120,000.00 $120,000.00 3 0101 1 1 PROVIDE/MAINTAIN "AS BUILT" LS 1 $60,000.00 $50,000.00 4 0102 2 1 SPECIAL DETOUR 1 LS 1 $26,000.00 $26,000.00 6 0102 2 2 SPECIALDETOUR2 LS 1 $20,000.00 520,000.00 8 0102 80 WORK ZONE SIGN ED 13320 $0.26 $3,330.00 7 0102 71 16 TEMPORARY BARRIER, F&I, ANCHORED LF 1416 $34.00 $40,144.00 8 0102 71 25 TEMPORARY BARRIER, REL, ANCHORED LF 192 $13.00 $2,498.00 9 0102 74 1 CHANNELIZING DEVICE -TYPES I, Il, DI, VP, DRUM, OR LCD ED 46200 $0,10 54,820.00 10 0102 74 2 CHANNELIZING DEVICES •TYPE III, 6' ED 1200 $0.60 $800.00 11 0102 89 1 TEMPORARY CRASH CUSHION LO 4 $2,400,00 $9,800.00 12 0102 99 PORTABLE CHANGEABLE MESSAGE SIGN, TEMPORARY ED 828 $11.50 57,222,00 13 0102 120 TEMPORARY TRAFFIC SIGNAL FOR LANE CLOSURES ED 800 $400.00 $240,000.00 14 0102 909 TEMPORARY RAISED RUMBLE STRIP ED 780 $3,80 52,806.00 15 0102 911 2 PAVEMENT MARKING REMOVABLE TAPE, WHITE OR BLACK, SOLID LF 420 $3.00 51,280.00 16 0107 1 LITTER REMOVAL AC 40,47 $48.00 51,881.82 17 0107 2 MOWING AG 36,25 5232.00 $8,176.00 18 01081 MONITOR EXISTING STRUCTURES• SETTLEMENT LS 1 $4,200.00 $4,200.00 19 0108 2 MONITOR EXISTING STRUCTURES -VIBRATION LS 1 54,800,00 $4,800.00 20 0110 1 1 CLEARING &GRUBBING AC 2.35 $12,000.00 528,200,00 21 0120 1 REGULAR EXCAVATION CY 267.b $17,60 54,606.26 22 0120 8 EMBANKMENT CY 4026.4 $24.26 $97,81b.96 23 0180 4 TYPE B STABILIZATION SY 4299 $4.50 519,346.60 24 0286709 OPTIONAL BASE, BASE GROUP 09 SY 3891 $38,60 $142,103.60 25 0334 1 52 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC B, PG76.22 TN 396.5 $173.26 $88,620.38 28 0337 7 61 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B, FC-12.6, PG 78.22 TN 301.4 $169.00 560,938.60 27 0339 1 MISCELLANEOUS ASPHALT PAVEMENT TN 46,0 5397.60 $16,206.60 28 0524 1 29 CONCRETE DITCH PAVEMENT 4", REINFORCED SY 71 $A2.00 $2,982,00 29 0630 3 4 RIPRAP -RUMBLE (DITCH LINING) TN 2.4 $869.00 $1,863,60 30 0630 74 BEDDING STONE TN 1,8 5400.00 $734.40 31 0536 1 1 GUARDRAIL •ROADWAY, GENERALTL-3 LF 812 $28.60 S18,210.00 32 0636 813 APPROACH TRANSITION CONNECTION TO RIGID BARRIER, FURNISH AND INSTALL, TL-3 EA 4 54,480.00 $17,840.00 33 0638 73 GUARDRAIL REMOVAL LF 206 $8,00 51,230,00 34 0538 86 24 GUARDRAIL END TREATMENT- PARALLEL APPROACH TERMINAL EA 4 $3,840.00 S16,380.00 35 0670 1 2 PERFORMANCE TURF, SOD SY 4652 $6.00 $23,280,00 38 0700 12 21 SIGN BEACON, F&I GROUND MOUNT -SOLAR POWERED, ONE BEACON AS 4 511,258,00 546,024.00 37 0710 11 101 PAINTED PAVEMENT MARKING, WHITE, SOLID, 6° GM 0.788 51,804,50 $1,421.96 38 0710 11 126 PAINTED PAVEMENT MARKING, WHITE, SOIiD, 24" LF 44 $1.20 $62.80 39 0900104 1 EROSION AND SEDIMENT CONTROL LS 1 510,302.00 $10,302,00 ROADWAY SUBTOTAL $1,338,632.04 21.7652-ST BW Schedule 1 of 2 Project No: 88068,12 project?itlo: BrldOe Replacement - 8rldge Package D -1 Bridgo • Immokaleo Road -Grant pundod Bid Due Date: April 23, 2027 @ 3;00 pm 21-7852-ST BRIDGE REPLACEMENT -BRIDGE PACKAGE D -1 BRIDGE - IMMOKALEE ROAD GRANT FUNDED (BRIDGE # 034833) BID SCHEDULE BIDDER: Quality Enterprises USA, Inc. 11 • • t' • 1 • • �� '. 1 11 . �� 1 : 1 I i 11 •1 t •• • 1 11 . 111 1• 1 •: �� . it 11 111 1' • • �� 1 it •• • •• ill 11 ill 11 �� •. ••• • • 1 . ®�� .. .: 1f � II� 1 •. ••-• • • • 1 : .. 1 • � 1: i �1.11 1 • •'•• �® 11 �If •1 1 11 • • • 1 • ��® .: 1 11 • 1 • • . t .. • 1 :!: 1 ii 1 �� •- �• 1 ��_ .ill:• •1 ® • t • � t ® I 1 : 11 1®. •' t •••� �� IS �® ® 1• - • • • • • • •• 1 • �•• • • •• �� • 13 1 _; . 11 �1 1 1 ®� • 11 •1 it •• •• 1• 1 : 1 �®� • f i 1 1 : • • : •• • ®® 11 11 �1. • : • • 1 • �® : i / 1 11 i1�� • IS • • • 1'1 • • '•'• �_�_�_�il i �� • • �� ®��• • • • �� •1• i •1 f • • � :t 1 �raTA-.a. x .r..v<. pG...;1,:: .,,. , r ^ �;. -`+.: �' 'I 11 �t0 ti,�ID � tU� o ��e t�� i��9�,��$41�33r:.:�,+�.,-,.��fi4�.��..`�,� Lb.< 't' iF.a{'.} ft�v.!.t ,.t. _> 4a� n. :.i.n,.-" LLa.� � 'S i t"7.rTtlfT �. .it5r�z°5 t''te 1...' t t r, t F � 3n 8e � , i ��t �+, � o , � w. ss �. „� �� .ca )?._.�_.. � �s J�� it { n � ,1 ��?�a��.��, i i �f`yi�if x , � { �'w yj i� �t�'t � ail � " i 5 �n r � r � �`t ,� r r �� 3t , a+ t `�, �t r� r ' �._4, ,.�<<��,nfit�.�ir�,t�.,.<:i<,. �,. f..x.. us.3>f4_•_. t �2,664,?,.f6 TO �_�, _...::..:.? _..., ,��' _.�.�.J:sL.— "Owners Allowance •for Owners Use as Directed. This Allowance will be used only at the Owner's direction to accomplish work due to unforeseen conditions andlor as directed by the Owner• Inclusion of the Allowance as part of the Contract Price is not a guarantee that the Contractor will ba paid any portion or the full amount of the Allowance. Expendlluras of Owners Allowance will be made through Change Order with proper documentation of Tlme and Materials supportln9 lha change.' 'The Contractor shall Includa all dewalering and all excavation as unclassified excavation. No extra payment will be made for rock or site/soli conditions. Contractor shall provide preventative measures pertaining to seasonal Gooding as necessary. 2t-7052-ST 61d Schodulo 2 or 2 EXHIBIT A=2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 01.28.21 (v9) Email; Barbara.Lance@colliercountyfl.gov Telephone; 239,252.8998 ADDENDUM # 1 Date: April 1, 2021 rrom: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 1— 21-7852-ST -Bridge Replacement -Bridge Plcg D - 1 Bridge - Irnmokalee Rd — Grant Funded This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: CLEARING AND GRUBBING -REMOVAL OF EXISTING BRIDGES —GENERAL. (REV 9-10-07) (FA 245-08) (1-21) SUBARTICLE 110-6.1 is expanded by the following: The Contractor may volunteer to deliver the debris from bridge numbers 030136, 0301375030139, 030140, 030141, 030153, 030154, 030155, 0301565 and 030158 on this Contract isr4esignawd to Collier County Coastal Zone Management Section of the Capital Project Planning, Impact Fees and Program Management Division. This agency has requested delivery of the bridge debris to Collier County Landfill, 3730 White Lake Boulevard, Naples, Florida, which is 45 miles fi•om the project site. The Contractor assumes sole responsibility for the coordination and delivery of the debris to the designated location, at no cost to the Department. The Contractor will be exempt from landfill usage fees for only the debris selected by Coastal Zone Management prior to delivery. Upon receipt of the debris, the receiving agency is responsible for additional costs of processing, delivery, placement, and use of the material and assumes legal and permitting responsibility for the placement of the debris. Payment for transportation cost deUver'y of the debris to the designated location is included in the cost for demolition. The n•oss allowable trarrtity, of debris is� _ P.flcl�a„ge D - 226 TN ADDITION: The "Meeting Minutes" and "Sign -In Sheets" from the April 1, 2021, Pre -Bid Meeting have been posted to BidSync. 1 If you require additional information please post a question on our Bid Sync (www.bidsync,com) bidding platform under the solicitation for this project, Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. =— 4/1 /21 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) CAO Email; Barbara.Lance@colliercountytLgov Telephone: 23 9, 252. 8998 ADDENDUM # 2 Date; April 14, 2021 Trom: Barbara Lance, Procurement Sh•ategist To: Interested Bidders Subject: Addendum # 2 — 21-7852-ST -Bridge Replacement -Bridge Plcg D - 1 Bridge - Immokalee Rd — Grant Funded This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: .ADDITION: A. 21-785Z-ST Addendum 2 —Consolidated Questions and Answers The "Question and Answer period has closed. • All questions to date have been answered. o Questions and Answers are hereby incorporated into the bid. If you require additional information please post a question on our Bid Sync (www.bids�o,com) bidding platfortn under the solicitation for this project. Please sign below and return a copy of this Addendum with yoiu• submittal for the above referenced solicitation. (Signature) Louis J. Gaudio, Quality Enterprises USA Inc (Name of Firm) 4/14/21 Date 1 Email: Barbara.Lance@colliercounq r:,uv Telcphone: 239.252.8998 ADDENDUM # 3 Date: April 21, 2021 from: Barbara Lance, Procurement Strategist To: Interested Bidders Subject: Addendum # 3 — 21-7852-ST -Bridge Replacement -Bridge Plcg D - 1 Bridge - Immokalee Rd — Grant Funded This Addendum has been issued for the following items identifying clarifications, changes, deletions, and/or additions to the scope of work, solicitation documents and/or bid schedule for the above referenced solicitation: CHANGE 1: A revised "Exhibit I -Grants Provisions and Assurance Package" has been uploaded to BidSync correcting the "Wage Rates". CHANGE 2 The Bid "End Date" has been extended from,4�r-i1�3,'^'� ^':^^ �t0: April 28, 2021 @ 3:00 pm If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) LOUIS J. Quality Enterprises USA, Inc -(Name of Firm) 4/21 /21 Date FORM 1 BID RESPONSE FORM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BRIDGE REPLACEMENT —BRIDGE PI{G D —1 BRIDGE - IMMOKALEE RD -GRANT FUNDED BID NO, 214852-ST Place of Business Same Telephone No. �9-435-7200 Fax No. 239-435-7202 State Contractor's License # CBCA57231, CUC057398 State of Florida Certificate of Authority Document Number F95000002550 Federal Tax Identification Number 4�� 470�_ DUNS # 050997386 CCR# N/A ,Cage Code OXMZ7 To; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Biddeproposes, and agrees if this Bid is s accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in nomore than two decimal points, and in the case where further decimal points are hradverterrtly provided, rounding to two decimal points will be conducted by Procurement Services Division staff, Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Construction Solicitation Doc rev 02-29-20 Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within three hundred thirty-five (335) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Acceptance and acknowledged by an Authorize Agent Signature Title: Vice President Date: 4/28/21 Construction Solicitation Doc rev 02-21-20 FORM 2 - CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROTECT BRIDGE REPLACEMI+aNT —BRIDGE PICG D --1 BRIDGE - IMMOKALEE RD -GRANT rUNDED Bid No. 21-7852-ST Name Chuck Smith Fred Weidner Consfrucfion Solicitation Doc rev 02-21-20 Personnel Cateaoiv Construction Superintendent Project Manager FORM 3 - MATERIAL MANUFACTURERS TIIIS FORM MUST BE COMPLETED OR BID SHALL 13E DEEMED NON -RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company;' Qualm Enterprises USA Inc Signature; Date: ouis Gaudio. ice President . Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL 1, 2. 3. 4. 5. Please insert additional pages as necessary. Company; Signature; Construction Solicitation Doc rev 02-21-20 4/28/21 EXCEPT'iON MANUFACTURER Date FORM 4 - LIST OF MAJOR SUBCONTRACTORS: THIS LIST MUST B1; COMPLiJT1♦aD OR BID MAY BIr DI;I1MIaD NON-RFSPONSIVi+; 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 Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non -compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1 • Piles 21 Concrete 3, Site Work 4• Paving 5• Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule N/A Company; Quality Enterprises USA, Inc Signature; Construction Solicitation Doc rev 02-21-20 Date: 4/28/2 � rORM 5 - STATEMENT OF EXPERIENCE OI+ BIDDER ' The Bidder is required to state 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. 2. 3. Smokehouse Bridge (project name) Marco Island, FL (project location) Replacement of 2 bridges (project description) 7/15 - 11/16 � 8,692,840 (project start/completion dates) (contract value) Burnt Store Road (project name) Cape Coral, FL (project location) Construct 3 new bridges and 3 miles of new roadway (project description) 10/15 - 4/18 $ 15.849,555 (project start/completion dates) (contract value) Alligator Creek Bridae (project name) FWF Punta Gorda FL (project location) Installation of pile supported pedestrian bridge (project description) 8/19 - 1/20 $ 789,015 (project start/completion dates) (contract value) Gonsfruction SoNcitatlon Doc rev 02-21-20 City of Marco Island (project owner) 50 Bald Eagle Drive, Marco Island, FL 34145 (Owner's address) Mike Daniel Construction Manager (Owner's contact person) (title) 239-825-9554 MDANIEL@CITYOFMARCOISLAND,COM (phone) (email) Lee County (project owner) MFL 1500 Montroe St Ft yers, (Owner's address) Vince Miller Proiect ManaManager (Owner's contact person) (title) 239-533-8577 MILLER a�LEEGOV.COM (phone) (email) City of Punta Gorda _ (project owner) Linda Sposito Senior Project Manager (Owne►•'s contact person) (title) 941-575-5060 LSPOSITO@CITYOFPUNTAGORDAFL.COM (phone) (email) FORM 5 - STATEMENT OF EXPERIENCE OF BIDDER 4. Downtown Venice Roadway Improvements City of Venice (project name) (project owner) S, 6. Venice, FL (project location) Reconstruction of roadways and associated storm system (project description) ZJ_9j$L19 __-�,2Q3,128- (project completion date) (contract value) World Tennis Bridge Replacement (prc,ject name) Naples, FL (project location) Re lacement of bridge (project description) 7/18 - 2/19 � 895,074 (project completion date) (contract value) Farm Workers Village Bridcle (project name) Immokalee, FL (project locatioo) Replacement of owner furnished bridge (project description) 4/19 - 7/19 _ s 401,004 (project completion date) (contract valve) 401 W. Venice Avenue, Venice, FL (Owner's address) Kathleen Weeden _ City Engineer (Owner's contact person) (title) 941-441-7285 KWEED)z1JLa�.VENICEGOV COM (phone) (email) _World Tennis Club (project owner) 4802 Airport Pulling Road Na es FL �_ (Owner's address) Gregg Osborn General Manager (Owner's contact person) (title) 239-263-5068 WTCNAPLESMANAGER@GMAIL.COM (phase) (email) Collier County Housing Authority (project owner) 's address) Oscar Hentschel Execu#�ve Director (Owner's contact• person) (title) 239-657-3649 OHENTSCHEL@CCHAFL,ORG (phone) (email) Company; Quality Enterprises USA, Inc, Signature; _ Date; 4/28/21 pis—. Gaudio, Vice President Constructlan Solicitation Dac rev 02-21-20 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Cost Measure Measure uantit Cost (Description) LF SY TOTAL $ 500 QO Failure to complete the above may result in the Bid being declared non -responsive. Company; ualit Enterprises USA, Inc. __ Signature; _ ./�--� Dates 4/28/21 Construction Solicitation Doc rev 02-21-20 FORM 7 .1111) BOND I(NOW ALL MEN BY THL?SE PRBSENTS, that we Quality Enterprises USA, Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland , (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the city of Schaumburg and authorized to (to business in the State of Florida are held and firmly bound unto the Board of County Commissioners, Collier County, Florida (hereinafter called the Owner), in the full and just sum of-Five•Percent-of-Amount-Bid•••- dollars ($ 5%wof-Bid--- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, Whereas, rho Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all tabor, materials, equipment and incidentals necessary to Rimish, install, and fully complete the Work on the Project known as Bld No. 21-7852-ST BRIDGE REPLACBMENl IIRIDGL PICG D4 BRIDGE,E-IMMOICALL, E RD - GRANT FUNDED. NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCII'AI., and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or ContractDocunients with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect, IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 23rd day of April , 2021 Quality Enterprises USA, Inc. BY Fidelity and Deposit Company of Maryland Counter•, Appointed Producing A�ent for' Fidelity and Deposit Company of Maryland NOn•ROs dent Principal (Soil) Surety (Seal) ZURICII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY TI[ESE PRESENTS; ThME e 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 Mark C. BUNDY, Kathryn SNELL, Tammy A. WARD, Terri K. STRAWHAND, Daniel J. GRYGO, Devon C. HEATH of Virginia Beach, Virginia, EACH, its true and lawful agent and Attorney -ln-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 tite 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 WIIEREOF, 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, SIT MPANY OF MARYLAND, this 20th day of November, A,D. 2020, '^0 OEIOf�r uloo CO ATTEST: 7URICII AMGRICAN INSURANCE COMPANY COLONIAL AMGRICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Mterr•ny Vice President 6y: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20t1t day of November, A.D, 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D, Mw•ray, Vice President and Dawn G. IIrown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instnrment, 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 seats 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. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Authenticity of this bond cRn be confirmed Rt bondvRiidatot•.zurictinR.com or 410-559-8790 EXTRACT FROM I3Y-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 signahrre 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 )Actors 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 I Oth 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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 23rd day of April 2021 , FAG OE�Os� a?Wjs toy°n'y,�,. a s a� L k.a n 110 By: Brian M. Hodges 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 BONA NUMBER, AND YOUR CONTACT INFORMATION TOO Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Nww.reDortsfelaims(@,zitrichna.com 800-6264577 Authenticity of this bond can be confirmed at bondvalidator.zurichna,com or 410-559-8790 FORM 8 - INSURANCE AND BONDING Ri, QUIREMENTS 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 FORM 8 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of inter•est's 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 FORM 8 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. Coveragejs) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance eoverage,L) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s2 and charge the Vendor for such coverageLs,) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage,(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents, If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. Collier County it Insurance and Bonding Requirements Insurance / Bond Type Required Limits L ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by'the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://Vps.fldfs,com/bocexeMpt/ 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 $_1,000,000 single limit per occurrence, $2,000,000 aggregate for current ISO form Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor 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 Contractor/Vendor in the performance of this Agreement. 5. ®Automobile Liability 6. ® Other insurance noted: $^1,000,000 Each Occurrence; Bodily Injury & Property Damage; Owned/Non-owned/Hired; Automobile Included as ® Watercraft $ 1,000,000 Per Occurrence ❑ United States Longshoreman's and Iiarborworker'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 $ 1,000,000 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 7. ® Bid bond 8, ® Performance and Payment Bonds 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. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc, of 75 Fulton Street, New York, New York 10038. 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. 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. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 2/18/21 - CC Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands 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. XCo per County Administrative SerVices Department Procurement Services Division rORM 9 — CONFLICT OT INT>;I2IaST ArrIDAVIT 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 miles — 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. Quality Enterprises USA Inc. Company Name Signature Louis J Gaudio Vice President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of ®physical presence or ❑online notarization, this 28th day of April (month), _�021 (year), by of person acknowledging). (Signature of Notary Yubtic -Mate or riorraa� Marcie L Cohen (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification ascucnma�m�rcaacw.mas� N/A Knnwn vGs�o. MARCIE I„ CONEN Type of Identification Produced =.; ,. MY CpMMISSION GG 1520Gfi P�•` EXPIRES: Fobrrrary 1.1, 2022 l�o , Bonded Thru Nottav Public Underwrilm s ca Meow Cormuty Administrative Services Department Procurement Services Division FORM 10 - VI NVOR DECLARATION STATI:MGNT BOARD OF COUNTY COMMISSIONERS Collier County Government 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 hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document For the purpose of establishing a formal contractual relationship between 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 awarded a contract for these goods and/or services, the vendor will not be 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 this awarded contract. 1N WITNESS WHEREOF, WE have hereunto subscribed our names on this 2$th day of April , 2021 in the County of Collier , in the State of Flori n Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone; Email; Signature by: (Typed and written) Title: Quality Enterprises USA Inc 3494 Shearwater S teat - Naples, FL 34117-8414 F95000002550 54 0947002 239-435-7200 LGAUDIOaQEUSA COM Vice President Additional Contact Informatiomi Send payments to: (required if different Company name used as payee from above) Contact name: Title: Address: City, Stato, ZIP Telephone: Email; Office servicing Collier Title: Address: City, State, ZIP Telephone; Email: Secondary Contact for this Solicitation: Email; Phone: comre er col:Kty Administrative Services Department Procurement Services Division FORM 11- IMMIGRATION ArrIDAVIT CI;RTIrICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's bid. Acceptable evidence consists of a copy of the properly completed &Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company which will be produced at the time of the submission of the Vendor's bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor• who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier 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 bnmigr•ation Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's bid. Quality Enterprises USA, Inc. Company Name Signature LnuriG I Gaudio, Vice President Print Name and Title State of Florida County of Collier The foregoing instrument was acknowledged before me by means of ®physical presence or ❑online notarization, this 28t day of April (month), 2021 (year•), by Louis J. Gaudio (name of person acknowledging). of Notary Public -State of Florida) Marcie L. Cohen (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification N/A -Known ,•�hv ��%d;-; MAROIC l., CQt-IFN Type of Identification Produced ,: ,,. MY COtJPA15SI0N li GC 15206fi EXPIRES: February11, 2022 Bonded Thru Notary Pebllo Undorwrltoi 11/10/2020 E-Verify: Employer Wizard -Company Information Welcome Company Jacquelyn Horeth QUALITY ENTERPRISES USA, INC Company Information CompanyNamo QUALITY ENTERPRISES USA, INC Physical Locaticn Addroos 1 3484 Shearwater St Addross 2 City Naples state FL zip code 34117 County COLLIER Additio na I I nfo r mat 1 on Employor Idontllioallon Number 540947002 Adminiatrator QUALITY ENTERPRISES USA INC Company ID Number 234219 GUNS Number Melling Address Addross 1 Address 2 City state zip coda Total Numbor of Employoos 100 to 499 useriD =MENU JHOR2058 Doing auslnoss As (OBA) Neme Parent Organization Organixatlon Designation Employor Cstogory Federal Contractor without FAR E-Verify Clause View /Edit NAICS Code Tatal Hlrtng Sltos Total Points of Contact 238 -SPECIALTY TRADE 1 2 I CONTRACTORS VIowlEdit VlowlEdlt View I Edit � View Original MOU Template t �,�I�� 'xnvA U.S. Department of Homeland Security U,S. Citizenship and Immigration SeMces Enable Permanent Tooltlps Accesslblilty Download Viewers Last Login:lll10I2020 0t:30 PM https;lie-verify.0 scis.gov/weblEm ployerW izard.aspx FORM 12 - BIDDERS CHECKLIST IMPORTANT: No bid shall be considered unless His made on unaltered Bid forms which are included in the Bidding Documents, 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 and accepted in BidSync: a, Construction bid instructions form b. Construction services agreement c. Purchase order terms and conditions 8. All of the following bid forms have been completed and signed: a. Bid Form (Form 1) b, Contractors ICey Personnel (Form 2) e, Material Manufacturers (Form 3) d. List of Major Subcontractors (Form 4) e. Statement of Experience (Form 5) f. Trench Safety Act (Form 6) g. Bid Bond Form (Form 7) h. Insurance and Bonding Requirements (Form 8) i. Conflict of Interest Affidavit (Form 9) j. Vendor Declaration Statement (Form 10) k, Immigration Law Affidavit Certification (Form 11) MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE 1. Signed Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. 9, Copies of required information have been attached a. Business tax Receit (Collier County Businesses pOnly) b. Company's E-Verify profile page or memorandum of understanding c. Certificate of Authority to Conduct Business in State of Florida (sunbiz,or•g) d. Any required professional licenses — valid and current (myfloridalicense.com) (ice 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, or• you MAY be DEEMED NONRESPONSIVE, 12. The Bid will be uploaded in time to be received no later than the specified opening date and time, otherwise the Bid cannot be considered. Florida Deoerltnenl of Stale �a F Department of State / pivision of Corporations /Search Records /Search by Entity Name / Detail by entity Name Foreign Profit Corporation QUALITY ENTERPRISES USA, INC. Filing Information Document Number F95000002550 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11 /04/2016 Mailing Address 3494 SHEARWATER STREET NAPLES, FL 34117 Changed: 11/04/2016 Registered Agem. Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 12/04/2017 Address Changed: 12/04/2017 OfficerlDirector Detail Name &Address Title PD MURRELL, HOWARD JJR. 3494 Shearwater Street NAPLES, FL 34117-8414 Title ST MURRELL, STACEY DIVh;ION OF C AORPCAATJONS 3494 Shearwater Street NAPLES, FL 34117-8414 Title Chief Information Officer / Assistant Secretary Murrell, Allison B 3494 Shearwater Street NAPLES, FL 3411M414 Title VP Gaudio, Louis J 3494 SHEARWATER STREET NAPLES, FL 34117 Title Construction Technology Manager Murrell, III, Howard J 3494 SHEARWATER STREET NAPLES, FL 34117 Title Director of Risk Management Murrell, Rachel S 3494 SHEARWATER STREET NAPLES, FL 34117 Annual Resorts Report Year Filed Date 2020 01/15/2020 2020 02/10/2020 2021 02/03/2021 Document Images 02l0312021 02l1012020 --ANNUAL REPORT --AMENDED ANNUAL REPORT 01/15/2020 -- ANNUAL REPORT 02/11/2019 -- AMENDED ANNUAL REPORT 01/07/2019 -- ANNUAL REPORT 01/241201II8- ANNUAL REPORT 12/04/2017 -- Reg Agent Change UW21/2017 -- AMENDED ANNUAL REPORT 05/02/2017 -mP.MENDE[7 ANNUAL REPORT 02/06/2017 -- ANNUAL REPORT 01/25/20166 ANNUAL REPORT 01/2912015 -- ANNUAL REPORT 01/08/2014 -- ANNUAL REPORT 01I0912013 -- ANNUAL REPORT 01/0612012 -- ANNUAL REPORT 11/0812011 -- Reg. Anent Chan e View image in PDF format View e imagPER in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF- format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 01/2712011 -- ANNUAL flEPOF2T 02/05i2010 ANNUAL REPORT 01/14/2009 -- ANNUAL REPORT 09/26/2008 -- ANNUAL REPORT 01/24/2008 -- ANNUAL REPORT 02/05/2007 -- ANNUAL REPORT 01/23i2006�- ANNUAL REPORT O1/1212005 -- ANNUAL REPORT 01129/2004 --ANNUAL REPORT 02/06/2003 -- ANNUAL REPORT 06/13/2002 -- ANNUAL REPORT 02/06i2002�ANNUAL REPO.R r 04/03/2001 -- ANNUAL REPORT 08/28/2000 -- ANNUAL REPORT 0413011999 ANNUAL REPORT 02/03/1998 -- ANNUAL REPORT 04/21i1997�kNNU)�L. REP0EL 0510111996 -- ANNUAL REPORT Q5(25 1995 -- [?OCUMENTS PRfOR TO 199' View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 1 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format i View image in PDF format EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Chuck Smith Fred Weidner Personnel Cate2a X Construction Superintendent Project Manager 10 Construction Services Agreement: Revised 01.28.21 (v9) HaMPTON ROADS BONDING A Marsh & McLennan Agency LLC Company June 10, 2021 Board of County Commissioners Collier County, Florida 3295 Tamiami Trail East Naples, FL 34112 Hampton Roads Bonding 1080 Laskin Road, Suite 204 Virginia Beach, VA 23451 +1 757 491 1100 Fax +1 757 4913134 www.hrbonding.com Re: Quality Enterprises USA, Inc. —Bond No. 9377224 Bridge Replacement - Bridge Pkg D-1 Bridge — Immokalee Road — Grant Funded Contract No. 21-7852-ST To Whom It May Concern: I, Tammy A. Ward, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds once established by the county. Sincerely Tammy A. Wa MARSH & MCLENNAN AGENCY EXHIBIT B-1: PUBLIC PAYMENT BONU ITB# 21-7852-ST Bond V. 9377224 Contract No. 21-7852-ST 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 Two Million, Six Hundred Sixty Four Thousand, Seven Hundred Seventy Six 70/100 ($ 2,664,776.70 ) 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 Bridge Replacement . Bridge Pkg61 Bridge - Immokalee Rd in 20 with Obligee for Grant Funded accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255,05(2), In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 10th day of June 2021 the name of each party being affixed and these presents duly signed by its under -signed representative, pursuant to authority of its governing body. Construction Services Agreement; Revised 01.28.21 (v9) �`� j'`j Signed, sealed and delivered in the presence of: Witnesses as to Principal Adrian Reid STATE OF Florida COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. 8Y; NAME: Louis J. Gaudio ITS: Vice President The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this 10th day of June 20 21 , by Louis J. Gaudio as Vice President of Quality Enterprises USA Inc a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A - Known as identification and did (did not) take an oath. My Commission Expires; 2/11/22 eel (Signature of Notary Public) .tY eel MARCIE L. COHEN MY COMMISSION # GG 152066 NAME; Marcie L. Cohen EXPIRES: February'I 1, 2022 Bonded Thru Notary Public Underwriters (Legibly Printed) (AFFIX OFFICIAL SEAL) ATTEST: Notary Public, State of Florida Commission No.: GG 152066 SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 12 Construction Services Agreement: Revised 01.20.21 (v9) � Fidelity and De osit Company of Maryland OR As Attorney Fact �.� (Attach Power of Attorney) 6L G— Daniel J. Grygo, Attorney -in -Fact Witnesses Devon C. Heath (Printed Name) STATE OF xUoJyfiofrA Virginia City of Virginia Beach 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 757-491-1100 (Telephone Number) The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this loth day of June 20 21 by Daniel J. Grygo as Attorney -in -Fact Of Fidelity and Deposit Company of Maryland , a Illinois corporation, On behalf of the corporation. HeAft is personally known to me OR has produced as identification and did (did not) take an oath, My Commission Expires September 30, 2023 Name: (AFFIX OFFICIAL SEAL) TAMMY A. WARD NOTARY PUBLIC l;EGISTRATION NUMBER COMMONWEALTH OF VIRGINIA 259496 (Signature of Tammy A. Ward (Legibly Printed) ublic) Notary Public, State of: Virginia Commission No.: 259ass Construction Services Agreement; Revised 01.28.21 (v9) .eQ� .i EXHIBIT B-2. PUBLIC PERFORMANCE BOND ITB# 21485MT KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as BOnd N0. 9377224 Contract No, 21-785MT Quality Enterprises USA, Inc. Fidelity and Deposit Company of Maryland 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 Two Million, Six Hundred Sixty Four Thousand, Seven Hundred Seventy Six 701100 ($ z,ssa,77s.7o )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 20 1 with Obligee Bridge Replacement Bridge Pkg D 1 Bridge Immokalee Rd - Grant Funded accordance with drawings and specifications, which contract is incorporated by reference made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: for in and 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2, Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 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 lotn day of June , 20 21 ,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 01.28.21 (v9) �� Signed, sealed and delivered in the presence of; Witnesses as to Principal Adrian STATE OF Florida COUNTY OF Collier PRINCIPAL Quality Enterprises USA, Inc. NAME: Louis J. Gaudio ITS: Vice President The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ oMine notarization, this 1Oth day of June 2021 by Louis J. Gaudio as V're President of Quality Enterprises USA, Inc. a _ Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A -Known as identification and did (did not) take an oath. (Signature of Notary Public) - MARCIE l_. CUHF_N :,,_ MY COMPAISSION # GG 152U&6 EXPIRES: February 11, 2022 Bonded Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of: Florida Commission No.: GG 152066 15 Construction Services Agreement: Revised 01.20.21 (v9) ATTEST: Witnesses as to Surety Witnesses Devon C. Heath Virginia City of Virginia Beach SURETY; (Printed Name) (Business Address) (Authorized Signature) (Printed Name) QR Fidelity and Deposit Company of Maryland As Attorney i act � � (Attach PowW of Attorney) Daniel J. Grygo, Attorney -in -Fact (Printed Name) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) 757491-1100 (Telephone Number) The foregoing instrument was acknowledged before me by means of ®physical presence or ❑ online notarization, this loth day of June 20 z1 by Daniel J. Grygo as Attorney -in -Fact 3f Fidelity and Deposit Company of Maryland a Illinois corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires; (AFFIX OFFICIAL SEAL) September 30, 2023 TAMMY A. WARD NOTARY PUBLIC F;`GISTRs1TION NUMBER 259496 COMMONWEALTH OF VIRGINIA (Signature of Not( Public) Tammy A. Ward (Legibly Printed) Notary Public, State of: Virginia Commission No.: 259496 16 Construction Services Agreement: Revised 01.28.21 (v9) P` Bond Number 9377224 Obligee«marconnn issiours. Collier Connn. Florida 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 _Daniel J. Gryso , 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 19th day of June, A.D. 2019, ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 19th day of June, 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. i %�t�1t,�°��?� � Constance A. Dunn, Notary Public %i;�;,6j4��4� My Commission Expires: July 9, 2023 EXHIBIT 13-3: INSURANCE REQUIREMENTS The Contractor shall at its own expense, carry and maintain insurance coverage from responsible companies July 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, 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. Should at any time the Contractor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages) and charge the Contractor for such coverage(s) 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 17 Construction Services Agreement: Revised 01.28.21 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 coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) 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 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 01.28.2 9) E Collier County Florida Insurance and Bonding Requirements Insurance/ Bond Type Required Limits 1. ❑ Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps,fldfs.com/bocexempt/ 2. ❑Employer's Liability $ Ingle limit per occurrence 3. ❑Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 5. ❑Automobile Liability $ 'Each Occurrence; Bodily Injury &Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other noted: insurance as ❑Watercraft 0 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 • $1,000,000 per claim and in the aggregate $2,000,000 per claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance Per Occurrence $ $ Per Occurrence 9 Construction Services Agreement: Revised 01.28.2 r� E:3 ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A2 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. ❑Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant 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 Contractor'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. ❑Thirty (30) Days Cancellation Notice required. Contractor/Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Signature Print Name Insurance Agency Agent Name Date Telephone Number Construction Services Agreement: Revised 01.28.21 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF (COLLIER) STATE OF (FLORIDA) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: who after (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 ,20 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. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: The foregoing instrument was acknowledged before me by means of day of 20 by behalf of the My Commission Expires: (AFFIX OFFICIAL SEAL) of corporation President [Corporate Seal] ❑ physical presence or ❑online notarization, this asffw He/she is personally known to me OR as identification and did (did not) take an oath. (Signature of Notary Public) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: _ corporation, has produced 7� Construction Services Agreement: Revised 01.28.21 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier County Board of County Commissioners the OWNER or Collier County Water -Sewer Owner's Project Manager's Name: Bid No. Project No. Count 's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: 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 @5% through $ Retainage @ 5% through [Insert $ Insert Datel date Retainage @ % $ Less Retainage $ after Insert date Total Earned Less Retains e $ Less previous payment(s Percent Work Completed % AMOUNT DUE THIS $ to Date: Percent Contract Time % APPLICATION: Com feted to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: Type Title: Shall be signed by an authorized representative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is'recommended b Design Professional's Name: Signature: Date: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended b Owner's Project Manager Name: Signature: Date: 22 Construction Services Agreement: Revised 01.28.21 EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name Project Number: Date: Period To: ITEM NUMBER *Explanation DESCRIPTION ,",:.. SCHEDULED VALUE WORK COMPLETED STORED MATERIALS TOTAL COMPLETED & STORED TO DATE PERCENT COMPLETE _..... BALANCE TO FINISH 6% RETAINAGE _% RETAINAGE (reduced rate) TOTAL RETAINAGE WITHHELD n PREVIOUS APPLICATIONS THIS ...PERIOD._ THRUDATE SINCEDATE TOTALS forth etwo columns under Previous Applications: The Thru bate is where you will place all Inform atioh until the contract is complete anless arelease or reduction of retainage issue comes into play. If this happens, all information unto the date of the % change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. Construction Services Agreement: Revised 01.28.21 Exhibit D (Continued) Stored Materials Record Formuia:A+B-C-D=E A B. C D E Date Description Supplier Invoice Number Previously Received Received This Period Previously Installed Installed This Period Balance To Install Construction Services Agreement: Revised 01.28.2�f EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspOl /SiteDirectory/ASD/Purchasing/Forms1 /Forms/Default.aspx Change Order Form Contractor Changes: Purchase Or Contractor)Firm Name: Project Manager Namel —� erg: Project#:�� Project Name: �— Department: Ca iginal Contracts"u�l�#*. •des Amount C�rigirs3l 8CC Appr�+al DatE; Amanda (tart Current BCC Appr li d An -cunt Last BCC Approval Date; Afaenda Item 0 Current CcntsacV01or;: Order Amount SAP Contract Expiration Date ttvlaster) Dclar Amountcf this Change: #OIVI'01 Total Change front Original Amount Revised Contract -Vic -re Order Tots] s 0,0011 40IVkgDI I Change VornCurrent BCC Apptoied Amount CumulativsChanges S 0,00 #+;31MV Chang afsomCurrentAntcunt Completion Date, Description of the Tasks) Change, and Rationale for the C fJotlae t0 PfOGee� Original �� Last Approved Revised Date [� Date Completion Date Date sofDays Added 5elect"rasks ❑'iAddnewtask(s) O',Delete task(s) [3 Changetask(s) 0,Other Providea response to the following: i.{detailed and specific explanationlratio nale of the requested change(s) to thetask(s) and d or the additional days added (if requested); 2,j why this change wart not included in the original contract; and, 3.1 describe the impact if thin ahanne is not nroaessed_ Attach adJBror al information from the Des„ar Prnfess*anal and�'or Cosrtractor S needed, Prepared by: Date: (F'rc;evt l�larka�_r Marne an==� Departtn?rt; 11 Accsptan_ of ibis Charge C=rase shall cor.st E� ute a m£Waifi" srior fo contract ,' •aror'r, �arder sti _rtifiaa above an=: �trsl(be s ubyc# c tt� a tE the S=nSe terms acd aorditinrs as contair;_a' in the earirac#! •rrorkosaer indkataa agave, as fuPPy as if the yarnevre s3ati_3 ir, this a.oaptar:�. a2`;iustm_rt,'rfsr.•�,tolheCorsteanshz#lWe•nsi;i:#2afrs{ian itr=a9sell sem_rtofary rdaall cSaisrisofIts Cortrac#pr ;'er:�3ar,rCons�Rart Proiesa ionai arising ocl of or related to oe charge set forth he. rein, irciuding clairis for impact art lay costs. Accepted by: Date: (Dortrstor,' V_n„or�} ;.onsuifant � Dessgn Profess€ana! and Kant= of Firm, ii proi<atappli,:abie} Approved by: Datz: (D_sipttPref -Gso,n:a:laraAlam_afFirm,ifgr+o;_ctapp°isabi='r . Approved by: Date: (PrOCLremert Prof=_saacca? Construction Services Agreement: Revised 01.28.21'�,v9?I OWNER'S Project No, PROJECT: CONTRACTOR: Contract For Contract Date EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: Construction Services Agreement: Revised 01.28.21 (v i RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This cercate 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 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title 20 Construction Services Agreement: Revised 01.28.21 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: The following items have been secured by the for the Project known as PO No.: Date: and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one-year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: (Company Name) (Signature) (Typed Name &Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name &Title) Construction Services Agreement: Revised 01.28.21 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1 A 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. Construction Services Agreement: Revised 01.28.21 (v9) Sri 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 01.28.21 (v9) 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 01.28.21 (v9) stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall withhold retainage on the gross amount of each monthly progress payment in the amount of five percent (5%), as permitted by Section 255.078, Florida Statutes. The foregoing does not prohibit Owner from withholding retainage at a rate less than five percent (5%) of each monthly progress payment as otherwise allowable under Section 255,078, Florida Statutes. Any reduction in retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be at the sole discretion of the Owner. Such retainage 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, Any interest earned on retainage shall accrue to the benefit of the Owner. 4.7 Monthly payments to Contractor shall in noway imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub -subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub -subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation Construction Services Agreement: Revised 01.28.21 (v9) 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents, The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. 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 01.28.21 (v9� � 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are speced or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 01.28.21 (v9) record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 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 8.1.7 8.1.8 8.1.9 8.1.10 of performance. Description of Work being performed at the Project site; Any unusual or special occurrences at the Project site; Materials received at the Project site; A list of all visitors to the Project Any problems that might impact either the cost or quality of the Work or the time 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 Construction Services Agreement: Revised 01.28.21 (v9) (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) 252-8999 Email: PublicRecordReg uest(colIlercountyfl..gov 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. 36 � Construction Services Agreement: Revised 01.28.21 (v9) 9. CONTRACT TIME AND TIME EXTENSIONS. M Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change 37 Construction Services Agreement: Revised 01.2i3.21 (v9) _ Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the County, 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 Payment Application, 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. 38 �- Construction Services Agreement: Revised 01.28.21 (v9) 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the Contractor 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 or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified 39 Construction Services Agreement: Revised 01.28.21 (v9) � � 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 the Insurance and Bonding Requirements form Exhibit B-3 to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit 13-3. 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. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States, including the requirements set forth in Florida Statute, §448.095. 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 prov'ide acceptable evidence of their enrollment, at the time of the submission of the Contractor's/bidders 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 40 Construction Services Agreement: Revised 01.28.21 (v9) { �, 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 acceptable E-Verify evidence and the executed affidavit the bidder's / Contractor's proposal may be deemed non- responsive. 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 Vercation System (E-Verify) program visit the following website: http://www,dhs..qov/E-Verify. 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 firms) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Construction Services Agreement: Revised 01.28.21 (v9) ° Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work.. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not bIV* 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. 42 Construction Services Agreement: Revised 01.28.21 (v9) 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 43 Construction Services Agreement: Revised 01.28.21 (v9) �; 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (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, 44 Construction Services Agreement: Revised 01.28.21 (v9)�F Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agehts 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 fI om 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 Jay 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. Construction Services Agreement: Revised 01.28.21 (v9) 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the 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 46 Construction Services Agreement: Revised 01.28.21 (v _ ` and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A -I is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 47,-- Construction Services Agreement: Revised 01.28.21 (v9) 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional, The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 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 48 Construction Services Agreement: Revised 01.28.21 (v9) e damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5A 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; 49 Construction Services Agreement: Revised 01.2£3.21 (v9 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 apre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional, The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local 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 colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall 50 Construction Services Agreement: Revised 01.28.21 (v9) be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests 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. Construction Services Agreement: Revised 01.28.21 (v9)�, 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 52 Construction Services Agreement: Revised 01.28.21 (v9) A� 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub -subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1 A 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 3461011 Cost Proposal Request 3441412 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 3401615 Bulletin Quotations 3441416 Lab Test Reports 3401017 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 3401020 Material Purchase Delivery Logs 34.1.21 Technical Standards 3401022 Design Handbooks 34.1.23 "As -Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 3401025 Daily Progress Reports 3401.26 Monthly Progress Reports 34.1027 Correspondence Files 3441,28 Transmittal Records 3401029 Inspection Reports 3401 d30 Punch Lists 34.1.31 PMIS Schedule and Updates 3401032 Suspense (Tickler) Files of Outstanding Requirements 53 Construction Services Agreement: Revised 01.28.21 (v9) 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 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible 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 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 a -mail (DL-FMOPS cr(..colliergov.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 co.,; 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 54 Construction Services Agreement: Revised 01.28.21 (v�� 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. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 55 �` Construction Services Agreement: Revised 01.28.21 (v9) EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Attached hereto, following this page Exhibit I: FDOT Supplemental Specifications Package Two (3-pages) Exhibit I: Supplemental Terms and Conditions (21-pages) Exhibit I: Federal Contract Provisions and Assurances (76- pages) 56 Construction Services Agreement: Revised 01.28.21 (v9) May 20, 2021 PREPARED BY: Sadie Dalton, P.E. David Hubbard, P.E. SUPPLEMENTAL SPECIFICATIONS PACKAGE NUMBER TWO FINANCIAL PROJECT ID. 444185-1-52-01 FEDERAL FUNDS DISTRICT ONE COLLIER COUNTY The applicable Articles and Subarticles of the General Requirements &Covenants division (Division I) of the January 2021 edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, the Construction Details and Materials divisions (Division II & III), and the Specifications Package for this project, dated January mw 5, 2021, attached thereto, 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 Sadie A. Dalton, P.E., 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.: Firm Name: Firm Address: City, State, Zip Code: Page(s). May20 2021 HNTB Coloration 201 N Franklin St. Suite 1200 Tampa FL 33602 1-3 LAP DIVISION 1 SPECIFICATIONS (Class A, B, C) (Rev. 4-22-21) (1-21), Measurement and Payment — Partial Payments — General, page 44, is deleted and the following substituted: LAP DIVISION 1 SPECIFICATIONS (Class A, B, C) (Rev. Measurement and Payment — Partial Payments — General SUBARTICLE 9-5.1 is replaced by the following. 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 quantities completed and the Contract prices, less payments previously made and less any retainage withheld. Contract amount is defined as the original Contract amount adjusted by approved supplemental agreements. LAP DIVISION 1 SPECIFICATIONS (Class A, B, C) (Rev. 4-22-21) (1-21), Measurement and Payment — Partial Payments — Release of Retainage After Acceptance, page 43, is deleted. LAP DIVISION 1 SPECIFICATIONS (Class A, B, C) (Rev. 4-22-21) (1-21), Measurement and Payment — Partial Payments — Release of Retainage After Acceptance SUBARTICLE 9-5.4 is removed. �:l; , -r EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS CONTENTS: GENERALNOTES..............................................................................................................................3 PERMITCONDITIONS........................................................................................................................ 3 PROTECTED SPECIES &WILDLIFE................................................................................................4 FEDERAL AVIATION ADMINISTRATION (FAA)..............................................................................7 PROJECTINFORMATION SIGN....................................................................................................... 8 MAINTENANCEOF TRAFFIC............................................................................................................ 8 MAINTAIN EXISTING BRIDGE STRUCTURES................................................................................ 9 CLEARING AND GRUBBING ACTIVITIES....................................................................................... 9 PROTECTIONOF LOCAL ROADS.................................................................................................10 PROTECTIONOF EXISTING FENCES...........................................................................................10 PIPECULVERT.................................................................................................................................10 UTILITY COORDINATION WITH UTILITY AGENCY OWNERS....................................................11 ELECTRICITY....................................................................................................................................11 WATER..............................................................................................................................................12 FUEL ADJUSTMENTS NOT PROVIDED.........................................................................................12 ALLOWANCES.................................................................................................................................12 SUBMITTAL OF SHOP DRAWINGS. 8 4 a I a a 0 w a w 9 m a 0 a w 0 a a I a a I v a 0 a a a a a R ff a a a a 0 13 CONTRACTOR PRESENTATIONS. . 9 a a w a a a a 0 a I a 0 a 9 a a a a a a 0 a 0 a 0 a 9 a 0 ff a * a a 0 a 13 AS-BUILT/RECORD DRAWINGS....................................................................................................13 END.................................................................................................................................................... 21 FIGURES: FIGURE 1: CRESTED CARACARA MAP STATION OVERVIEW.................................................15 FIGURE 2: CRESTED CARACARA MAP STATIONS 1 & 2.........................................................16 FIGURE 3: CRESTED CARACARA MAP STATIONS 3 TO 6.......................................................17 FIGURE 4: CRESTED CARACARA MAP STATION 7..................................................................18 FIGURE 5: CRESTED CARACARA MAP STATIONS 8 & 9.........................................................19 FIGURE 6: PROJECT INFORMATION SIGN TEMPLATE............................................................20 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GENERAL NOTES 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. PERMIT CONDITIONS See Permits for conditions which may affect project construction. Permits) have been issued as follows: • SFWMD Environmental Resource General Permit (ERP) o Package A ■ Bridge No. 034831 & 034832: ERP No. 11-101651-P o LAP Package ■ Bridge No. 034833: ERP No. 11-101653-P o Package B ■ Bridge No. 034834: ERP No. 11-101654-P ■ Bridge No. 034835: ERP No. 11-101655-P ■ Bridge No. 034836: ERP No. 11-101657-P ■ Bridge No. 034841: ERP No. 26-101659-P o Package C ■ Bridge No, 034837: ERP No. 11-101664-P ■ Bridge No. 034838: ERP No. 11-101663-P ■ Bridge No. 034839: ERP No. 11-101660-P ■ Bridge No. 034840: ERP No. 11-101665-P • USACE Nationwide Permit (NWP) 14 o Package A ■ Bridge No. 034831 & 034832: SAJ-2019-02318 o LAP Package ■ Bridge No. 034833: o 278 SAJ-2020-03290 SAJ-2020-03291 SAJ-2020-03292 SAJ-2020-03295 SAJ-2008-03849 SAJ-2008-03852 SAJ-2020-03293 SAJ-2020-03294 The Contractor shall be responsible for obtaining the following permits, if necessary, to complete the work under this contract: • SFWMD - Water Use Permit (Dewatering) • FDEP - National Pollutant Discharge Elimination System (NPDES) Construction Generic Permit (CGP) PROTECTED SPECIES &WILDLIFE Observed Species The project area has been identified as habitat or potential habitat for several federal and state protected species as well as other species of interest. Multiple wildlife surveys occurred during February, April, and December 2018 and January to May 2019 for listed species with the potential to occur, which included: • Gopher tortoise (Gopherus polyphemus, State Threatened [ST]), • Florida sandhill crane (Antigone canadensis pratensis, ST), • State -listed wading birds, • Eastern indigo snake (Drymarchon corals couperi, Federally Threatened [FT]), • Florida bonneted bat (Eumops floridanus, Federally Endangered [FE]), • Florida panther (Puma concolor coryi, FE), • Everglade snail kite (Rostrhamus sociabilis plumbeus, FE), • Audubon's crested caracara (Polyborus plancus audubonn6 FT), • Florida scrub -jay (Aphelocoma coerulescens, FT), and • Wood stork (Mycteria americans, FT). Florida sandhill crane (adults with downy juveniles), tricolored heron (Egretta tricolor, ST), little blue heron (Egretta caerulea, ST), roseate spoonbill (Platalea ajaja, ST), Florida panther, Everglade snail kite, Audubon's crested caracara, and wood stork were observed on or adjacent to the project sites. The nearest known bald eagle (Haliaeetus leucocephalus) nest is approximately 0.3 miles from the project site. An additional geographic information system (GIS) analysis of the project area found that the project area is located near, within, or adjacent to: • Potential habitat for state -listed species: o Big Cypress fox squirrel (Sciurus nigeravicennia, ST) o Everglades mink (Neovison vison evergladensis, ST) • Potential habitat for the Florida black bear (Ursus amencanus floridanus) - South Bear Management Unit Contractor Responsibilities The Contractor shall be responsible for providing the services of a qualified environmental scientist to perform required species surveys, oversee compliance with federal and state wildlife regulations, and to serve as a liaison between the Contractor and environmental agencies including but not limited to the Florida Fish and Wildlife Conservation Commission (FWC) and United States Fish and Wildlife Service (USFWS). The Contractor shall be responsible for complying with all pertinent federal and state wildlife regulations as outlined in the FDOT Standard Specifications for Road and Bridge Construction and the additional requirements for species listed below. The Contractor shall be responsible for providing an informational display that must be placed in the construction office and throughout the construction site and be accessible to all construction personnel for the duration of all construction activities. The display shall include: • A hard copy of the informational brochure A Guide to Living with Florida Panthers, • Guidelines on preventing conflicts with Florida Black Bear and how to respond if a bear is encountered • A hard copy of FDOT Contractor Requirements for Unanticipated Interaction with Protected Species available here. https://fdotwww.blob.core.windows.net/sitefinity/docs/default- source/proq_ram management/implemented/urlinspecs/files/endangeredwi IdIifeguideli nes.pdf?sfvrsn=e27baf3f 2 • Labeled photos of each of the above -mentioned species with information on what to do in the event of a sighting. Printed full -color photos shall be no less than 4 inches by 4 inches square with the image of the species contained wholly within and filling the frame so as not to cutoff part of the image. The Contractor shall include these provisions in contracts with their subcontractors and suppliers. Packages A, B, and C: All costs to provide the services of an environmental scientist and related species requirements described herein will be included in the unit price for 101-1 Mobilization. LAP Package: All costs to provide the services of an environmental scientist and related species requirements described herein will be borne by the Contractor. Audubon's Crested caracara Refer to Figures 1 to 5 for approximate nest locations of the Audubon's crested caracara that were observed during the nesting season from January to May of 2019. This information is provided for information only to alert the Contractor that this species has been observed and documented near the project sites. The number and locations of nests in future nesting seasons may vary from the data in these exhibits. To minimize potential impacts to the Audubon's crested caracara, the Contractor shall be restricted from establishing construction staging areas, ground disturbing activities, and vegetation removal outside of the limits of construction and within 300-meters of a documented caracara nest tree between November and April. If an Audubon's crested caracara(s) is observed in the active work area, do not disturb it and allow it to leave the area on its own. Florida Sandhill Crane Adult Florida sandhill cranes with downy juveniles were observed during the wildlife surveys, and suitable foraging and nesting habitat was documented within the open lands and emergent wetlands adjacent to the project sites. The Contractor shall be responsible for performing surveys for nesting Florida sandhill cranes prior to construction activities and during the December through August breeding season. If there is evidence of nesting, the nest site shall be buffered by 400 feet to avoid disturbance by project activities. The Contractor shall note that Florida sandhill cranes do not nest in the same location every year, so if construction occurs over several years, it may be necessary to determine if nesting is occurring each year. If nesting is discovered after construction has begun or if maintaining the recommended buffer is not possible, the Contractor shall contact FWC to discuss potential permitting needs. Additional information and guidance for conducting Florida sandhill crane surveys can be found in the Florida Sandhill Crane Species Conservation Measures and Permitting Guidelines (hftps://myfwc.com/media/l1565/finale florida-sandhill-crane-species-guidelines-2016.pdf). Biq Cypress Fox Squirrel Potential habitat for Big Cypress fox squirrel (BCFS) may exist in open areas with mature trees on and adjacent to the project sites, and appropriate pre -construction wildlife surveys shall be the responsibility of the Contractor to determine if BCFS is present. Big Cypress fox squirrels typically nest between October and February and from April to August. Surveys to locate BCFS or their nests should be conducted within 60 days prior to the start of clearing or construction to determine if BCFS are onsite. Fox squirrels can use more than one nest and nest use can vary over time. If fox squirrel nests are found onsite, a 175-meter (574400t) buffer distance from the nest tree is recommended. If it will be necessary to remove a nest tree or work within 175 meters (574 feet) of a nest tree, the Contractor shall coordinate with FWC staff to discuss permitting alternatives. For more information and survey methods, please refer to the species action plan for the BCFS at: https:Hmyfwc com/media/2108/big-cypress-fox-squirrel-species-action-plan-final-draft.pdf. Everglades Mink The project area is near the predicted range for the Everglades mink. Any sightings of mink shall be reported by the Contractor along with a photo, if possible, and GPS location if encountered during the project activities. Additional information on this species may be obtained at this web address: hftps:Hmvfwc.com/med ia/211 5/everq lades-mink-species-action-plan-final-d raft. Pdf. Florida Panther The proposed project is located within the Florida Panther Primary Zone, as defined by the USFWS, and a panther was observed during wildlife surveys. In order to reduce the potential for human -wildlife interactions, the Contractor shall ensure that FWC's A Guide to Living with Florida Panthers informative brochure be provided to all construction personnel. The A Guide to Living with Florida Panthers brochure can be downloaded from: http://www.floridapanthernet.org/. In addition, if trail cameras are utilized for monitoring purposes, the Contractor shall provide any panther photos to FWC staff using the Report Panther Sightings website at: htps://Public.myfwc.com/hsc/panthersightings/Desktopeaspxo Florida Black Bear FWC has received 14 reports of human -bear conflicts within roughly a one -mile radius of the project sites since 2011. According to the FWC 2019 Bear Range map, bears are common or abundant in the area around the project sites, which are within the South Bear Management Unit identified in the 2012 Bear Management Plan. While black bears tend to shy away from people, they are adaptable and will take advantage of human -provided food sources, such as unsecured garbage. Once bears become accustomed to finding food around people, their natural wariness is reduced to the point that there can be an increased risk to public safety or private property. The Contractor shall be responsible for taking measures to prevent or reduce conflicts with bears during construction activities, including: • Maintaining clean construction sites with wildlife -resistant containers for any wildlife - attractant refuse; and • Conducting frequent trash removal and using bear management food storage and removal practices on work sites. Information can also include guidelines for how construction personnel should respond to bears in the area, such as: • What to do if they encounter a bear, whether from a distance or at close range, • When and how to contact the FWC regarding a bear issue. The Contractor shall be responsible for contacting FWC staff to assist with planning to incorporate the above measures. Additional information about Florida black bears can be found at http://www.myfwc.com/wildlifehabitats/managed/bear. FEDERAL AVIATION ADMINISTRATION (FAA) Package A: Immokalee Regional Airportpublic use and general aviation facility that services privately -owned, commercial, and charter aircraft as well as aerial firefighting and crop -dusting operations. Given the proximity of existing Bridge Nos. 030136 and 030137 (proposed Bridge Nos. 034831 and 034832, respectively) to the airport, pile driving and other construction efforts shall be coordinated with the Federal Aviation Administration for obstruction evaluation and airport airspace analysis pursuant to Title 14, Code of Federal Regulations (14 CFR) Part 77. The FAA Notice Criteria Tool indicates that the proposed Bridge No. 034831 exceeds an instrument approach area and that an aeronautical study is needed to determine if it will exceed a standard of subpart C of 14CFR Part 77. Additionally, the proximity of Bridge No. 034832 also exceeds notice criteria. The Contractor shall be responsible for coordinating with Collier County to file a Notice of Proposed Construction or Alteration with the FAA at least 45 days prior to construction at these two bridge sites. Notice to the FAA may be filed electronically here: https:Hoeaaa.faa.gov/oeaaa/external/portal.isp The outcome of the aeronautical studies may result in limited construction hours for pile driving, crane operations, or other construction activities if a conflict exists. Contractor will not be entitled to any delays caused by restrictions imposed on construction activities. If properly coordinated, the Contractor will have sufficient time within the Contract to construct required improvements. PROJECT INFORMATION SIGN The Contractor shall provide a project information sign at each end of the project. The Contractor will be responsible for providing a safe location to place the project information signs) and may be required to coordinate number and locations of signs with other Contractors) at adjacent project sites. A sign template is provided in FIGURE 6. The Contractor shall submit for approval all proposed sign locations and provide additional information as shown in the template to the County within 30 days of NTP. All costs to provide and install the project sign(s) will be included in the unit price for 102-1 Maintenance of Traffic. MAINTENANCE OF TRAFFIC All Maintenance of Traffic (MOT) shall conform to 2019-20 FDOT Standard Plans Index 102-600. Contractors have the option to submit their own MOT plans 21 days prior to construction for County and CEI approval. Special Detour pay items are intended to cover costs associated with constructing, maintaining, and removing the special detour including temporary pavement, temporary earthwork, and temporary drainage. Traffic Control Plans have been included to show basic phasing and access requirements. Not all required temporary traffic control items are shown in the plans. All costs associated with temporary retaining systems, temporary asphalt aprons, temporary driveway connections, temporary pavement overbuild, temporary signing and pavement markings, incidental temporary pavement, temporary signals, temporary drainage, etc., including items and activities that occur between phases and between milestones, and all other MOT items not identified with a separate pay item in the Summary of Pay Items table provided in the plans shall be included in the Lump Sum price for Item 102-1 Maintenance of Traffic. The Traffic Control Plans detail the use of temporary traffic signals for maintenance of traffic during phased construction activities. The Contractor shall be responsible for providing and maintaining electric service to the temporary traffic signals for the entirety of all phases of construction that require the use of the temporary traffic signals. Temporary traffic signals must remain in operation 24 hours each day during all single -lane, two-way traffic operations that require the use of the temporary traffic signals. Should any malfunctions occur relating to the proper operation and safety of the temporary traffic signals, the Contractor shall be on site within one hour to address the issue. The Contractor shall include a detailed plan for ensuring 24-hour-per-day operation of the temporary traffic signals, including an emergency plan to maintain traffic operations during a primary power source failure, and all associated costs with the bid package. E:3 MAINTAIN EXISTING BRIDGE STRUCTURES The Contractor is responsible for maintaining the existing bridge structures during construction. Phased construction has been specified to facilitate emergency services and maintain local access in this remote part of Collier County to avoid costly, lengthy detours. The Contractor shall maintain serviceability of the bridge so long as it is deemed safe for the traveling public. If the Contractor suspects the condition of the bridge has deteriorated and may no longer be safe for use, the Contractor shall notify the Engineer and the County immediately for evaluation. The Contractor shall prepare an Emergency Bridge Service Plan detailing the steps to be taken if serviceability of the existing bridges can no longer be maintained during phases of construction that require it to remain in service. This emergency plan, which is to be displayed at each job site, shall include the following information: • A timeline of events to occur upon the suspicion and/or determination that a bridge is no longer serviceable. • A contact list of County representatives, public officials, and agencies to notify that the bridge is no longer in service. • A plan for restricting traffic across or closing the bridge, as needed. • Proposed alternatives to restore traffic through the construction site depending on the severity of the condition of the bridge. Include a sketch or example photo(s) to illustrate each alternative and a cost estimate per square foot of bridge deck plan area for each. • List of potential suppliers of emergency materials, including contact information, distance from project site, and estimated response time. The emergency plan shall be submitted as part of the bid package. CLEARING AND GRUBBING ACTIVITIES The County has mailed Driveway Modification Letters to property owners with driveways within the project limits to notify them of potential temporary and/or permanent impacts resulting from construction activities. The Contractor shall coordinate with the County prior to commencing Clearing and Grubbing activities to provide additional information to property owners regarding driveway impacts, including but not limited to driveway closures, access restrictions, maintenance of traffic coming in and out of driveways, construction schedules, and timing of operations that impact driveways. Package C: As part of Clearing and Grubbing, the Contractor shall coordinate with the property owners) of parcels 00232860102 and 232720103 located at 15960 and 15970 Oil Well Road, respectively, regarding relocation of the mailbox at the location as shown in the plans. Coordination shall occur prior to the commencement of Clearing and Grubbing activities. If the property owner(s) does not respond to requests for coordination within 14 Jays, the Contractor shall seek instruction from the County regarding relocation of the mailbox. 9 The Contractor shall maintain all mailboxes within the construction limits throughout construction. Any mailbox within the construction limits, whether identified in the plans or not, shall be relocated to suit the respective property owner or tenant and shall meet the requirements of the United States Postal Service as outlined at https://www.usps.com/manage/mailboxes.htm to ensure proper serviceability. The Contractor shall engage Connie Deane, Community Liaison with the Collier County Growth Management Department, at Connie. Deane(cDcolliercountyfl.gov or (239) 252-8192 at least 30 days prior to conducting outreach with property owner(s). The Contractor shall be responsible for the collection of all debris accumulated during Clearing and Grubbing and its removal from the project site. All existing waterways, including canals and lateral ditches, shall remain clear of debris. Stockpiles of debris shall not be permitted in wetlands or environmentally sensitive areas. Burning of debris within the project limits is prohibited unless approved by the Engineer. PROTECTION OF LOCAL ROADS This project is connected to local roads. The Contractor shall protect these roads and respect the privacy of the surrounding properties by limiting access to and egress from the project. The Contractor shall post written notice of this requirement on the jobsite and include this provision in contracts with their subcontractors and suppliers. The Contractor shall be responsible for all damages to local roads as a result of their employees, subcontractors or suppliers not complying with this restriction. PROTECTION OF EXISTING FENCES This project is adjacent to many residential, commercial, and agricultural properties, which are bounded by fencing. Fencing types include but are not limited to barb wire, chain link, livestock field fencing, and floating barriers across waterways. The Contractor shall protect all existing fences from potential damage resulting from construction activities, unless noted otherwise in the Contract Plans. If damage to the existing fencing as a result of construction activities does occur, the Contractor shall take the steps as outlined in the Contract Plans to mitigate any further property damage, trespassing, or escape of livestock contained within the fencing. The Contractor shall post written notice of this requirement on the jobsite and include this provision in contracts with their subcontractors and suppliers. The Contractor shall be responsible for all damages to existing fences as a result of their employees, subcontractors or suppliers not complying with this restriction. PIPE CULVERT Reinforced Concrete Pipe (RCP) Class III is the designated material for all drainage pipe culverts. The drainage design was based on the use of RCP Class III. No other pipe materials are permitted for this project. 10 UTILITY COORDINATION WITH UTILITY AGENCY OWNERS Utility Work Schedules have been prepared for this project. All identified conflicts existing during the design phase have been addressed with the respective utility agency owners (LIAO). The UAOs have indicated that conflicts either do not exist or the conflict will be resolved through abandonment and/or relocation of the utility prior to the start of construction for this contract. The Contractor shall verify with the respective UAO that the utility adjustments provided in the design plans have been completed prior to construction. Should any conflicts be identified that are not included in the contract plans, the Contractor shall coordinate any and all utility relocations or proposed interruption of services by requesting within 3 days of the discovery an official meeting with the UAO. This meeting will be to establish requirements with regards to interruption of service, if any, during proposed utility relocations. The Contractor shall be responsible for protecting the utility while coordination is ongoing. The Contractor shall call for locates prior to any excavation. The cost of potholing to protect existing utilities shall be included in the cost of the work requiring it. The Contractor shall protect all water and/or sewer mains, if any, from damage at all times during construction. Phasing may be required to ensure continuous utility service. Temporary relocations and connections may be necessary. All associated costs due to phasing utilities or construction shall be included in the contract unit prices for the various types of utility work to which it is incidental. ELECTRICITY No bid item is provided for electricity. The cost of providing electricity shall be included in the unit price for work that requires it. LAP Package: There is no existing electrical utility service in the project area adjacent to existing Bridge No. 030138 (proposed Bridge No. 034833) on Immokalee Road. The nearest overhead electric line is approximately 3,000 feet to the west of the bridge. Package B: There is no existing electrical utility service in the project area adjacent to existing Bridge Nos. 0301391 0301401 and 030141 (proposed Bridge Nos. 0348341 034835, and 034836, respectively) on Immokalee Road. The nearest overhead electric line is approximately 5,000 feet to the east of existing Bridge No. 030141 (proposed Bridge No. 034836). In coordination with Lee County Electric Company (LCEC), the Contractor may elect to install an overhead primary electric line within the right -of --way to provide electric service to the construction site(s). The Contractor is responsible for negotiating the specific terms and conditions in agreement with LCEC regarding all permitting, design, construction, maintenance, and operation associated with these primary overhead electric lines during construction of the respective bridge project(s). The Contractor shall be responsible for all 11 costs associated with this work. The estimated timeline for permitting, design, and construction of these new facilities is a minimum of four months; this timeline may be prolonged depending on site conditions and permitting. In lieu of providing overhead primary electric lines, the Contractor may propose alternate means for providing electricity to the construction site(s). The Contractor shall indicate a preferred methods) of supplying electricity at each individual bridge project site and all associated costs with the bid package. WATER No bid item is provided for water. The cost of providing water shall be included in the unit price for work that requires it. FUEL ADJUSTMENTS NOT PROVIDED Section 9-2.1.1 Fuels of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, January 2020, is deleted. While it is recognized that a primary cost factor of this bid is based on the price of petroleum and that conditions in this market could become unstable and beyond the control of the bidder, it is also recognized that the availability of funding to compensate for future cost increases will be even scarcer should this occur. The County chooses not to obligate itself for these costs and has not provided for these cost adjustments in the contact. The Contractor shall take this risk into consideration when submitting a bid. ALLOWANCES Included within the Bid Schedule are Allowances for various elements of the work that, although engineered, unforeseen conditions may occur, some of a public health and safety nature. The Owner has determined these allowances per contract package and considers them reasonable budgetary estimates to promptly manage unforeseen conditions, including those of a public health and safety nature. Allowance may not fully represent the actual cost of work. If the cost of work exceeds the allowance amount, the Owner will provide additional allowance funds to complete the work or accept the work in its current state of completion. Upon approval by the Owner, Allowances may be used by the Engineer to pay costs and expenses associated with the categories indicated below: Rin Al i n1n1n1N%1rFc (RncPn nN FINAI FNrINFFR'R FSTIMATFIm `Bid Package C LAP Packa e Item Category Package A Package B STRUCTURES $115,856.26 $2321525.41 $394,501.21 $56,522.64 ROADWAY $631540.53 $126,148.22 $1421502.03 $32,481.91 SIGNING & PAVEMENT $1,101619 $1,937.98 $11976.27 $570,47 MARKING OTHER / MISCELLANEOUS $30,034.86 $601005.77 $891686.19 $14,905428 SUBMITTAL OF SHOP DRAWINGS Shop drawings are required as set forth in the Specifications. Payment will not be made for these items of work until shop drawings have been received, reviewed and approved as required by the Specifications. 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 once per month for the duration of the contract. 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. All costs associated with participating in this process will be included in the contract price of 101-1-1 Provide/Maintain "As Built." AS-BUILT/RECORD DRAWINGS As-Built/Record Drawings are to be provided to the County's Project Manager within thirty (30) days of substantial project completion. One copy in each of the following formats: PDF and a hard copy. When changes to the plans are required after contract award, all final drawings, specifications, plans, surveys, reports, computation books, or documents shall be issued by a responsible Florida Professional Engineer, Licensed Architect and/or Florida — licensed Surveyor and must be signed, dated, and stamped with the engineer's and/or surveyor's seal as applicable. The Professional Engineer and/or Licensed Surveyor may be part of the Contractor's staff or the CEI Senior Project Engineer, or the Engineer of Record for the contract plans. The Engineer of Record must be notified of all revisions and/or modifications made to the contract documents. AND During the construction of a bridge or any structure, all foundation construction records such as pile driving records, shaft tip elevations, and borings shall be included as part of the as -built documents. These records provide critical information necessary for future inspection, maintenance, emergency management, enhancement, reconstruction, and/or demolition of these structures. These records shall be delivered to the Owner's representative at the completion of the project and prior to final payment to the Contractor. • The Contractor and the Contractor's Florida Registered Professional Surveyor and Mapper (P.S.M.) are responsible for the Project's As-Built/Record Drawings unless otherwise specified within the Technical Plans and Specifications. • Prior to construction commencement, the Contractor shall meet with the CEI and P.S.M. to determine the Project's critical points to the final As-Builts. The Contractor shall also coordinate with the CEI and P.S.M. to facilitate measurement at those critical Project points. • The Contractor's Final Payment shall be withheld pending the CEI and P.S.M. Certification of the contracted improvements is per design. • During the progress of the work the Contractor shall keep and maintain one (1) "Approved for Construction" copy of all project plans, drawings, specifications, and any addenda, written amendments, change orders, work directives orders, supplemental agreements and other written interpretations and clarifications. • Prior to final inspection, the Contractor shall submit a copy of the "Approved for Construction" project documents with red line markups indicating any construction deviation as well as any approved design changes authorized by the Design Professional. All deviations shall be initialed and dated by the Contractor and material delivery/installation records shall be furnished as required by specification. • All survey information depicted on the As -Built Drawings shall be collected under the direct supervision of the P.S.M. in accordance with Florida Statute Chapters 177 and 472 and Chapter 61 G-17 of the Florida Administrative Code. • For final inspection, an As -Built set (signed and sealed not required at this point) is needed to verify the field work. Packages A, B, and C: All costs to provide and maintain As -Built plans as described herein will be included in the unit price for 101-1-1 Provide/Maintain As -Built. LAP Package: All costs to provide and maintain As -Built plans as described herein will be paid for in accordance with the requirements of the FDOT Specifications. W a J C. W FM Z C7 N Z 0 ce 0 Z f- () W w n. an um W i Gt t+! co �N (� € LO rn .... » w 3IV0 () ( J O O t3.LO cS1 U M ttt U U q CN IN m o m rn o c 0 Q c z Q w O ca O to ci> tU �, U n E= U > u a �e — = UJ E L c� y i n m L" g AG um `• r��t G O 0) Y v O r C i9 V a U a U. o yr oa VJ u R C to •c m Vi h! O e`1 M vfi ih Mai FINE INN r. M v: u �u s Vt uM x X fx r < r., 0 N END EXHIBIT I: SUPPLEMENTALTERMS 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 orsub-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. EXH 1-01 p. 1 EXHIBIT I: SUPPLEMENTALTERMS 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. See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 525-010-046. 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 IREV 10-23-12) (FA 11-15-12) (7-13) 7-24 Disadvantaged Business Enterprise Program. EXH 1-01 p. 2 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 7-24.1 [removed per strike outs] 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 aDepartment-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. EXH 1-01 p. 3 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 EXH 1-01 p. 4 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. Eauipment 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%. EXH 1-01 p. 5 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.qov/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 fdotgov/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 provisions contained in FHWA 1273. In addition to the requirements of Section IV, No. 3(a), include gender and race in the weekly annotated payroll records. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414-4101. FHWA Form 1273 appears in its entirety at the end of this Exhibit. Foreign Contractor and Supplier Proposal may not limit this project to domestic -owned contractors only. Indian Preference On Federal -aid Projects (Labor & Employment) Provision excluded from this contract. Liquidated Damages See Construction Agreement: Section 5B -Liquidated Damages in General 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 Non -Collusion Certification EXH 1-01 p. 6 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 575-06-013. 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 aPost-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 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 EXH 1-01 p. 7 EXHIBIT I: SUPPLEMENTALTERMS 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 anon -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. EXH 1-01 p. 8 EXHIBIT I: SUPPLEMENTALTERMS 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 projects) 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 EXH 1-01 p. 9 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. Pregualification 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 Numbers) 02/12/2021 FL20210001, 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 Decisions) (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. EXH 1-01 p. 10 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: a. Materials produced by convicts on parole, supervised release, or probation from a prison; or b. Materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with, or bid on, construction projects against the private sector. Publicly -Owned Equipment The County does not allow Contractors the use of publicly owned equipment. Salvage Credits Provision excluded from this contract. Standardized Changes Conditions Contract Clauses Differing site conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. II. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. III. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. IV. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer: 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 CAO EXH 1-01 p. 11 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract, in writing, accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. III. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. IV. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. II. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work, cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for, or against, the contractor in such amount as the engineer may determine to be fair and equitable. III. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. IV. The term "significant change" shall be construed to apply only to the following circumstances: a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. State Produced Materials (Florida or other) Provision is excluded from this contract. State/Local OwnedlFurnished/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. See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 700-010-36. EXH 1-01 p. 12 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Termination of Contract See Exhibit H: General Terms and Conditions Section 18; Termination for Default 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 focal 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/programmanapement/Implemented/URLinSpecs/files/endangeredwildlifeguidelines.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, 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 EXH 1-01 p. 13 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 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 �: EXH 1-01 p. 14 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event 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. 6. 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 asub-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. Domestic Preference for Procurements 200.322; 23 U.S.C. §313; 23 C.F.R. §635.410 (a) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Procurement of Recovered Materials § 200.323 The Contractor shall comply with section 6002 of the Solid Waste Disposal Act as appropriate, EPA Guidelines. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment The Contractor is prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. See Section 889 of Public Law 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. EXH 1-01 p. 15 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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. See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 575-06-013. 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." See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances Collier County Form Certification of Disclosure for Lobbying Activities 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 athree-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 EXH 1-01 p. 16 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES (d) has within athree-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." See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 375-030-32 Signature Louis J Gaudio Printed Name Quality Enterprises USA, Inc. Firm Name 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: EXH 1-01 p. 17 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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: 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 aDepartment-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. EXH 1-01 p. 18 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES c. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. d. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. e. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function in the work of a contract may be counted toward the voluntary DBE goal. f. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. g. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. h. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. i. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. See Exhibit I: Supplemental Terms and Conditions, Federal Contract Provisions and Assurances FDOT Form 275-030-11 —DBE Bid Package Information Local Agency Program Agreement Required Language Indemnification: "To the extent provided by law, the Agency's contractor shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful acts) of the Agency's contractor, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by the Agency's contractor hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [the Agency's contractor] to indemnify the Agency for the negligent acts or omissions of the Agency, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by the Agency's contractor to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." C90 EXH 1-01 p. 19 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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. APPENDICES A and E Revised 01/2015 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, EXH 1-01 p. 20 EXHIBIT I: SUPPLEMENTAL TERMSAND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with asub-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. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with EXH 1-01 p. 21 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). EXH 1-01 p. 22 EXHIBIT I: SUPPLEMENTALTERMS AND CONDITIONS FEDERAL CONTRACT PROVISIONS AND ASSURANCES FHWA FORM 1273 See following pages for this document. EXH 1-01 p. 23 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. II. 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 EXH 1-01 p. 24 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 anc 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 2 EXH 1-01 p. 25 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob 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- minoritygroup 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 3 EXH 1-01 p. 26 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 Acton 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 4 EXH 1-01 p. 27 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 federaliy- 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. 5 EXH 1-01 p. 28 (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. EXH 1-01 p. 29 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 Section IV. The straight time hourly wage rates for apprentices 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. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-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 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 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 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes 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 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification 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 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed 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. Overtime 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 in excess of forty hours in such workweek. 2. Violation; liability 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 States (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 $10 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 (1.) 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. 7 EXH 1-01 p. 30 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 This provision 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 This provision 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: g EXH 1-01 p. 31 "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 (httos://www.eols.aov/), which is compiled by the General Services Administration. g EXH 1-01 p. 32 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 athree-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 athree-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 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 (httos://www.eols.4ov/), 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 10 EXH 1-01 p. 33 department or agency with which this transaction originated may pursue available remedies, including suspension andlor 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. 11 EXH 1-01 p. 34 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 (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 12 EXH 1-01 p. 35 EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES DOL WAGE RATE DECISION See following pages for this document. EXH 1-01 p. 36 + s EXHIBIT I-Ul FEDERAL CONTRACT PROVISIONS AND ASSURANCES "General Decision Number: FL20210163 Ol/O1/2021 Superseded General Decision Number: FL20200163 State: Florida Construction Type: Highway County: Collier County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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, 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 $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol,gov/whd/govcontractso Modification Number Publication Date 0 01/O1/2021 * SUFL2013-024 08/19/2013 Rates Fringes CARPENTER, Includes Form Work....$ 12.52 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.98 0.00 ELECTRICIAN ......................$ 21.92 6.60 HIGHWAY/PARKING LOT STRIPING: EXH 1-01 p. 37 EXHIBIT I-U] FEDERAL CONTRACT PROVISIONS AND ASSURANCES Operator (Striping Machine).....$ 16.72 0.00 HIGHWAY/PARKING LOT STRIPING: Painter .........................$ 12.13 0.00 IRONWORKER, ORNAMENTAL...........$ 13.48 0.00 IRONWORKER, REINFORCING..........$ 16.39 0.00 IRONWORKER, STRUCTURAL...........$ 16.42 0.00 LABORER (Traffic Control Specialist) ......................$ 12.05 1.95 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 13.89 0.00 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 Backhoe/Excavator/Trackhoe.......$ 16.55 0.00 )PERATOR: 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 p EXHIBIT 1-ul FEDERAL CONTRACT PROVISIONS AND ASSURANCES OPERATOR: Oiler. 99#0*9*66L? 17.31 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.82 0.00 OPERATOR: Piledriver............$ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 19.35 0.00 OPERATOR: Trencher ..............$ 16.07 0.66 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/govcontractse 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)) . EXH 1-01 p. 39 EXHIBIT 1-U] FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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 Classifications) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100$ of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. EXH 1 01 V. 40 EXHIBIT 1-ul FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 EXH 1-01 p. 41 EXHIBIT I-U I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXH 1-01 p. 42 EXHIBIT I-Ul FEDERAL CONTRACT PROVISIONS AND ASSURANCES THIS PAGE IS INTENTIONALLY LEFT BLANK EXH 1-01 p. 43 EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES THIS PAGE IS INTENTIONALLY LEFT BLANK EXH 1-01 p. 44 EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES 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. Anticipated DBE, M/WBE or VETERAN Participation Statement 3. Construction Contractors Bid Opportunities List —Submit online, see #12 FDOT Project Forms: 4. Certification Regarding Debarment... 5. Affidavit of Vehicle Registration 6. Certification of Sublet Work 7. Certification of Current Capacity 8. Non -Collusion Provision 9. Notification of EEO Officer 10. DBE Bid Package Information 11. Disclosure of Lobbying on Federal -Aid Contracts 12. Disclosure of Lobbying Activities Other Submittals with Bid Package: 13. FDOT Prequalification Number FDOT INSTRUCTIONS 14. 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 FDOT Form 375-030-33 FDOT Form 375-030-34 FDOT Form 275-030-11 CONTRACT ADMINISTRATION FORMS A LAP Contractor must comply with Federal statutes, U.S. Department of Justice, U.S. Department of Transportation (USDOT) and Federal Highway Administration (FHWA) regulations, policies, and procedures promulgated by the Florida Department of Transportation (FDOT). The Contractor and its subs will prepare and complete required forms as a result of these federal requirements. The necessary forms can be found at an FDOT website: https://fms.fdot.gov/Form?sort=number Refer to this website to become familiar with all documentation and compliance reporting that must be submitted throughout the project. EXH 1-01 p. 45 EXt-IIBIT 1�01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of'rerms, Conditions and Grant Clausos Flow gown of Terms and Conditions from the Crant 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, (ll) the subcontractor is bound by all applicable state and federal laws and regulations, grid (ill) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcantractor's perFormance of worl� under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in perrorming 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. Stet. Certification On behalf of my firm, I acknowledge, and agree to perform ail of the specifications and grant requirements identified iri this solicitation dacument(s). vendor/Contractor Name Quality Enterprises USA, Inc. Date 4L2.8/21 Authorized Signature outs au io, ice rest en Address 3494 ShearW.�a er Street�Naples.., FL 34117-8414 Solicitation/Contract # 21-7852-ST EXH 1.Ot p, 46 EXHIBIT I-01 FEDERAL CONTRAC'i PROVISIONS AND ASSURANCES COLLIER COUNTY AN7'ICIPATECs C115ACJVANTA+SEEi, MIPJORITY, WCJMEfS! �7R VETERAN PARTIJIPA'rIC1N STATEMENT 5tatsFsw111 he verffietl. Vn'reriia6le statusas »tll require the PRJh1.c to either pron�<le a revised statement or pro'�ide source documentation that validates a status. A. P�IMC-VENDQRfi:.C1N7f'�PIGTCIRINFORN1Ai'ICIN �_ PRIhi1EhJAh1E��r _ PAIMEFEIDPJUhABER � Ct7hITAACTDQLLdRAhAC7U0JT Quality Enterprises USA, Inc. _54-0947002 _ I;T1JiE PfiIJ+IE d FtORIGA•CEJLTIPIE6� DISAt7'1AI(TdGE®� VETERAPJ Y ti S THE ACTl�lli'I OF 17�115 COhJI'RACT.., MINORl7'fPRI'IDMEh18USItIESSEIITERPRISE? D6E7 Y N C01'JSTRVCTI014? � hJ {DBEfI+IBEl1'lEEj OR Hd4E d SMALLDISADYAhfrA.GED BVSIMESScdLERTI�ICATIOPJFROMTHESbIALLBUSINE55 MBEd 1' N COHSiPLTAT'UaNi' Y N AUi�1hVISTRATIONi A5ERVICEDISABLED`iETERAtJ? WBE? Y' OTHEP,7 Y 1J SUB 8A? V M __ IS THJ$ SVEfAISSfOhJ,4 REVISIOhJ? Y N :F YES, REL7514N C1UFA6ER� B; [F PRI�tIE Hr'iS �U6�:(7NTRAGTUR QR SUPPUERbVFiQ [S A'D15ADVANTf4GED (�+1lNOfiITY, W11RflEN-C1WNED, 5Pr1AEL f3US1NEJ5 �C)IVC�ERM'bfiSERVECE L11tiA8LED VETERAN, PRIME �`; Tti CrJMPLETETHI-S NEXTSEtT10N UE+E fAJVJBE SUBCONTRACTOR OR Sl1PPLIER TYPE OF 1VORK OR ETH1'JICITY CODE SUBJSUPPLIER PERCEhVT OF CONTRACT VETERAJd hIAME SPEC1ALTr {SeeEe9ow] DOLLARAMOUJdT DOLLARS DBE/WBE Alamav, LLC Prestress NMW $144,122,40 5,4% $144,122,40 � 5.4% C, SECYION T4 BE �I�PVIPLETEt} BY PRIME VENC�t�RfCpNTRACT�R hJAhtE OF 5UEIAITTER DATE TJTLE OF SU6MrTTER Louis J. Gaudio 4/28/21 Vice President Eh1AILADDRE55 OF PRIME ISUBMRTER) LGAUDIOCc�QEUSA.COM 'iELEPHOr•JE t1UMBER 239-435-7200 r: NOTE: This information is used to track and rep°rt anticipated DBE Cr d.9E E participaticn in federallyfunded contracts. The anticipated DBE or M6E amount is voluntary and w111 not become part of tha contractual terms. This form must he submJtted at time of restsonse to a solicitation. Jf and vrhen znvarded A C°uflty contract, the prima will be asked to update the inionnatiofl for the grant compliance ides. ` ETHNIGMj'Y � � CEDE _ •' J;lackAmarlcan e,`,. His �anlc G.nisrtcan HA CJatived.marican NA Subt°nt.,SsianAmarlcan SAA AsianrPacl[I[Anwrlcan APA rron•J,tlncrlrrvomen Na,�tW Offier: noCoBany °flier group Ihsted Ks NA1v1E EY: D, SEt:TIt�N TO BE CtaN1PLETED BY CC1LLlER COUNTY 1J fIFBiR6P or GRAPEY PR DATE EXH 1.0'I p. A7 EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Construction Contractors Bid O ortunit List 1. Federes Tox.1G I�lran7t�er: 82-1499451 �. ®pgE �3. .�.nnur�i Grays Receipts ?. Finer PJame: Alamav LLB- ❑ �ioi1-CrBE ® Less than S1 million 3. Phone: ��-�(17-2606 ❑ Betti+teen St -aG� rnilliai� 4. �,tidress: 3�51 5th Ave NW ❑ Bet•++teen �5-�t0n1i€lion Naples, Florida 34120 7. ®�ul�cantroctor ❑ Bet++Feen £10 - �'t5 n7iiiion ❑ �rsl�cansuitant ❑ tvtore ihnn 51a minion 5. `tear Firm EEtah`'ished: 1. Federc' Tax fir hJum��er: 47-44361 2. Firm td�me: ,met astrucl �. ?.d�JresU: 11341 Lindbergh Blvc Fort Mvers. FI 33913 5. Year Finny Est�tJiished: 2015 �. ❑ �iBE Service ® flop-Gf=,E. 7. ®�ut�cantrnctar ❑ �ut�consuftcynt 8. ,",nr�u� Grass Receipts ❑ Less than �1 m+iilion ❑ Bet�a�een �7 - :nE n7i{iian ❑ Bei��+seen SS -,1C1 million ❑ Betti+;een 51�7 - �1.5 mili:ion ® tv#ore than J r�5 millian 1. Fecfer�i Tax fir tdunntrer: 59-2583954 �. ❑_ �ii3E 9. �.nnu��!; Gr€�ss Receipts 2. Firm t�lame: Q Grady Minor [� Fwon-DBE ❑ Less thon �t million 3. Phone: ?'iA-A47-1144 ❑ Bet++teen �1 - �`-a rniliiai� 4. �.tidrsss: 3800 Via Del Rey ® Bett+teen 5� - � 1 D n�i°lion Bonita Springs, FI 34134 7. [3� �ul�cantrnctor ❑ Beraaeerr �,t0 - �i= in�iiiiorn ❑ �ul:�cansu=tent ❑ tutore thin �1:5 minion �. Year Firm Est�bisheti: 1985 1. FRdera�, Tax !D tdun�aer: 47-3682326 s. ❑DBE •3. .�:nnuai Grass Receipts, 2. Finn 4•dsme: Paramount Asphalt �alCoat ®�on-GEE ❑ Less than �t million 3. Phone; 239-348-0777 ® Bet,+;eery Gi - �5 rniliiai} 4. ,=,clE-Ir�ss: 260 20th St NE ❑ Bets+jeep �ti - a10 rnillxon NapJPs, FI �41�8 7. ®�'ul?cantrncfi�r ❑ Bei•,veen 51rJ -515 rnniliiarn ❑ �ut7cansu,t�nt ❑ tv4ore ihnn �tS minion 5. 'tear Firm Estahlished: 2015 1. Federa Tax lG P1r�rn��er: 26-4521129 F. [� D6E S. Annual Gress Receipts 2. Finn7 t•Jrrme: Lomski Englneerinq ❑ ton -GCSE ❑ Less than �i million 3. Phone: ® @ei•�+peen �1 -:�� n�illian 4. Adclress�%��10 TOIedO $TaC�e $lVd ❑ 8etrveen �� -:�1�r mi';lion Port Charlotte FI 33954 7. ®Sut>cantr�ctor ❑ Betti+teen �i�7 -�1,5 milion ❑ Sutacansu�tent ❑ Ivtore then 5�?:� million :5. Year Finny Estat,€fished: 2009 EXH 1-01 p. 48 EXHIBIT I-01 FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Construction Contractors Bid O ortunit List t. Federal Tax, ID hJumkaer: 59-2341833 g, ❑DBE �. Annu��1 Gross Receipts �. Firm hd�lme: Alford Construction ®Pon -DBE ❑ Less then a1 nsilliort :3. Phone: 81-875-8�'� ® Bet;reen �t - a'r million 4. Adclress� PO Box 15757 ❑ Bei�++reen �ti - a10 minion Tampa or1 a 3368 7. � Subcontrecfior ❑ Bet;+;een 51rJ - �'15 n7ilion ❑ Suhconsuitant ❑ More thin ;15 n�iilian 5. Year Firm Estah°fished; 1983 1 2 J ?? Federa' Tax 1D t�lumher: Firm i�dan7e: Phal,e: p.rir� rps y: 5. Y'e�r Fin17 Est�hiished: 1 :� Feder�i Tex iD t�Jumaer: Firm tdame: Phone: �.lidrLss: �. Year Firm Estah'rishe�f: Federal:. Tox. iD glum€per: Firm t^�ame: Phar�e: ,�.�1 � rR;,s: 5. 'Tear Firm Esteh`isheci: 1 2 3 Federai T�,x 1D tJuniher: Firrn t•�ar1}e: Phone: r".�J� r8S5': �. 'r`e�r Finty E tebished: F. ❑ D6E �5. ?.nnuai Grass Receipts ❑ i•on-DF�E ❑ Lc:sthan �i minion ❑ Beivseen ��1 - :�� mill[�n ❑ Bei;reen �� - a1C1 nliilan 7. ❑ �tuhcantrr,ctor ❑ Bei;veen $'i0 . `i� mic',ior� ❑ vuhcansuttant ❑ tvfore then �5t:� minion E. ❑ DSE »3. a.nnual Gross Receipts ❑ Ctiort-DBE ❑ Less then ;r 3 million ❑ Bei�+Teen S1 - �5 million ❑ Bei�+seen �5 - �10 n7i;l<on 7. ❑ atnc�ontr�letor ❑ Befi��reen �9rJ -,�5 r�}iilion ❑ �ul��ansultent ❑ Iv'eare than w�t5 minion 6. ❑DBE 3. �.nnuoi Gass Receipts ❑ tan-DE�E ❑ Lens than ;�1 miilio€1 ❑ Bet;"Peen �7 -.�� n1liil�IS ❑ Bet;+seen 55 - :� 10 n1r1 on 7. ❑ �;ulacantr�ctar ❑ Beiti+Teen S'(�7 -�t5 n7il'sian ❑ �ubconsu':tent ❑ tvSore thin �35 miilian fi. ❑DBE ��. ,�,nnu�° Gross Receipts ❑ �,ron-DBE. ❑ Less than �t million ❑ BeTa�een �'i - y=. n7iliior� ❑ E.ef;veen S� - .� 1 Ci n1i?I�+an 7. ❑ �uheontrectar ❑ Bei;+,een �`ft� -�i5 miliion ❑ Sui�consu!'tant ❑ tv€ore thin 5t5 millian EXH 1-01 p. 48 STATE Of- r•L�RIDA pEPARTMENT OF TRANSPORTATIOD) 375.030-32 CERTtI=ICATION REGARDING DEl�ARMCNT, SUSPENSION, PROCUREMEN6 INELIG113lLITY AND VOLUNTARY EXCLUSION LOWER'I'IEI� COVERED TRANSAC"PIONS FOR F~'EDGRAL AID CONTi'dACTS (Compliance with 2 C,�R Parts 180 and 1200) It Is certified that Walther 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; uality Enterprises USA Inc. Ry; Date; 4/28/21 Title; Vice President _�_ Instructions far 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 120U) 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 I<nowingly 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 (s 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," "st.isponded," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used (n th(s 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 Tler 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 Tfer 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 (nto any lower tier covered transaction with a person who is debarred, suspended, cloclared 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.gov/), which Is compiled by the General Services Administration. h, Nothing contained in the foregoing shall be construed to require establ(shment 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 e of these instructions, if a participant in a covered transaction {<nowingiy enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded froir� participation in this transaction, in addition to other remedial available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. EXH 1-01 p. 4�J STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �; �� $ 4 �� i ''lIM VFIIICLF FtFGISI"RATION State; Florida County; Collier 700-010-52 CONSTRUCTION 10/18 _ Quality Enterprises USA, Inc. ,hereby attests that all of the vehicles operated or (Company Name) caused to be operated by said Contractor, are registered in the State of Florida, in accordance with Section 320. Contractor Signature 4/28/21 to NAME: Louis J. Gaudio Inc COMPANY NAME; C.�ualitV Enternrises USA, . Naples FL 34117-8414 • TO DE COM�'LETFD BY DOT PER50NNEL FINANCIAL. PROJECT ID: C•Z�P►»3:LNiirl91TA EXH t•01 , 50 P Q C3 n d 4 a LLJ J N O (Y U) r > a O LU �j w N .� :;,��.,.,(({{��;It Win N O11 z n_nnr,• M N V titers a 't� U) N to EM U cc O O c O O c J a x n- N N O 3 O >' C O � C ' o a) ~5 CL `o g L o a a�i vC%s 2, g �s ' C c a �_ C o � E N U c n N z° a • o `�, d -� � �i , e o ' w ; a a L) {UU N C C n. 0. 3 a N d 8 8 8 c o ca n� o> a s 4 g o c v v ro U) Q a � �i ud)CLW C u� �> n o s N �o E a Cc)ca a o � m N Q lc� ac y b ' N €j C E E .. ,,Eo o n U) £ *0° U N 7 N e w 8 Ll O 5 N a C U C i 1 w � mi C o E c1 a 0 C w a E a _0 q la ) C 'O N C oC C UQC SCl (D N 4) d LL N 3 8 atS pN � o m m V1 C U. N D T N A Nis *Nj. Ls C Cc:g�pCU i%�55 or 8A E 0) Elv o 8¢ IA" a 6 CCa 1 O N Y O S C LL 00 S c N E m n M 8 3 d) o a o E°' N aj �- C p 'p U U N y t NQtli q ro O N J y) a ,C N N ro 5 w v N p U {q ...) N O C yr O N a N C C C O� N U o N a80 aLb''a ¢ £'�U� 4 �oao1 o-ss CONSTRUCTION 08/19 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 prices) 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 subcontractors) 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. EXH 1-01 p. 52 STATE OF FLORIDA DEPARTMENT OF TRANSPORTA'riON I./�P CI;F2TIFICATIQN ®� CURRENT C/��/�CITY CONFIDENTIAL. per Ch 337,14(1) F.S, For bids to be received on April 28, 2021 __ (Letting Date) CERTIFICATE G25.010.46 PROGRAM MANAQEMENT ooi2o Pac�a 1 of 7. Fill in your FDOT Vendor Number v F _E .�. � .� �. 4..�. Q Q 2..Q. Q .1._ �niy applicable to FDOT pre -qualified contractors) I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the "Status of Contracts on Hand" report (page 2) $ _ 49,901,300 • I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows: 1, If the letting is before the 25tI' day of the month, the certificate and report reflect the uncompleted work as of the 15cn day of the month, last preceding the month of the letting, 2. If the letting is after the 25fn day of the month, the certificate and report reflects the uncompleted work in progress as of the 1,5tn day of the month of the letting. 3. Ail new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report• and charged against our total rating. I certify that the information above is correct. Sworn to and subscribed this ,�8t�t .day of _ April , zo 21 13y: Quality Enterprises USA, Inc. NAME OF FIRM Vice President Title EXH 1-01 p, 53 w o o UA � a O a a �wo c � O D E .c Q D o ro Cp C U N C >, O CD 0 M c 0 ro� 3 '00 o 5 a� 0 Q� E o O �- U Q .0 C N 7 O O co 0 W v 0 ¢Z w O m U O � H U =5 O 0 Cl O O O O O o O O O O m O O O O O O O O O O O c t w LO 00 't O) O O O r to m w LO O 0) 00 `zh r M N (0 00 r 00 00 r Nt M (O N LO LO M O n D LO Vt (0 N M d' r O M (O O 0. W •= 'd' N LO N 00 N r= 0) U x Lo U Z O Z �Z Q p Y D � U O 0 GO Z Q ��-- LO 0 0 0 0 0 0 0 0 0 o J D Cl) 00 0 00 d rn LO 00 o co p. O z o r 00 Qi ,d ui d" N 0 I^ 0 o M O >- � U "t r (O N (M dM J Z �. (M d N r 00 N Z O �t z0W 0 cr- �ZU W 00 O Ow0 0 Q m (0 M O 0 ti t O O ft Lo N N O O M O (A N O M (O ti r t, LO r O 00 Fmm M O N d �t 0 00 O O O S r N r N N O E O M .J 0�0 �' C ) Q U O rn 0 c (s (a 6 e> (> (ia (fl (� (� � ° 0 E m ai O O 0 0 0 O o o O 0 c "- O O O O O O O O O O O E N O M d' LO O 00 00 O r M r h LO O t� LO LO (0 r O O LE 'O c 0) O O U O LO 00 N d O (O LO () U Q 00 r 00 � d N O M O O Q) Z t� d� d CV t� N N 'v "� N ui j 00 o p s CO Oau�U 0 $ o (O V C Eh? (fl U} 64 60,fl (fl ()} (H (fi M fCf C � O O (a O c o (O ll m 0 CO r ° `n U o z OW c�S Z u (D +Qy C pEIL W m G Z o p c" o-I .j i CO X N N O2 N p' p. 12 O U. ) L.L. �. O .�. a) U O Oq E —p 0. N (o U a 2 > to -� > o U Z Q m c U bu Z a�i Z B 0 a� � ?y Lt' p O C LLJcp W ai Z Z Oo `- Z .a Z c c 't (A m O CL O� d. Od O E > /V N J N .O L` = 4) '�O ''Om Z C (6 Q D O ob 0 O' O rn C O `O O 00 O C 4 Q 'N 0 Q1 E '� 'U O'y ,,ppip ,p �N ICI l,) /j � C •; •E m CO .E ppp 'E ' S] 'E 'NE N N C� E O cL E E p E U :p I6 O— E E f�N/� .rn C N s C W C O Q O .� O y O 06 O ._ C �- �Q O v CO i O U N •p LL U V) C c (n = , (0 Z CCJJ J t� U (n U p U �p N .- o U c c0 O E E U Q O o O O Q. o U ¢ O o O O D; tC: c I G1 > O O o� a) p CO Q W a 00 O W 2=2 (j aD a0 pQp� �.% U V o Or V rc� '_ W '' N 40 r T C �j 40 , x0 N r 0. r a E a LU o N ryQ 0 r��cc� LL O E a 'o i�i a> d N o ccOO E N (fl p_ 4 d p_Q c� �' co qq o Rct c=Q� vN (n O E p Q 0 E (� U 5 z CJ .�- 0 (J r n Z (0 (J N .�- STATE of FLORIDA DEPARTMENT OF'fRANSPORTATION NONWCOI�LIJSION p�.CL.�R//�'rf©N /aND COMF'LI/�NC�' WITH 49 CFR ?� 29 ITEM/SEGMENT NO.: F.A.P. NO.: _ MANAGING DISTRICT: _ PARCEL. NO.: COUNTY OF: �Q�LeC____.—_ BID LETTING OF: ril 2�, 2021 G7G•060-13 RIGHT OF WAY OGI01 PaOe 1 of 3 I, �_ L.Ouis �. Gaudio ,hereby declare that I am (NAME) ident of of_ Qualm Enterprises USA, Inc. (FIRM) HT and that I am the person responsible within my firm for the final decision as to the prices) arrd amount of this Bid on this State Project. I further declare that: 1. The prices(s) and amount of this bid have been ar•rlved at Independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the prices) 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 farm of complementary b(d. 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 irr 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 subcontractor 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. I 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 partic(pafied In any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with ar�y 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 w(th respect to a public contract. This Includes disclosure of the names of current employees of the firm or affiliates wlio were convicted of contract crimes while in the employ of another• company. EXr11.Ot p. 55 575.060.13 RIOhIT OF WAY 05101 Page 2 of 3 9. I 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 athree-year period preceding this certification been conv(cted 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 far 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 athree-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 1(We), shall not {<nowingly enter into ar�y 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.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTORQuality Enterpris( ea�SA, Inc. BY: Louis J. Gaudio Vice President WITNESS: NAME AND TITLE PRINTED C3Y: SIGNATURE WITNESS: Executed on this 28th day of •___ April _,., 2021 FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT MAY RESULT IN THE BID BEING DECLARED NC?NRESPgNSIVE EXhI 'I-01 p, 575-060-13 RIGHT OF WAY 05/Ot Page 3 of 3 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors and other lower tier participants. - Appendix B of 49 CFR Part 29 — Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. 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. 3. 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 when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that 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. 6. 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. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. 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 a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 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 Covered Transactions (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 voluntary excluded from participation in this transaction 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. --�� EXH 1-01 p. 57 SE E ATTAC H E D STATE OF FLORIDA dEPAR'1'MENT OF TRAMSPOR'CATION NOTIi=tGATION TO FtJOT OF' NCO OFFIGI=R 276.021-13 EOUAL OPPORTUNITY 04114 r� • • • - • . -• • • :-• • • • � ` �i M � � � � � � I r f i � •: � �• I .. .. -- ,; — f f ......................... .......... . ......� ..._ .. _.... _.._._ .._ ....... 1� �� ._........ .i.., e� •• � ' f f • o t � .� s � � • • � '.• s • • • a � • • ' . x • • • • o. � .• f • • �fff f. � • • '•" �� :• •�f '• • • • • • • • .. . .. .•, .•e . . •. r .. . •f . • f- • � • f • • r • •f• • t • � :� Imo, •�...�. .,.�..... .. ......... ...�.. '.,. ... .. ....... ��I� � � I �� r� � � , .. .. _ .. .. .. �� • � • �XIi 1�Q1 P, 60 275-021-13 EQUAL OPPORTUNITY 04/14 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Email the fully completed and signed form to: eeoforms(a�dot.state.fl.us An email acknowledging that the information has been processed will be issued to the sender. General: Complete all boxes each time this form is submitted Section 1: Project Identification Box 1 Contractor Name —The name of the contractor. Box 2 FEID No. —The contractor's Federal Identification Number Box 3 -Home Office Mailing Address (Street) —The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) —The contractor's home office city, state and zip code; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. —Area code and phone number contractor's main business phone Box 6 Fax Number No. —Area code and phone number contractor's main fax Box 7 What is Being Changed? —Mark `Yes' or `No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer —First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title —Job title if the EEO Officer has other duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) —Address of EEO Officer's office Box 11 Work Address of EEO Officer (City, State, Zip) —Address of EEO Officer's office Box 12 EEO Officer Phone Number —Area code and phone number for EEO Officer Box 13 EEO Officer Fax Number —Area code and fax number for EEO Officer Box 14 EEO Officer email address —EEO Officer Email address Section 3: Signature of Corporate Official Box 15 Appointing Official's Signature —Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo/Day/Year) —Date appointing official signs this Notification form Box 17 Official's Name (printed) —Printed first name and last name of person signing Box 15 Box 18 Official's Title (printed) —Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processing of Notification_ This section is completed by FDOT Box 19 Processed by —First and last name of person processing the Notification Box 20 Date Processed —Date processing is completed "��, ^'�; EXH 1-01 p. 59 FloridaF:)( ITIF % raI Transportation 1 GOVERNORTallabassee, FL 32399mO450 April 21, 2g16 RE; NOTIFIOATION TO FDOT' OF EEp OFFICER To whom this concerns: The Equal Empiayrnenfi Opportunity OfFicer Information submitted by: QU/�LfTY �NTEf�Pf�l�f� USA, fMC. JIM IiOXOLD MTARY has been received and added to the Equal Opportunity F�eparting System. If there�is any change to your EEO Officer this Information must be reported to the Equal Opportunity Office at once. if you need any additional information, please contact me at ($50} 414-4742. Sincerely, 9 Stefan Kulakawski State Contracfi Compliance Administrator Equal Opportunity Office www.dot.state.fl.us STATE OF FLORIDA DFPAMW&*rr OFTRANS PORTATION NOTIFICATION TO FDOT OF EEO OFFICER 275s021-03 EQUAL OPPORTUNDY 04/14 Directions: Email the ftully come leted and signed form to eeoforns@dot.stategf1.us Section 9: COMPANY IDENTIFICATION 1. Contractor Name: I 2. PEID No,: Quality Enterprises USA, Inc, 54.0947002 3. Home Office Mailing Address: (street) 4, Home Office Mailing Address: (city, state, zip) 3894 Mannix Drive Suite 216 Naples, FL 34114 5. Main Phone Number; 6. Fax Number; (239) 4354200 (239) 4354202 7. What In being Changed? I Initial EEO Officer Notice to FDOT Now Person A & ppointed I Appointee Chan ad Name Confect Data Chan Qd El Yes No 10 Yes EJ Na Yes Z No I Lj Yes Lj No Section 2: EEO OFFICER IDENTIFICATION B. 'Name of EEO Officer: (first name, middle Initial, last name) 9. EEO Offfcar's Working Title., Isa Carreras W Project Administrator toe Work Address of EEO Ofilcer: (street) 11. Work Address of•EEO officer: (city, state, zip) 3894 Mannlx Drive Suite 216 Naples, FL 34114 12. EEO Officer Phone Number: 1I EEO officer Fax Num er: 239 435.7200 239 435-7202 14. EEO Officer amall address: loarreras@qeusa.com Section 3: SIGNATURE OF CORPORATE OFFICIAL As required In the Equal Employment Opportunity Special .Provisions Included In Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements Included In all State funded highway construction contracts, this official iiotice of EEO Officer appointment (and/or update) Is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA), I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construotion contract compliance program may be found in the EEO Construction Contract Compliance Workbook, 15, Appolnting 0iifclol's Signature: low Dates ( ayfYr.) 04120I2016 17, NolaI's Now (printed) 18. oliklal's Net (printed) Aillson Murrell Project Mana er/Co orate Officer (This Section For FDOT Use) Section 4. Processing of Notification 19, Processed by; (First an L s a e) 20, bete Processed; (m day" DISTRIBUTION, OrIIto FOOT Central l 0 a Files; Copri Mailed to C ntractor UPDATE ACTION: Input in FOR Systom EEO POLICY AND PROCEDURE PAGE I kill 6 Quality Enterprises USA, Inc. hereafter referred to as `the Company' or 'this Company' has adopted this policy and procedure Date; 06/01/2016 gy, Isa Carreras EEO POLICY STATEMENT It is the policy of this Company to comply and cooperate to the fullest extent with A 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 EEO Officer 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 OI. 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 minority or female individuals working at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when we have employment opportunities available, and maintain a record of the organization's responses, 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 PROCEDURE PAGE 3 OF 6 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 "T above. 6. Disseminate the Company EEO Policy notice by providing notice to the unions and training programs and requesting their cooperation in assisting us in meeting our EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and 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 meetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate the Company EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media and 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 to\ organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 10. We will encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth, both on the site and in other areas of our workforce. cA0 EEO POLICY AND PROCEDURE PAGE 4 OP' 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 suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the company EEO 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 1•JEU POLICY AND PROCIIDURI; complainant of all of their avenues of appeal. for appeals. Company EEO Officer See name and contact information subsequently shown or posted. U.S. Dept. of Labor, Regional Director Office of Federal Contract Compliance 61 Forsyth Street, SW, Room 78-75 Atlanta, GA 30303 404)-893-4545 PAG14 s or The following are the addresses for avenues U.S. Equal Employment Opportunity Commission Miami District Office 100 SE 2nd Street Suite 1500 Miami, FI 33131 Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, FI 32399 850) 488-7082 or 342-8170 Federal Highway Administration Florida Division 545 John Knox Road Suite 200 Tallahassee, FI 32303 (850) 553-2200 U.S. Equal Employment Opportunity Commission Tampa District Office 501 East Polk Street, Suite 1000 Tampa, FI 33602 (800) 669-4000 EEO OFFICE DESIGNATION; ACCOMPANYING EEOIAA POLCY & PLAN PAGE 6 0 F 6 Quality Enterprises USA, lnc, has made the following designation in accordance with the EEO/AA Policy and Plan. Date: 06/01/2016 Bye* Isa Carreras NAME: ADDRESS: PHONE: Isa Carreras 3494 Shearwater Street Naples, FL 34117 239-435-7200 STATE OF FLORIDA DEPARTMENT QF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE osn s Page 1 of 2 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBEs. Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information. DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre -construction or pre -work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHeIp@dot.state.fl.us. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors orsub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www.fdot.goy/egualopportunity/eoc.shtm. EXH 1-01 p. 60 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 09/19 Page 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11 B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: • Print the first page of the document on company stationery ("letterhead") that indicates the company's name, mailing address, phone number, etc. • Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to "by" and print the full first and last name and position title of the official signing the policy. • Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. EXH 1-01 p. 61 376.030.33 PROCUREMENT 10I01 CERTII+ ICA.TTON POR D�SCLOaURD OF LOI3I3YxNG ACT�Vx�'��S ON E'ED�RP,L--AZD CONTR�.C�'S (Compliance with 49Ci�F�, section 20.100 (ia)) 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 o�F 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, ar cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person far 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 Farm-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 raliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite far malting 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 al{ lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: Quality Enterprises USA, Inc. _�.�� By: Louis J. Gaudio _ Date: 4/28/21 Authorized Signature Title: Vice President �Xt-I 1-01 p. 62 s'I'A"rE OF FI.ORIpA pEPARI'MENT OF TRANSPORTATION DISCL®SURE �F L.01:3BVING ACTI\/ITIES Is this form applicable to your firm? YES ❑ NO f�l If no, then please complete section h below for "('rime" 3�G•030-34 PROCUREMENT ozi� s 1. Type of f-'ederal Action: a. contract 2. Sfatus of Federal Action: a, bid/offer/application 3. Report Type; a. Initial filing b. grant b, initial award b, material change c. cooperative agreement c, post -award For Material Change Only; d.loan Year: Quarter: e. loan guarantee bate of last report: f, loan Insurance (mm/dd/yyyy) h. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and [� Prime ❑Subawardee Tier , if known: Address of Prlmo: __._ _� _ duality Enterprises�ALl'nc. .�494 Shearwater �ite�.__ _ N�ples, FL. 34117-8414 -_ Congressional District, /f known: 4c _ Congressional District, if known: 6. Federal Department//agency: '7. Federal Program Name/Description: CFDA Number, ifapplicable: 0, Federal Action Number, if known: 9, Award Amount, if known: � _^ _ 10. a, Name and Address of Lobbying Registrant b. Individuals Performing Services (Including address if (if individual, last name, first name, MI); different from Na. 10a) (last name, first name, Ml): 11. Information requested through this form Is authorized by title 31 U.S.C, section 1352. This disclosure of lobby(ng activities Is a material representation of fact upon which reliance was placed SlgnatUl'e: �` -- bythe tier abpve when this transaction was made or entered Into. This disclosure is required pursuant to 31 U,S,C. 1352. Prink Name: LOuiS �. Gaudio -fhls information will bo available for public Inspection. Any person who falls to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than Title: Vice President $1oa,000 for each such failure. Telephone No.:239-435-Z200 Date (mm/dd/yyyy): ,�$/2021 Federal Use Only: Stande d Fo�m LLLI Revrod97tlon EXH 1.01 p. G3 375-030-34 PROCUREMENT 04/14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individuals) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. EXH 1-01 p. 64 RON AESANTIS GOVERNOR 4/20/2021 Florida Department of Transportation 605 Suwanee Street Tallahassee, FL 3239M450 RE: DDE AFFIRMATIVE ACTION PLAN APPROVAL ICEVIN J. THIBAULT, P.E. SECRETARY The Disadvantaged Business Enterprise Affirmative Action Plan submitted by; QUALITY ENTERPRISES USA INC has been approved for a period of three years. Please update and submifi a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, it will not be necessary for you to submit a new pIan. If you need any additional information, please contact me at (850) 414-4747. Sincerely, Stefan Kulakowski State Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION:4/2012024 This plan Is one of the requirements to bid on contracts for the Florida Department of DBE, contact the Certification Section at�850)414.4747 27B•0301113 EQUAL OPPORTUNITY OFFICE 12112 Page 1 of 2 Quality Enterprises USA, Inc. hereafter referred to as "the Company" or "this Company" has adopted this policy and plan. Date: 4120/21 By: Signature Corporate FEID No.: 54.0947002 Louis J. Gaudio, Vice President Printed name & title DISADVANTAGED BUSINESS ENTERPRISE (`DBE') AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of this Company that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation (FDOT). The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between FDOT and the Company. Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with FDOT. The Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout the Company and to disadvantaged controlled businesses. This statement is posted on notice boards of the Company. I, DESIGNATION OF LIAISON OFFICER The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for ail contracts with FDOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan In accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties. (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all FDOT contracts, (2) The Liaison Officer will submit all records, reports, and documents required by FDOT, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT. The following individual has been designated Liaison Officer with responsibility for Implementing the Company's affirmative action program in accordance with the requirements of FDOT. [. _4F t DBE LlAi§,6N OFFICER: It .. NAME Louis J. Gaudio Vice President L,GQ�UDIO@QEU.SA.COM 3'49 Shearwater Street, Naples, FL 34117-8414 276.030.118 EQUAL OPPORTUNITY OFFICE 12112 Page 2 of 2 it. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, the Company has Identified the fallowing known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform FDOT work; 3. Lack of interest in performing on FDOT contracts; 4. Lack of response when requested to bid, 5. Limited knowledge of FDOT plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of the Company to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with FDOT will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company, 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to Increase the likelihood of meeting the state's goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about the plans, specifications, and requirements of the contract, notrejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where It is practical to do so; 6. Attend pre -bid meetings held by FDOT to apprise disadvantaged subcontractors of opportunities with the Company, 7. Follow up on Initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company Is interested In the subcontract opportunity. 8. Utilize FDOT's DBE Supportive Services providers for assistance in identifying and notifying DBE's of contracting opportunities. The Company understands that this list of .affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. III. IMPLEMENTATION The Company will make every effort to 1. Meet state goals by utilizing its affirmative action methods. 2. Express good faith by seeking to utilize DBE subcontractors where work is to be subcontracted. 3. Ensuring that contracted DBE's perform a commercially useful function as evidenced by their execution of a distinct element of work with its own workforce and the carrying out responsibilities by actually performing, managing and supervising the work involved. V. REPORTING ffiff 1 The number o materials and s' 2. The efforts and: 3. Documentation to obtain DBE p 4. The Company pm for each; ", th. nd mairltairl�suc�i records as are necessary to determine the Company's compliance with its The Goijip��r �y will design its record keeping system to indicate: f DBE suco�%pctors and suppliers used by the Company, identifying the items of work, ervices provided; t , u,Jtia progress being made in obtaining DBE subcontractors through local and community sources; �f all contracts, to Include correspondence, telephone calls, newspaper advertisements, etc., ancoipation'tii1';�iJ FDOT projects; shall comply�Wi � FDQT's requirements regarding payments to subcontractors including DBEs (estimate period in whicli`tlie companies have worked. FDOT.